W (minors), Re [2007] EWHC 649 (Fam) (07 March 2007)

W (minors), Re [2007] EWHC 649 (Fam) (07 March 2007)

The court found no material change in circumstances since previous findings. The father's continued refusal to accept psychiatric advice, his adversarial and conspiratorial approach, and the risk of emotional harm to the children precluded unsupervised contact or a residence order in his favour. The mother's address should remain confidential due to risk. The father's repeated, unmeritorious applications justified a s.91(14) order. Supervised contact may continue if agreed and safe. The children's welfare required stability and protection from further litigation.

Citation
[2007] EWHC 649 (Fam)
Parties
Applicant Father: GW; Respondent Mother: PB; Applicant Grandparent: Parental Grandmother; Children: Minors (W and L)
Jurisdiction
England and Wales
Judgment Date
07 March 2007
Procedural Posture
Children Act Proceedings (residence, Contact, Prohibited Steps, Committal, S.91(14), Ancillary Relief, Passport Direction) / Final Hearing After Multiple Prior Hearings and Appeals
Outcome
Applications by the father and grandparents for residence and unsupervised contact dismissed. Mother's applications for confidentiality of address and s.91(14) order granted. Supervised contact may continue if agreed. Passports to be released to the mother. Committal application dismissed.
Legal Topics
Residence Orders, Contact Orders, Prohibited Steps Orders, Section 91(14) Orders, Ancillary Relief, Confidentiality of Address, Committal for Contempt
Family Law Child Law Residence Orders Contact Orders Prohibited Steps Orders Section 91(14) Orders Ancillary Relief Confidentiality of Address +1 more

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Parties

GW

Applicant Father

PB

Respondent Mother

Parental Grandmother

Applicant Grandparent

Minors (W and L)

Children

Procedural Posture

Children Act Proceedings (residence, Contact, Prohibited Steps, Committal, S.91(14), Ancillary Relief, Passport Direction) / Final Hearing After Multiple Prior Hearings and Appeals

Legal Issues

  1. 1 Whether to grant a shared residence order or residence to the father or grandparents
  2. 2 Whether to order contact and in what form
  3. 3 Whether to allow the mother to keep her address confidential

Ratio Decidendi

The court found no material change in circumstances since previous findings. The father's continued refusal to accept psychiatric advice, his adversarial and conspiratorial approach, and the risk of emotional harm to the children precluded unsupervised contact or a residence order in his favour. The mother's address should remain confidential due to risk. The father's repeated, unmeritorious applications justified a s.91(14) order. Supervised contact may continue if agreed and safe. The children's welfare required stability and protection from further litigation.

Court Disposition

Applications by the father and grandparents for residence and unsupervised contact dismissed. Mother's applications for confidentiality of address and s.91(14) order granted. Supervised contact may continue if agreed. Passports to be released to the mother. Committal application dismissed.

Orders

  • Residence order in favour of the mother continues.
  • Father and grandparents' applications for residence and unsupervised contact dismissed.