E v Y

E v Y

The father's conduct throughout the proceedings, including persistent abusive litigation, refusal to accept findings of domestic abuse, and ongoing attempts to undermine the mother, demonstrates that direct contact would expose the children and mother to unmanageable risk of harm. The welfare of the children requires a final 'lives with' order in favour of the mother, no direct contact, continuation of the non-molestation order, and a section 91(14) order preventing further applications by the father until the youngest child is 10. The father's applications for adjournment and discharge of orders are refused as meritless and not supported by the evidence.

Parties
Applicant: E; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
29 November 2024
Procedural Posture
Family / Final Judgment
Outcome
Applicant's applications granted; Respondent's applications dismissed.
Legal Topics
Children Act Proceedings, Non Molestation Orders, Section 91(14) Orders, Contact Arrangements, Litigation Abuse, Adjournment Applications
Family Law Child Law Domestic Violence Children Act Proceedings Non Molestation Orders Section 91(14) Orders Contact Arrangements Litigation Abuse +1 more

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Parties

E

Applicant

Y

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether direct contact between father and children is in the children's best interests
  2. 2 Whether a section 91(14) order should be made and for what duration
  3. 3 Whether the non-molestation order should be extended

Ratio Decidendi

The father's conduct throughout the proceedings, including persistent abusive litigation, refusal to accept findings of domestic abuse, and ongoing attempts to undermine the mother, demonstrates that direct contact would expose the children and mother to unmanageable risk of harm. The welfare of the children requires a final 'lives with' order in favour of the mother, no direct contact, continuation of the non-molestation order, and a section 91(14) order preventing further applications by the father until the youngest child is 10. The father's applications for adjournment and discharge of orders are refused as meritless and not supported by the evidence.

Court Disposition

Applicant's applications granted; Respondent's applications dismissed.

Orders

  • Final 'lives with' order in favour of the mother.
  • No direct contact between the father and the children; indirect contact permitted subject to mother's oversight.