R (no order for contact after findings of domestic abuse) [2020] EWFC B57 (03 December 2020)

R (no order for contact after findings of domestic abuse) [2020] EWFC B57 (03 December 2020)

Direct contact between the father and the child is refused because the risk of emotional harm to the child and her mother, arising from the father's failure to acknowledge past abuse and his ongoing hostile and oppositional behaviour, cannot be safely managed. The father's lack of insight and unwillingness to change means the child's welfare cannot be secured before, during, or after contact. Parental responsibility is refused as the father is unable to exercise it in a manner consistent with the child's welfare. Prohibited steps and non-molestation orders are justified to protect the mother and child from further harm.

Citation
[2020] EWFC B57
Parties
Applicant/respondent (mother): [Mother's name redacted]; Respondent/applicant (father): [Father's name redacted]; Guardian: NYAS Guardian (Mr Kent)
Jurisdiction
England and Wales
Judgment Date
03 December 2020
Procedural Posture
Private Law Children Proceedings (child Arrangements, Parental Responsibility, Prohibited Steps, Non Molestation) / Final Hearing and Judgment
Outcome
Father's applications for direct contact and parental responsibility are refused. Mother's applications for prohibited steps and non-molestation orders are granted. Indirect contact (letters/cards) is permitted.
Legal Topics
Child Arrangements Order, Parental Responsibility, Domestic Abuse, Prohibited Steps Order, Non Molestation Order, Welfare Checklist, Practice Direction 12 J, Contact With Non Resident Parent
Family Law Child Law Child Arrangements Order Parental Responsibility Domestic Abuse Prohibited Steps Order Non Molestation Order Welfare Checklist +2 more

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Parties

[Mother's name redacted]

Applicant/respondent (mother)

[Father's name redacted]

Respondent/applicant (father)

NYAS Guardian (Mr Kent)

Guardian

Procedural Posture

Private Law Children Proceedings (child Arrangements, Parental Responsibility, Prohibited Steps, Non Molestation) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether direct contact between father and child should be ordered in light of findings of domestic abuse
  2. 2 Whether the father should be granted parental responsibility
  3. 3 Whether prohibited steps and non-molestation orders are justified

Ratio Decidendi

Direct contact between the father and the child is refused because the risk of emotional harm to the child and her mother, arising from the father's failure to acknowledge past abuse and his ongoing hostile and oppositional behaviour, cannot be safely managed. The father's lack of insight and unwillingness to change means the child's welfare cannot be secured before, during, or after contact. Parental responsibility is refused as the father is unable to exercise it in a manner consistent with the child's welfare. Prohibited steps and non-molestation orders are justified to protect the mother and child from further harm.

Court Disposition

Father's applications for direct contact and parental responsibility are refused. Mother's applications for prohibited steps and non-molestation orders are granted. Indirect contact (letters/cards) is permitted.

Orders

  • No direct contact between father and child.
  • No parental responsibility order granted to father.