B v C [2022] EWFC 189 (B) (14 December 2022)

B v C [2022] EWFC 189 (B) (14 December 2022)

Given the father's convictions for serious sexual and violent offences against the mother, his lack of insight or remorse, ongoing risk of emotional harm to both mother and child, and the inability to safeguard the child through supervised contact, it is inconsistent with the child's welfare to allow contact or grant parental responsibility. The father's applications are abusive and emotionally harmful, justifying a section 91(14) order to prevent further applications for 10 years.

Citation
[2022] EWFC 189 (B)
Parties
Applicant/father: B; Respondent/mother: C; Child: A
Jurisdiction
England and Wales
Judgment Date
14 December 2022
Procedural Posture
Family Law Children / Final Judgment After Contested Hearing
Outcome
Father's applications for contact, parental responsibility, and non-molestation injunction dismissed; section 91(14) order made against father for 10 years.
Legal Topics
Child Arrangements, Parental Responsibility, Non Molestation Orders, Section 91(14) Orders, Domestic Abuse, Contact With Child in Prison, Emotional Harm, Welfare of the Child
Family Law Child Law Domestic Abuse Child Arrangements Parental Responsibility Non Molestation Orders Section 91(14) Orders Contact With Child in Prison +2 more

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Parties

B

Applicant/father

C

Respondent/mother

A

Child

Procedural Posture

Family Law Children / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the father should have contact with the child
  2. 2 Whether the father should be granted parental responsibility
  3. 3 Whether a non-molestation injunction should be granted against the mother

Ratio Decidendi

Given the father's convictions for serious sexual and violent offences against the mother, his lack of insight or remorse, ongoing risk of emotional harm to both mother and child, and the inability to safeguard the child through supervised contact, it is inconsistent with the child's welfare to allow contact or grant parental responsibility. The father's applications are abusive and emotionally harmful, justifying a section 91(14) order to prevent further applications for 10 years.

Court Disposition

Father's applications for contact, parental responsibility, and non-molestation injunction dismissed; section 91(14) order made against father for 10 years.

Orders

  • No contact between father and child A.
  • Father's application for parental responsibility dismissed.