H (A Minor) (Child Arrangements: Section 91(14) Order), Re

H (A Minor) (Child Arrangements: Section 91(14) Order), Re

Given the findings of significant domestic abuse by the father, his ongoing abusive litigation conduct, and the emotional harm to H and M from further proceedings, H's welfare requires a Section 91(14) order prohibiting further applications by the father for two and a half years. Only indirect monthly contact is appropriate, with the mother to update the father if H is unwilling. Disclosure of judgments and orders to the Dubai court is permitted; disclosure of the Children's Guardian's report is refused.

Parties
Applicant: A Father; First Respondent: A Mother; Second Respondent: H (A Minor)
Jurisdiction
England and Wales
Judgment Date
14 April 2023
Procedural Posture
Family Law Child Arrangements / Final Judgment
Outcome
Application for direct contact refused; Section 91(14) order granted; indirect contact ordered; disclosure of judgments and orders permitted; prohibited steps order granted.
Legal Topics
Child Arrangements, Domestic Abuse, Section 91(14) Orders, Jurisdiction, Contact Orders
Family Law Child Law Child Arrangements Domestic Abuse Section 91(14) Orders Jurisdiction Contact Orders

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Parties

A Father

Applicant

A Mother

First Respondent

H (A Minor)

Second Respondent

Procedural Posture

Family Law Child Arrangements / Final Judgment

Legal Issues

  1. 1 What child arrangements are in the best interests of H?
  2. 2 Should a Section 91(14) order be made to restrict the father's applications?
  3. 3 What is the appropriate duration and scope of any Section 91(14) order?

Ratio Decidendi

Given the findings of significant domestic abuse by the father, his ongoing abusive litigation conduct, and the emotional harm to H and M from further proceedings, H's welfare requires a Section 91(14) order prohibiting further applications by the father for two and a half years. Only indirect monthly contact is appropriate, with the mother to update the father if H is unwilling. Disclosure of judgments and orders to the Dubai court is permitted; disclosure of the Children's Guardian's report is refused.

Court Disposition

Application for direct contact refused; Section 91(14) order granted; indirect contact ordered; disclosure of judgments and orders permitted; prohibited steps order granted.

Orders

  • Child Arrangements Order: monthly indirect contact between H and the father, with the mother to update the father if H is unwilling.
  • Section 91(14) order: father prohibited from making further applications under the Children Act 1989 (except enforcement) for 2.5 years (until 5 July 2025).