W, In the Matter Of [2023] EWFC 228 (B) (29 September 2023)

W, In the Matter Of [2023] EWFC 228 (B) (29 September 2023)

Given the father's persistent failure to comply with court orders, lack of engagement, ongoing safeguarding concerns, and the absence of any beneficial relationship with the child, the court determined that no contact (direct or indirect) should be ordered. The risk to the child and mother outweighs any potential benefit of contact. A section 91(14) barring order is necessary to prevent further abusive litigation by the father.

Citation
[2023] EWFC 228 (B)
Parties
Applicant Father: L; Respondent Mother: S
Jurisdiction
England and Wales
Judgment Date
29 September 2023
Procedural Posture
Child Arrangements Order Application / Final Hearing and Judgment
Outcome
Application dismissed. No contact ordered. Section 91(14) barring order made against the father.
Legal Topics
Child Arrangements, Contact Orders, Section 91(14) Barring Order, Safeguarding, Indirect Contact, Parental Responsibility
Family Law Child Arrangements Contact Orders Section 91(14) Barring Order Safeguarding Indirect Contact Parental Responsibility

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Parties

L

Applicant Father

S

Respondent Mother

Procedural Posture

Child Arrangements Order Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the father should have direct or indirect contact with the child
  2. 2 Whether a section 91(14) barring order should be made against the father

Ratio Decidendi

Given the father's persistent failure to comply with court orders, lack of engagement, ongoing safeguarding concerns, and the absence of any beneficial relationship with the child, the court determined that no contact (direct or indirect) should be ordered. The risk to the child and mother outweighs any potential benefit of contact. A section 91(14) barring order is necessary to prevent further abusive litigation by the father.

Court Disposition

Application dismissed. No contact ordered. Section 91(14) barring order made against the father.

Orders

  • No direct or indirect contact between father and child W.
  • Section 91(14) Children Act 1989 barring order: father prohibited from making further applications under section 8 in relation to W until W is 16, without permission of the court.