F v M & Ors

F v M & Ors

Direct contact between F and the children is not in their welfare interests due to the risk of emotional harm posed by F, his lack of insight, and failure to engage with recommended therapy. Only virtual contact is permitted. A non-molestation order is necessary to protect M and the children from F's abusive behaviour. A section 91(14) order is justified to prevent further harmful litigation by F. Specific issues orders are necessary to allow M to make unilateral decisions regarding the children's welfare.

Parties
Applicant: F; First Respondent: M; Second and Third Respondents: A & B (acting through their Children’s Guardian, Emma Brown)
Jurisdiction
England and Wales
Judgment Date
06 May 2022
Procedural Posture
Children Act Proceedings (child Arrangements, Non Molestation, Section 91(14)) / Final Hearing and Judgment
Outcome
Application for direct contact refused; non-molestation order granted; section 91(14) order granted; specific issues orders granted.
Legal Topics
Child Arrangements Order, Non Molestation Order, Section 91(14) Children Act 1989, Parental Responsibility, Domestic Abuse, Welfare Checklist
Family Law Child Law Child Arrangements Order Non Molestation Order Section 91(14) Children Act 1989 Parental Responsibility Domestic Abuse Welfare Checklist

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Parties

F

Applicant

M

First Respondent

A & B (acting through their Children’s Guardian, Emma Brown)

Second and Third Respondents

Procedural Posture

Children Act Proceedings (child Arrangements, Non Molestation, Section 91(14)) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether F should have direct contact with children A and B
  2. 2 Whether a non-molestation order should be made against F
  3. 3 Whether a section 91(14) order should be made to restrict further applications

Ratio Decidendi

Direct contact between F and the children is not in their welfare interests due to the risk of emotional harm posed by F, his lack of insight, and failure to engage with recommended therapy. Only virtual contact is permitted. A non-molestation order is necessary to protect M and the children from F's abusive behaviour. A section 91(14) order is justified to prevent further harmful litigation by F. Specific issues orders are necessary to allow M to make unilateral decisions regarding the children's welfare.

Court Disposition

Application for direct contact refused; non-molestation order granted; section 91(14) order granted; specific issues orders granted.

Orders

  • F to have only virtual contact with A and B, once per week, duration set by M unless otherwise agreed.
  • Non-molestation order against F for 2 years prohibiting molestation, abuse, harassment, or direct contact with M, A, or B, and restricting indirect contact to permitted virtual contact and necessary communications about it.