Andrew James Griffiths v Kate Elizabeth Kniveton & Anor

Andrew James Griffiths v Kate Elizabeth Kniveton & Anor

Direct contact between the father and the child is not in the child's best interests at this time due to the mother's trauma from serious domestic abuse, the ongoing emotional impact on both mother and child, and the father's lack of insight into the consequences of his actions. Only indirect (letterbox) contact is permitted. A section 91(14) order is justified for three years to give the mother respite from litigation. The child's surname will be changed to Griffiths Kniveton without a hyphen. Prohibited steps order is made to prevent the father from contacting the mother and child outside the permitted scope. No order for costs is made.

Parties
Applicant: Andrew James Griffiths; First Respondent: Kate Elizabeth Kniveton; Second Respondent (a Child, Through the Children’s Guardian): XX
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family / Final Judgment on Child Arrangements and Related Applications
Outcome
Application for direct contact refused; indirect contact (letterbox) only; section 91(14) order made for three years; change of surname to Griffiths Kniveton without hyphen; prohibited steps order granted; costs application refused.
Legal Topics
Child Arrangements Order, Domestic Abuse, Section 91(14) Orders, Change of Name, Prohibited Steps Order, Costs
Family Law Child Law Child Arrangements Order Domestic Abuse Section 91(14) Orders Change of Name Prohibited Steps Order Costs

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Parties

Andrew James Griffiths

Applicant

Kate Elizabeth Kniveton

First Respondent

XX

Second Respondent (a Child, Through the Children’s Guardian)

Procedural Posture

Family / Final Judgment on Child Arrangements and Related Applications

Legal Issues

  1. 1 Whether the father should have direct contact with the child
  2. 2 Form of any indirect contact
  3. 3 Whether to make a section 91(14) order and its duration

Ratio Decidendi

Direct contact between the father and the child is not in the child's best interests at this time due to the mother's trauma from serious domestic abuse, the ongoing emotional impact on both mother and child, and the father's lack of insight into the consequences of his actions. Only indirect (letterbox) contact is permitted. A section 91(14) order is justified for three years to give the mother respite from litigation. The child's surname will be changed to Griffiths Kniveton without a hyphen. Prohibited steps order is made to prevent the father from contacting the mother and child outside the permitted scope. No order for costs is made.

Court Disposition

Application for direct contact refused; indirect contact (letterbox) only; section 91(14) order made for three years; change of surname to Griffiths Kniveton without hyphen; prohibited steps order granted; costs application refused.

Orders

  • No direct contact between father and child
  • Letterbox contact permitted: father may send letters and cards four times per year and at Christmas and child's birthday