P (a child) (Extended Civil Restraint Order – abusive applicant), Re

P (a child) (Extended Civil Restraint Order – abusive applicant), Re

All of AB's applications are dismissed as totally without merit. The non-molestation order remains in force to protect CD and P. AB's applications are found to be an abuse of process and a means of harassing CD and wasting court resources. An extended civil restraint order is necessary to prevent further meritless litigation by AB.

Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
22 November 2024
Procedural Posture
Family Law Act 1996 and Children Act 1989 Applications / Judgment on Multiple Applications Including Non Molestation Orders, Recusal, Transfer of Proceedings, and Civil Restraint Order
Outcome
All applications by AB dismissed. Extended civil restraint order made against AB. Costs ordered against AB.
Legal Topics
Non Molestation Orders, Recusal of Judge, Civil Restraint Orders, Prohibited Steps Orders, Litigation Abuse
Family Law Civil Procedure Non Molestation Orders Recusal of Judge Civil Restraint Orders Prohibited Steps Orders Litigation Abuse

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Family Law Act 1996 and Children Act 1989 Applications / Judgment on Multiple Applications Including Non Molestation Orders, Recusal, Transfer of Proceedings, and Civil Restraint Order

Legal Issues

  1. 1 Whether to discharge or vary the non-molestation order against AB
  2. 2 Whether to grant a non-molestation order against CD
  3. 3 Whether the judge should recuse herself for alleged bias

Ratio Decidendi

All of AB's applications are dismissed as totally without merit. The non-molestation order remains in force to protect CD and P. AB's applications are found to be an abuse of process and a means of harassing CD and wasting court resources. An extended civil restraint order is necessary to prevent further meritless litigation by AB.

Court Disposition

All applications by AB dismissed. Extended civil restraint order made against AB. Costs ordered against AB.

Orders

  • AB's applications to discharge or vary the non-molestation order, for a non-molestation order against CD, for recusal of the judge, and for transfer of proceedings are all dismissed as totally without merit.
  • The non-molestation order protecting CD and P remains in force.