X the Father v Y the Mother [2025] EWFC 262 (B) (12 March 2025)

X the Father v Y the Mother [2025] EWFC 262 (B) (12 March 2025)

The father had not completed the therapy recommended by Dr A nor been positively re-assessed, so the risks previously identified remained unaddressed. There was no arguable case or need for renewed judicial investigation. The enforcement application was an abuse of process as there was no breach of the child arrangements order by the mother. Both applications were totally without merit and struck out.

Citation
[2025] EWFC 262 (B)
Parties
Applicant Father: X; Respondent Mother: Y
Jurisdiction
England and Wales
Judgment Date
12 March 2025
Procedural Posture
Children Act 1989 Child Arrangements and Enforcement / Application for Permission to Apply for Child Arrangements Order and Enforcement; Without Notice Hearing
Outcome
Applications dismissed as totally without merit; enforcement application struck out as abuse of process; proceedings referred to Circuit Judge for consideration of civil restraint order.
Legal Topics
Child Arrangements Orders, Section 91(14) Children Act 1989, Enforcement of Child Arrangements Orders, Permission to Apply, Parental Responsibility, Specific Issue Orders
Family Law Child Arrangements Orders Section 91(14) Children Act 1989 Enforcement of Child Arrangements Orders Permission to Apply Parental Responsibility Specific Issue Orders

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Parties

X

Applicant Father

Y

Respondent Mother

Procedural Posture

Children Act 1989 Child Arrangements and Enforcement / Application for Permission to Apply for Child Arrangements Order and Enforcement; Without Notice Hearing

Legal Issues

  1. 1 Whether the applicant father should be granted permission to apply for a child arrangements order under s.91(14) Children Act 1989
  2. 2 Whether the application for enforcement of the child arrangements order discloses any arguable case or abuse of process
  3. 3 Whether there is any change of circumstances or completion of required therapy justifying renewed judicial investigation

Ratio Decidendi

The father had not completed the therapy recommended by Dr A nor been positively re-assessed, so the risks previously identified remained unaddressed. There was no arguable case or need for renewed judicial investigation. The enforcement application was an abuse of process as there was no breach of the child arrangements order by the mother. Both applications were totally without merit and struck out.

Court Disposition

Applications dismissed as totally without merit; enforcement application struck out as abuse of process; proceedings referred to Circuit Judge for consideration of civil restraint order.

Orders

  • Application for permission to apply for child arrangements order dismissed as totally without merit.
  • Application for enforcement of child arrangements order struck out as abuse of process and totally without merit.