E v G & Anor
Given the history of conflict, repeated breaches of orders by the father, emotional harm to X, and X's expressed wish for the litigation and contact issues to end, the court finds that direct contact is not in X's best interests at this time. Only letterbox contact is permitted, with mother vetting correspondence. A section 91(14) order is extended to prevent further applications without permission until X is 16. Non-molestation and prohibited steps orders are made to protect X and mother.
- Parties
- Applicant: E; First Respondent: G; Child: Child X (through Guardian)
- Jurisdiction
- England and Wales
- Judgment Date
- 11 January 2023
- Procedural Posture
- Family Law Child Arrangements / Final Judgment After Hearing of Evidence and Submissions
- Outcome
- Direct contact between father and X terminated; only letterbox contact permitted. Section 91(14) order extended. Non-molestation and prohibited steps orders made. Mother to support application for X's second passport and facilitate contact with paternal family (excluding father).
- Legal Topics
- Child Arrangements, Contact Orders, Section 91(14) Orders, Welfare of the Child, Prohibited Steps Order, Non Molestation Order
Case Brief
Summary, issues, holding and outcome
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Parties
E
Applicant
G
First Respondent
Child X (through Guardian)
Child
Procedural Posture
Family Law Child Arrangements / Final Judgment After Hearing of Evidence and Submissions
Legal Issues
- 1 Whether direct contact between father and child X should continue
- 2 Whether a section 91(14) order should be extended
- 3 What arrangements serve the welfare of child X
Ratio Decidendi
Given the history of conflict, repeated breaches of orders by the father, emotional harm to X, and X's expressed wish for the litigation and contact issues to end, the court finds that direct contact is not in X's best interests at this time. Only letterbox contact is permitted, with mother vetting correspondence. A section 91(14) order is extended to prevent further applications without permission until X is 16. Non-molestation and prohibited steps orders are made to protect X and mother.
Court Disposition
Direct contact between father and X terminated; only letterbox contact permitted. Section 91(14) order extended. Non-molestation and prohibited steps orders made. Mother to support application for X's second passport and facilitate contact with paternal family (excluding father).
Orders
- Father to have letterbox contact only with X (card/letter/present once a fortnight, vetted by mother).
- Section 91(14) order: no further applications without permission until X is 16.
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