F v M [2024] EWFC 128 (B) (22 March 2024)

F v M [2024] EWFC 128 (B) (22 March 2024)

The welfare of the children, as assessed through the Welfare Checklist and the NYAS report, required that they reside with their mother, have no direct contact with their father, and only limited, gatekept indirect contact. The evidence showed that the children were profoundly affected by parental conflict, with significant mental health consequences, and that further proceedings or unrestricted parental responsibility would risk further harm. The father's undertaking, rather than a prohibited steps order, was sufficient to address concerns about his attendance at schools, home, or GP. Restriction of access to mental health information was necessary and proportionate for two years to...

Citation
[2024] EWFC 128 (B)
Parties
Applicant/father: F; Respondent/mother: M; Children/parties: A, B, C (Children, by their Guardian NYAS)
Jurisdiction
England and Wales
Judgment Date
22 March 2024
Procedural Posture
Private Law Family Proceedings (children Act 1989) / Final Hearing/judgment
Outcome
Orders made as set out in judgment: child arrangements order for residence with mother, no direct contact, limited indirect contact, refusal of prohibited steps order re: attendance at schools/home/GP, restriction on access to mental health information for two years, section 91(14) order for 12 months.
Legal Topics
Child Arrangements Order, Prohibited Steps Order, Section 91(14) Children Act 1989, Parental Responsibility, Indirect Contact, Welfare Checklist, Practice Direction 12 J, Disclosure of Information
Family Law Child Arrangements Order Prohibited Steps Order Section 91(14) Children Act 1989 Parental Responsibility Indirect Contact Welfare Checklist Practice Direction 12 J +1 more

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Parties

F

Applicant/father

M

Respondent/mother

A, B, C (Children, by their Guardian NYAS)

Children/parties

Procedural Posture

Private Law Family Proceedings (children Act 1989) / Final Hearing/judgment

Legal Issues

  1. 1 Whether to order a child arrangements order specifying residence and contact
  2. 2 Whether to grant a prohibited steps order restricting father's attendance at children's schools, home, GP, or access to mental health information
  3. 3 Whether to restrict father's parental responsibility regarding children's mental health records

Ratio Decidendi

The welfare of the children, as assessed through the Welfare Checklist and the NYAS report, required that they reside with their mother, have no direct contact with their father, and only limited, gatekept indirect contact. The evidence showed that the children were profoundly affected by parental conflict, with significant mental health consequences, and that further proceedings or unrestricted parental responsibility would risk further harm. The father's undertaking, rather than a prohibited steps order, was sufficient to address concerns about his attendance at schools, home, or GP. Restriction of access to mental health information was necessary and proportionate for two years to...

Court Disposition

Orders made as set out in judgment: child arrangements order for residence with mother, no direct contact, limited indirect contact, refusal of prohibited steps order re: attendance at schools/home/GP, restriction on access to mental health information for two years, section 91(14) order for 12 months.

Orders

  • Children to live with mother (M) under a child arrangements order.
  • No direct contact between father (F) and children.