A and B (No 3) (domestic abuse – no direct contact – s91(14)), Re

A and B (No 3) (domestic abuse – no direct contact – s91(14)), Re

The father has not demonstrated genuine insight or accountability for past abusive behaviour, continues to pose a high risk to the children, and the children’s welfare, stability, and strongly expressed wishes require refusal of direct contact, change of surname, and imposition of a section 91(14) order to prevent further applications without leave.

Parties
Applicant: A father; First Respondent: CD; Second Respondent: DD; Third Respondent: A; Fourth Respondent: B
Jurisdiction
England and Wales
Judgment Date
04 May 2024
Procedural Posture
Family / Final Judgment
Outcome
Father's applications refused; guardian's applications granted.
Legal Topics
Child Arrangements Order, Special Guardianship, Change of Name, Section 91(14) Children Act 1989, Domestic Abuse
Family Law Child Welfare Child Arrangements Order Special Guardianship Change of Name Section 91(14) Children Act 1989 Domestic Abuse

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

A father

Applicant

CD

First Respondent

DD

Second Respondent

A

Third Respondent

B

Fourth Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Should the father be granted a child arrangements order to spend time with his children?
  2. 2 Should the children’s surname be changed from their father’s to their mother’s?
  3. 3 Should a section 91(14) order be made to prevent the father from making further applications without leave of the court?

Ratio Decidendi

The father has not demonstrated genuine insight or accountability for past abusive behaviour, continues to pose a high risk to the children, and the children’s welfare, stability, and strongly expressed wishes require refusal of direct contact, change of surname, and imposition of a section 91(14) order to prevent further applications without leave.

Court Disposition

Father's applications refused; guardian's applications granted.

Orders

  • Father's application for child arrangements order refused.
  • Children's surname changed from father's to mother's.