F (Children) [2013] EWCC B20 (Fam) (07 June 2013)

F (Children) [2013] EWCC B20 (Fam) (07 June 2013)

Given the history of conflict, emotional harm to the children, the father's alcohol misuse, and the need for stability and recovery, contact must be strictly supervised, limited to once per month, and subject to clear conditions. Non-molestation and prohibited steps orders are necessary to protect the mother and children. A section 91(14) order is justified to prevent further disruptive litigation for four years, with leave required for any application.

Citation
[2013] EWCC B20 (Fam)
Parties
Applicant/father: EF; Respondent/mother: CD (formerly CF); Child: J (child); Child: K (child); Child: G (child); Children's Guardian: Sue Haywood
Jurisdiction
England and Wales
Judgment Date
07 June 2013
Procedural Posture
Family Law Children / Final Hearing of Application to Vary Contact Order
Outcome
Application for variation of contact order granted with strict conditions; non-molestation and prohibited steps orders made; section 91(14) order granted for four years.
Legal Topics
Contact Orders, Non Molestation Orders, Prohibited Steps Orders, Section 91(14) Orders, Children's Welfare, Supervised Contact
Family Law Child Law Contact Orders Non Molestation Orders Prohibited Steps Orders Section 91(14) Orders Children's Welfare Supervised Contact

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Parties

EF

Applicant/father

CD (formerly CF)

Respondent/mother

J (child)

Child

K (child)

Child

G (child)

Child

Sue Haywood

Children's Guardian

Procedural Posture

Family Law Children / Final Hearing of Application to Vary Contact Order

Legal Issues

  1. 1 What contact arrangements are in the best interests of the children?
  2. 2 Should contact be supervised and under what conditions?
  3. 3 Should a non-molestation order be made against the father?

Ratio Decidendi

Given the history of conflict, emotional harm to the children, the father's alcohol misuse, and the need for stability and recovery, contact must be strictly supervised, limited to once per month, and subject to clear conditions. Non-molestation and prohibited steps orders are necessary to protect the mother and children. A section 91(14) order is justified to prevent further disruptive litigation for four years, with leave required for any application.

Court Disposition

Application for variation of contact order granted with strict conditions; non-molestation and prohibited steps orders made; section 91(14) order granted for four years.

Orders

  • Contact to take place once per calendar month for three hours, supervised by two supervisors, in the community at a location agreed with supervisors.
  • Father to bear all costs of supervision and related contact costs.