P (a child) (dismissal of application – abusive applicant), Re

P (a child) (dismissal of application – abusive applicant), Re

The father's application for contact is dismissed because his abusive behaviour towards the mother, her family, court staff, and professionals makes any contact unsafe and continuation of proceedings would further subject the mother and her family to abuse. No professional can be expected to work with him, and he has failed to comply with court orders regarding evidence. A section 91(14) order is necessary to prevent further abusive or meritless applications.

Parties
Applicant/father: AB; Respondent/mother: CD
Jurisdiction
England and Wales
Judgment Date
14 May 2024
Procedural Posture
Family (children Act 1989) / Judgment After Case Management and Dismissal Application
Outcome
Application dismissed; section 91(14) order granted; prohibited steps and non-molestation orders extended.
Legal Topics
Child Arrangements, Contact Orders, Non Molestation Orders, Section 91(14) Orders, Domestic Abuse, Court Procedure
Family Law Child Arrangements Contact Orders Non Molestation Orders Section 91(14) Orders Domestic Abuse Court Procedure

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Parties

AB

Applicant/father

CD

Respondent/mother

Procedural Posture

Family (children Act 1989) / Judgment After Case Management and Dismissal Application

Legal Issues

  1. 1 Whether the father's application for contact should be dismissed due to his abusive behaviour
  2. 2 Whether a section 91(14) order should be made to bar further applications without leave
  3. 3 Whether continuation of proceedings is being used to further abuse the mother and her family

Ratio Decidendi

The father's application for contact is dismissed because his abusive behaviour towards the mother, her family, court staff, and professionals makes any contact unsafe and continuation of proceedings would further subject the mother and her family to abuse. No professional can be expected to work with him, and he has failed to comply with court orders regarding evidence. A section 91(14) order is necessary to prevent further abusive or meritless applications.

Court Disposition

Application dismissed; section 91(14) order granted; prohibited steps and non-molestation orders extended.

Orders

  • Father's application for child arrangements order dismissed.
  • Section 91(14) order: Father may not apply for any order in respect of the child without leave of the court until 16 May 2024.