AB v BB & Ors [2013] EWHC 227 (Fam) (13 February 2013)

AB v BB & Ors [2013] EWHC 227 (Fam) (13 February 2013)

The risk to the children's welfare, emotional stability, and the mother's ability to care for them outweighs the benefits of contact with the father. The father's history of violence, lack of insight, and the genuine fear experienced by the mother justify refusing both direct and indirect contact (except for limited...

Source-derived case information.

Citation
[2013] EWHC 227 (Fam)
Parties
Applicant: AB; 1st Respondent: BB; 2nd – 5th Respondents: The C, D, E & F Children (through their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
13 February 2013
Procedural Posture
Family Law – Contact and Change of Name Application / Final Judgment After Full Hearing
Outcome
Application for contact refused; application for change of name granted.
Legal Topics
Child Contact, Change of Name, Domestic Violence, Welfare of the Child, Article 8 ECHR
Family Law Child Law Child Contact Change of Name Domestic Violence Welfare of the Child Article 8 ECHR

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Parties

AB

Applicant

BB

1st Respondent

The C, D, E & F Children (through their Children's Guardian)

2nd – 5th Respondents

Procedural Posture

Family Law – Contact and Change of Name Application / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the father should have direct or indirect contact with the children
  2. 2 Whether the children's surname should be changed

Ratio Decidendi

The risk to the children's welfare, emotional stability, and the mother's ability to care for them outweighs the benefits of contact with the father. The father's history of violence, lack of insight, and the genuine fear experienced by the mother justify refusing both direct and indirect contact (except for limited letters via Cafcass) and granting the change of name to protect the children's safety and welfare.

Court Disposition

Application for contact refused; application for change of name granted.

Orders

  • No direct or indirect contact between the children and the father, except for limited indirect contact via Cafcass (letters, not more than twice a year, to be held by Cafcass and passed to the mother if she requests).
  • Permission granted for the mother to change the children's surname.