SMD v LMD

SMD v LMD

Given the findings of sexual abuse, the father's refusal to accept those findings, his ongoing campaign and risk of emotional and psychological harm to A, no contact (direct or indirect) is in A's best interests. A section 91(14) order is necessary to prevent further harmful litigation, and injunctive relief is required to protect A from harmful publicity.

Parties
Applicant/father: SMD; Respondent/mother: LMD; Second Respondent/child: A (by Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
14 February 2014
Procedural Posture
Family / Final Judgment After Fact Finding and Welfare Hearing
Outcome
Application for contact dismissed; section 91(14) order and injunctive relief granted.
Legal Topics
Child Contact, Sexual Abuse Allegations, Section 91(14) Children Act 1989, Injunctions, Welfare of the Child
Family Law Child Protection Child Contact Sexual Abuse Allegations Section 91(14) Children Act 1989 Injunctions Welfare of the Child

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Parties

SMD

Applicant/father

LMD

Respondent/mother

A (by Children's Guardian)

Second Respondent/child

Procedural Posture

Family / Final Judgment After Fact Finding and Welfare Hearing

Legal Issues

  1. 1 Whether the father should have direct or indirect contact with the child A
  2. 2 Whether a section 91(14) order restricting further applications should be made
  3. 3 Whether injunctive relief should be granted to prevent publication of identifying material about A

Ratio Decidendi

Given the findings of sexual abuse, the father's refusal to accept those findings, his ongoing campaign and risk of emotional and psychological harm to A, no contact (direct or indirect) is in A's best interests. A section 91(14) order is necessary to prevent further harmful litigation, and injunctive relief is required to protect A from harmful publicity.

Court Disposition

Application for contact dismissed; section 91(14) order and injunctive relief granted.

Orders

  • No direct or indirect contact between SMD and A.
  • Section 91(14) Children Act 1989 order: SMD must seek court's permission before making any s8 application until A is 16 years old (25 August 2021).