A and B (Contact) (No 4)

A and B (Contact) (No 4)

Given the children's strong opposition to direct contact, the history of emotional harm from litigation, and the paramountcy of their welfare, the court ordered only indirect contact, with a structured framework, and renewed the section 91(14) order for two years to prevent further harmful litigation. The fathers' entitlement to annual school reports was affirmed, but broader access to records was denied in light of A's Gillick competence.

Parties
Applicant (local Authority): X County Council; Biological Mother: M1; Mother's Partner: M2; Biological Father: F1; Father's Partner: F2; Older Child (subject): A; Younger Child (subject): B; Guardian Ad Litem: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
14 October 2015
Procedural Posture
Family (children) / Final Judgment After Multiple Applications and Hearings
Outcome
Indirect contact order made for both children; section 91(14) order renewed for two years; preamble regarding school reports included; no direct contact ordered; no further applications without leave for two years.
Legal Topics
Child Arrangements, Contact Orders, Section 91(14) Children Act 1989, Parental Responsibility, Indirect Contact, Supervision Orders, Access to School Records
Family Law Child Law Child Arrangements Contact Orders Section 91(14) Children Act 1989 Parental Responsibility Indirect Contact Supervision Orders +1 more

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Parties

X County Council

Applicant (local Authority)

M1

Biological Mother

M2

Mother's Partner

F1

Biological Father

F2

Father's Partner

A

Older Child (subject)

B

Younger Child (subject)

Children's Guardian

Guardian Ad Litem

Procedural Posture

Family (children) / Final Judgment After Multiple Applications and Hearings

Legal Issues

  1. 1 Whether to order indirect contact between fathers and children
  2. 2 Whether to include a preamble regarding access to school records
  3. 3 Whether to renew a section 91(14) order restricting further applications

Ratio Decidendi

Given the children's strong opposition to direct contact, the history of emotional harm from litigation, and the paramountcy of their welfare, the court ordered only indirect contact, with a structured framework, and renewed the section 91(14) order for two years to prevent further harmful litigation. The fathers' entitlement to annual school reports was affirmed, but broader access to records was denied in light of A's Gillick competence.

Court Disposition

Indirect contact order made for both children; section 91(14) order renewed for two years; preamble regarding school reports included; no direct contact ordered; no further applications without leave for two years.

Orders

  • Fathers permitted to send letters/cards/gifts to each child at specified times annually; mothers to facilitate and encourage indirect contact and retention of correspondence.
  • Mothers to facilitate sending of birthday cards and newsletters from children to fathers.