Q v Q (No 3)

Q v Q (No 3)

Given the expert evidence of ongoing risk posed by the father to M, the lack of any practical or safe mechanism for supervised contact, and the genuine fear of the mother, this is a rare and exceptional case where no contact should be ordered. Existing undertakings provide adequate protection, and there is no basis for a section 91(14) order.

Parties
Applicant Father: Q; Respondent Mother: Q
Jurisdiction
England and Wales
Judgment Date
28 January 2016
Procedural Posture
Child Arrangements and Related Orders / Final Judgment
Outcome
All applications dismissed.
Legal Topics
Child Contact, Prohibited Steps Order, Section 91(14) Children Act 1989, Public Funding, Risk Assessment, Expert Evidence
Family Law Child Protection Child Contact Prohibited Steps Order Section 91(14) Children Act 1989 Public Funding Risk Assessment Expert Evidence

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Parties

Q

Applicant Father

Q

Respondent Mother

Procedural Posture

Child Arrangements and Related Orders / Final Judgment

Legal Issues

  1. 1 Whether direct or indirect contact between the father and child M should be permitted
  2. 2 Whether a prohibited steps order should replace undertakings
  3. 3 Whether a section 91(14) order restricting further applications should be made

Ratio Decidendi

Given the expert evidence of ongoing risk posed by the father to M, the lack of any practical or safe mechanism for supervised contact, and the genuine fear of the mother, this is a rare and exceptional case where no contact should be ordered. Existing undertakings provide adequate protection, and there is no basis for a section 91(14) order.

Court Disposition

All applications dismissed.

Orders

  • Father's application for contact dismissed.
  • Mother's application for prohibited steps order dismissed; existing undertakings remain in place.