A v B (private law final hearing - application for non-molestation order) [2023] EWFC 74 (B) (11 May 2023)

A v B (private law final hearing - application for non-molestation order) [2023] EWFC 74 (B) (11 May 2023)

The court found that the mother does not pose a direct risk to C and that her mental health is improving, with support in place. The current arrangements should be maintained with a gradual increase in the mother's contact, including overnights, supported by her family, progressing to unsupervised contact and more...

Source-derived case information.

Citation
[2023] EWFC 74 (B)
Parties
Applicant Father: Mr A; Respondent Mother: Ms B
Jurisdiction
England and Wales
Judgment Date
11 May 2023
Procedural Posture
Children Act 1989 Proceedings and Application for Non Molestation Order / Final Hearing and Judgment
Outcome
Application for non-molestation order refused; child arrangements order made for shared living with gradual increase in mother's contact.
Legal Topics
Child Arrangements, Parental Responsibility, Non Molestation Order, Mental Health and Parenting, Welfare Checklist, Co Parenting, Domestic Abuse Allegations
Family Law Child Arrangements Parental Responsibility Non Molestation Order Mental Health and Parenting Welfare Checklist Co Parenting Domestic Abuse Allegations

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Summary, issues, holding and outcome

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Parties

Mr A

Applicant Father

Ms B

Respondent Mother

Procedural Posture

Children Act 1989 Proceedings and Application for Non Molestation Order / Final Hearing and Judgment

Legal Issues

  1. 1 What child arrangements are in C's best interests given the mother's mental health history and the parental conflict?
  2. 2 Should a non-molestation order be made against the mother for alleged harassment by making abuse allegations?

Ratio Decidendi

The court found that the mother does not pose a direct risk to C and that her mental health is improving, with support in place. The current arrangements should be maintained with a gradual increase in the mother's contact, including overnights, supported by her family, progressing to unsupervised contact and more time as stability is demonstrated. The father's application for a non-molestation order was refused as the mother had not engaged in harassment or malicious fabrication of allegations; she is entitled to share her experiences relevant to C's welfare.

Court Disposition

Application for non-molestation order refused; child arrangements order made for shared living with gradual increase in mother's contact.

Orders

  • Non-molestation order refused.
  • Child arrangements order: C to live with both parents, primarily with father, with a stepped progression of contact with mother, including supported and then unsupported overnights, moving to two nights per week and extended holiday contact as set out in the judgment.