E v G & Anor [2023] EWFC 72 (B) (11 January 2023)

E v G & Anor [2023] EWFC 72 (B) (11 January 2023)

Direct contact between X and her father is not in X's best interests due to the history of conflict, emotional harm, and father's lack of insight and repeated breaches of orders. Only indirect (letterbox) contact is appropriate, with mother to vet correspondence. A section 91(14) order is necessary to prevent further disruptive applications until X is 16. Protective orders are justified to safeguard X and mother.

Citation
[2023] EWFC 72 (B)
Parties
Applicant: E; First Respondent: G; Child (by Guardian): Child X
Jurisdiction
England and Wales
Judgment Date
11 January 2023
Procedural Posture
Private Law Children Proceedings (child Arrangements) / Final Hearing and Judgment
Outcome
Application for direct contact refused; indirect (letterbox) contact only ordered; section 91(14) order continued; non-molestation and prohibited steps orders made.
Legal Topics
Child Arrangements, Welfare of the Child, Section 91(14) Orders, Prohibited Steps Order, Non Molestation Order, Indirect (letterbox) Contact, Committal for Contempt
Family Law Child Arrangements Welfare of the Child Section 91(14) Orders Prohibited Steps Order Non Molestation Order Indirect (letterbox) Contact Committal for Contempt

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Parties

E

Applicant

G

First Respondent

Child X

Child (by Guardian)

Procedural Posture

Private Law Children Proceedings (child Arrangements) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether direct contact between father and child X should continue or be replaced with indirect (letterbox) contact only
  2. 2 Whether a section 91(14) order restricting further applications should be continued
  3. 3 Whether additional protective orders (non-molestation, prohibited steps) are necessary

Ratio Decidendi

Direct contact between X and her father is not in X's best interests due to the history of conflict, emotional harm, and father's lack of insight and repeated breaches of orders. Only indirect (letterbox) contact is appropriate, with mother to vet correspondence. A section 91(14) order is necessary to prevent further disruptive applications until X is 16. Protective orders are justified to safeguard X and mother.

Court Disposition

Application for direct contact refused; indirect (letterbox) contact only ordered; section 91(14) order continued; non-molestation and prohibited steps orders made.

Orders

  • Father to have letterbox contact only with X (letters/cards/presents once a fortnight, vetted by mother)
  • Mother to encourage X to reply to father's correspondence