AB v BB & Ors

AB v BB & Ors

The risk to the children’s welfare and the mother’s ability to care for them outweighs the father’s right to contact; the father’s behaviour and lack of insight into the impact of his actions justify refusal of direct and indirect contact, except for limited indirect contact via Cafcass. The change of surname is permitted due to safety concerns and the risk of the father locating the children.

Parties
Applicant: AB; 1st Respondent: BB; 2nd – 5th Respondents: C, D, E & F Children (through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
13 February 2013
Procedural Posture
Family / Judgment
Outcome
Father’s application for direct and indirect contact refused except for limited indirect contact via Cafcass; mother’s application to change children’s surname granted; risk assessment by consultant psychiatrist not ordered.
Legal Topics
Child Contact, Change of Name, Domestic Violence, Child Welfare, Expert Evidence
Family Law Child Contact Change of Name Domestic Violence Child Welfare Expert Evidence

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

AB

Applicant

BB

1st Respondent

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

2nd – 5th Respondents

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the father should have direct or indirect contact with his children
  2. 2 Whether a risk assessment by a consultant psychiatrist is required
  3. 3 Whether the mother should be permitted to change the children's surname

Ratio Decidendi

The risk to the children’s welfare and the mother’s ability to care for them outweighs the father’s right to contact; the father’s behaviour and lack of insight into the impact of his actions justify refusal of direct and indirect contact, except for limited indirect contact via Cafcass. The change of surname is permitted due to safety concerns and the risk of the father locating the children.

Court Disposition

Father’s application for direct and indirect contact refused except for limited indirect contact via Cafcass; mother’s application to change children’s surname granted; risk assessment by consultant psychiatrist not ordered.

Orders

  • No direct or indirect contact between the children and the father, save for limited indirect contact via Cafcass (maximum twice a year).
  • Mother permitted to change the children’s surname.