EMP (A Child), Re (Re Section 8 of the Children Act 1989) [2024] EWFC 12 (B) (30 January 2024)

EMP (A Child), Re (Re Section 8 of the Children Act 1989) [2024] EWFC 12 (B) (30 January 2024)

Given the findings of serious harm by DG towards KB, including rape, and the resulting psychological harm to both KB and EMP, together with EMP's clear wishes and the Guardian's analysis, the court determined that any contact with DG would be contrary to EMP's welfare. The court further found that a section 91(14) order until EMP's 16th birthday was necessary to protect EMP and KB from further harm and litigation. The change of surname was justified by the significant change in circumstances and EMP's welfare. Revocation of parental responsibility was not ordered, but its exercise was restricted. Costs were not awarded against DG or Cafcass.

Citation
[2024] EWFC 12 (B)
Parties
Applicant: DG; First Respondent: KB; Second Respondent: EMP (by his Children's Guardian 'CG2')
Jurisdiction
England and Wales
Judgment Date
30 January 2024
Procedural Posture
Family Children Act 1989, Section 8 / Final Hearing After Fact Finding
Outcome
Application for contact refused; no contact order made; section 91(14) order granted until EMP's 16th birthday; permission granted for EMP to be known by KB's surname; application to revoke parental responsibility refused but exercise restricted; no order as to costs.
Legal Topics
Child Arrangements Order, No Contact Order, Change of Surname, Section 91(14) Order, Parental Responsibility, Domestic Abuse, Welfare Checklist
Family Law Child Law Child Arrangements Order No Contact Order Change of Surname Section 91(14) Order Parental Responsibility Domestic Abuse +1 more

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 5 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

DG

Applicant

KB

First Respondent

EMP (by his Children's Guardian 'CG2')

Second Respondent

Procedural Posture

Family Children Act 1989, Section 8 / Final Hearing After Fact Finding

Legal Issues

  1. 1 Whether a Child Arrangements Order should provide for contact between EMP and DG
  2. 2 Whether EMP's surname should be changed to that of KB
  3. 3 Whether DG's parental responsibility should be revoked or restricted

Ratio Decidendi

Given the findings of serious harm by DG towards KB, including rape, and the resulting psychological harm to both KB and EMP, together with EMP's clear wishes and the Guardian's analysis, the court determined that any contact with DG would be contrary to EMP's welfare. The court further found that a section 91(14) order until EMP's 16th birthday was necessary to protect EMP and KB from further harm and litigation. The change of surname was justified by the significant change in circumstances and EMP's welfare. Revocation of parental responsibility was not ordered, but its exercise was restricted. Costs were not awarded against DG or Cafcass.

Court Disposition

Application for contact refused; no contact order made; section 91(14) order granted until EMP's 16th birthday; permission granted for EMP to be known by KB's surname; application to revoke parental responsibility refused but exercise restricted; no order as to costs.

Orders

  • EMP to live with KB under a 'live with' child arrangements order.
  • No contact (direct or indirect) between DG and EMP.