A and B (No 3)(domestic abuse - no direct contact - s91(14)), Re [2023] EWFC 192 (B) (11 October 2023)

A and B (No 3)(domestic abuse - no direct contact - s91(14)), Re [2023] EWFC 192 (B) (11 October 2023)

The father has not demonstrated meaningful insight or responsibility for his abusive behaviour, continues to pose a risk to the children’s welfare, and further contact or proceedings would cause them harm. The children’s welfare requires refusal of contact, approval of the change of surname to the mother’s, and imposition of a section 91(14) order to prevent further harmful litigation.

Citation
[2023] EWFC 192 (B)
Parties
Applicant Father: A father; First Respondent: CD; Second Respondent: DD; Third Respondent (child): A (a boy); Fourth Respondent (child): B (a girl)
Jurisdiction
England and Wales
Judgment Date
11 October 2023
Procedural Posture
Children Act 1989 Proceedings (child Arrangements, Special Guardianship, Section 91(14)) / Final Hearing and Judgment
Outcome
Father’s application for contact refused; children’s surname to be changed to mother’s; section 91(14) order imposed against father.
Legal Topics
Child Arrangements Order, Special Guardianship Order, Change of Name, Section 91(14) Children Act 1989, Domestic Abuse, Welfare of the Child
Family Law Child Law Child Arrangements Order Special Guardianship Order Change of Name Section 91(14) Children Act 1989 Domestic Abuse Welfare of the Child

Case Brief

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Parties

A father

Applicant Father

CD

First Respondent

DD

Second Respondent

A (a boy)

Third Respondent (child)

B (a girl)

Fourth Respondent (child)

Procedural Posture

Children Act 1989 Proceedings (child Arrangements, Special Guardianship, Section 91(14)) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether to vary the child arrangements order to allow the father contact with the children
  2. 2 Whether to permit the children’s surname to be changed from the father’s to the mother’s
  3. 3 Whether to impose a section 91(14) order restricting the father’s ability to make further applications

Ratio Decidendi

The father has not demonstrated meaningful insight or responsibility for his abusive behaviour, continues to pose a risk to the children’s welfare, and further contact or proceedings would cause them harm. The children’s welfare requires refusal of contact, approval of the change of surname to the mother’s, and imposition of a section 91(14) order to prevent further harmful litigation.

Court Disposition

Father’s application for contact refused; children’s surname to be changed to mother’s; section 91(14) order imposed against father.

Orders

  • Father’s application for variation of child arrangements order refused.
  • Children’s surname to be changed from father’s to mother’s.