JE v TS (No.2: Welfare Determinations) [2025] EWFC 198 (B) (24 June 2025)

JE v TS (No.2: Welfare Determinations) [2025] EWFC 198 (B) (24 June 2025)

Exceptional circumstances exist due to the grave findings of domestic, physical, and sexual abuse by the father, the enduring harm to the mother, the risk to the child's welfare, and the father's refusal to accept responsibility. The court found that even indirect contact would expose the mother and child to unmanageable emotional harm and is not in the child's best interests. The child's welfare requires a no contact order, a change of surname to the mother, restriction (not revocation) of the father's parental responsibility, and a three-year s.91(14) order to prevent further litigation-related harm.

Citation
[2025] EWFC 198 (B)
Parties
Applicant (father): JE; Respondent (mother): TS
Jurisdiction
England and Wales
Judgment Date
24 June 2025
Procedural Posture
Private Law Application for Contact (child Arrangements Order) / Final Welfare Hearing
Outcome
Father's application for contact refused; mother's applications for change of surname and s.91(14) order granted; parental responsibility restricted but not revoked.
Legal Topics
Child Arrangements Order, Domestic Abuse, Contact (no Contact Order), Change of Surname, Parental Responsibility, Section 91(14) Children Act 1989
Family Law Child Law Child Arrangements Order Domestic Abuse Contact (no Contact Order) Change of Surname Parental Responsibility Section 91(14) Children Act 1989

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Parties

JE

Applicant (father)

TS

Respondent (mother)

Procedural Posture

Private Law Application for Contact (child Arrangements Order) / Final Welfare Hearing

Legal Issues

  1. 1 Whether contact (direct or indirect) between father and child should be permitted
  2. 2 Whether the child's surname should be changed to that of the mother
  3. 3 Whether the father's parental responsibility should be revoked or restricted

Ratio Decidendi

Exceptional circumstances exist due to the grave findings of domestic, physical, and sexual abuse by the father, the enduring harm to the mother, the risk to the child's welfare, and the father's refusal to accept responsibility. The court found that even indirect contact would expose the mother and child to unmanageable emotional harm and is not in the child's best interests. The child's welfare requires a no contact order, a change of surname to the mother, restriction (not revocation) of the father's parental responsibility, and a three-year s.91(14) order to prevent further litigation-related harm.

Court Disposition

Father's application for contact refused; mother's applications for change of surname and s.91(14) order granted; parental responsibility restricted but not revoked.

Orders

  • No contact order: the father shall have no contact (direct or indirect) with the child.
  • Child to live with the mother.