B v C

B v C

The father's applications for contact and parental responsibility are refused because his involvement would expose the child and mother to an unacceptable risk of emotional harm. The application for a non-molestation injunction is dismissed as it is a ruse. A section 91(14) order is made to prevent the father from making further applications without leave for 10 years due to the exceptional risk he poses and his abusive litigation conduct.

Parties
Applicant/father: B; Respondent/mother: C; Child: A
Jurisdiction
England and Wales
Judgment Date
14 December 2022
Procedural Posture
Family Law Child Arrangements and Related Orders / Final Judgment After Contested Hearing
Outcome
Father's applications for contact, parental responsibility, and non-molestation injunction dismissed. Section 91(14) order granted against the father for 10 years.
Legal Topics
Parental Responsibility, Child Contact, Non Molestation Injunction, Section 91(14) Orders, Domestic Abuse, Emotional Harm, Welfare of the Child
Family Law Child Law Domestic Abuse Parental Responsibility Child Contact Non Molestation Injunction Section 91(14) Orders Emotional Harm +1 more

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Parties

B

Applicant/father

C

Respondent/mother

A

Child

Procedural Posture

Family Law Child Arrangements and Related Orders / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the father should have contact with the child A
  2. 2 Whether the father should be granted parental responsibility for A
  3. 3 Whether a non-molestation injunction should be granted against the mother

Ratio Decidendi

The father's applications for contact and parental responsibility are refused because his involvement would expose the child and mother to an unacceptable risk of emotional harm. The application for a non-molestation injunction is dismissed as it is a ruse. A section 91(14) order is made to prevent the father from making further applications without leave for 10 years due to the exceptional risk he poses and his abusive litigation conduct.

Court Disposition

Father's applications for contact, parental responsibility, and non-molestation injunction dismissed. Section 91(14) order granted against the father for 10 years.

Orders

  • No contact between father and child A.
  • Father's application for parental responsibility dismissed.