X the father v Y the mother

X the father v Y the mother

The father has not successfully completed the therapy recommended by Dr A nor been positively re-assessed, so the risks identified in previous proceedings remain unaddressed. There is no arguable case or need for renewed judicial investigation into child arrangements. The enforcement application is an abuse of process as there is no breach of the child arrangements order by the mother; the issues raised concern the school's interpretation of the order, not the mother's conduct.

Parties
Applicant Father: X; Respondent Mother: Y
Jurisdiction
England and Wales
Judgment Date
15 August 2025
Procedural Posture
Child Arrangements and Enforcement Applications Under the Children Act 1989 / Judgment on Applications for Permission to Apply for Child Arrangements Order and Enforcement Order
Outcome
Applications dismissed and struck out as totally without merit; proceedings referred for consideration of a civil restraint order.
Legal Topics
Child Arrangements Orders, Enforcement of Child Arrangements, Section 91(14) Barring Orders, Parental Responsibility, Specific Issue Orders, Permission to Apply, Abuse of Process
Family Law Child Law Child Arrangements Orders Enforcement of Child Arrangements Section 91(14) Barring Orders Parental Responsibility Specific Issue Orders Permission to Apply +1 more

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Parties

X

Applicant Father

Y

Respondent Mother

Procedural Posture

Child Arrangements and Enforcement Applications Under the Children Act 1989 / Judgment on Applications for Permission to Apply for Child Arrangements Order and Enforcement Order

Legal Issues

  1. 1 Whether the applicant father should be granted permission to apply for a child arrangements order under s.91(14) Children Act 1989
  2. 2 Whether the application for enforcement of the child arrangements order discloses any reasonable grounds or is an abuse of process

Ratio Decidendi

The father has not successfully completed the therapy recommended by Dr A nor been positively re-assessed, so the risks identified in previous proceedings remain unaddressed. There is no arguable case or need for renewed judicial investigation into child arrangements. The enforcement application is an abuse of process as there is no breach of the child arrangements order by the mother; the issues raised concern the school's interpretation of the order, not the mother's conduct.

Court Disposition

Applications dismissed and struck out as totally without merit; proceedings referred for consideration of a civil restraint order.

Orders

  • Application for permission to apply for a child arrangements order and specific issue order is dismissed.
  • Application for enforcement is struck out as an abuse of process and totally without merit under r4.4(1)(b) FPR 2010.