A v A [2024] EWFC 450 (B) (04 September 2024)

A v A [2024] EWFC 450 (B) (04 September 2024)

Given the court's findings of sexual abuse by the father against N, and ongoing denial of those findings, the welfare of N requires termination of the father's parental responsibility for her. For Ad and R, restriction of parental responsibility is justified only in relation to schooling, passports, and sharing of information to protect the mother and children, but not for major medical decisions. Section 91(14) order is justified for four years to protect the children from further litigation-induced harm. Contact with N is refused; indirect contact with Ad and R is permitted but only via mother-held communications until they are mature enough to decide. Prohibitive steps and...

Citation
[2024] EWFC 450 (B)
Parties
Claimant: A (Mother); Defendant: A (Father); Defendants: N, Ad, R (The Children)
Jurisdiction
England and Wales
Judgment Date
04 September 2024
Procedural Posture
Family Law Children and Non Molestation Orders / Final Judgment After Fact Finding and Contested Hearing
Outcome
Orders granted as sought by mother and recommended by guardian, with modifications.
Legal Topics
Non Molestation Order, Prohibitive Steps Order, Child Arrangements Order, Termination of Parental Responsibility, Section 91(14) Order, Indirect Contact, Domestic Abuse, Sexual Abuse, Parental Responsibility Restriction
Family Law Child Protection Non Molestation Order Prohibitive Steps Order Child Arrangements Order Termination of Parental Responsibility Section 91(14) Order Indirect Contact +3 more

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Parties

A (Mother)

Claimant

A (Father)

Defendant

N, Ad, R (The Children)

Defendants

Procedural Posture

Family Law Children and Non Molestation Orders / Final Judgment After Fact Finding and Contested Hearing

Legal Issues

  1. 1 Whether to terminate father's parental responsibility for N
  2. 2 Whether to restrict father's parental responsibility for Ad and R
  3. 3 Whether to make a Section 91(14) order and its duration

Ratio Decidendi

Given the court's findings of sexual abuse by the father against N, and ongoing denial of those findings, the welfare of N requires termination of the father's parental responsibility for her. For Ad and R, restriction of parental responsibility is justified only in relation to schooling, passports, and sharing of information to protect the mother and children, but not for major medical decisions. Section 91(14) order is justified for four years to protect the children from further litigation-induced harm. Contact with N is refused; indirect contact with Ad and R is permitted but only via mother-held communications until they are mature enough to decide. Prohibitive steps and...

Court Disposition

Orders granted as sought by mother and recommended by guardian, with modifications.

Orders

  • Final 'live with' order in favour of mother for all children.
  • No contact order between father and N.