A v B (private law final hearing - application for non-molestation order)

A v B (private law final hearing - application for non-molestation order)

The father failed to prove that the mother’s conduct amounted to harassment or molestation; making reports to police or professionals, or raising issues in litigation and not pursuing them, is not in itself evidence of fabrication or malice. No findings of domestic abuse or coercive control were sought or made. The child’s welfare is best served by a gradual increase in time with her mother, with supported and then unsupervised contact, while maintaining stability and monitoring the mother’s mental health. Both parents must communicate and share responsibility for C’s welfare.

Parties
Applicant Father: Mr A; Respondent Mother: Ms B
Jurisdiction
England and Wales
Judgment Date
23 November 2024
Procedural Posture
Children Act Proceedings (child Arrangements and Non Molestation Order) / Final Judgment
Outcome
Non-molestation order refused; child arrangements order made
Legal Topics
Child Arrangements, Non Molestation Order, Parental Responsibility, Mental Health and Parenting, Co Parenting Conflict
Family Law Child Arrangements Non Molestation Order Parental Responsibility Mental Health and Parenting Co Parenting Conflict

Case Brief

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Parties

Mr A

Applicant Father

Ms B

Respondent Mother

Procedural Posture

Children Act Proceedings (child Arrangements and Non Molestation Order) / Final Judgment

Legal Issues

  1. 1 Whether a non-molestation order should be granted against the mother
  2. 2 What child arrangements serve the welfare of C, considering the mother's mental health and parental conflict

Ratio Decidendi

The father failed to prove that the mother’s conduct amounted to harassment or molestation; making reports to police or professionals, or raising issues in litigation and not pursuing them, is not in itself evidence of fabrication or malice. No findings of domestic abuse or coercive control were sought or made. The child’s welfare is best served by a gradual increase in time with her mother, with supported and then unsupervised contact, while maintaining stability and monitoring the mother’s mental health. Both parents must communicate and share responsibility for C’s welfare.

Court Disposition

Non-molestation order refused; child arrangements order made

Orders

  • The father's application for a non-molestation order is refused.
  • C to live with both parents, with the majority of time spent with the father for the next year.