F v M & Ors

F v M & Ors

F continues to pose a real risk of emotional harm to the children and direct harm to M due to his failure to address his coercive and controlling behaviour, lack of engagement with recommended therapy, and ongoing fixation on unfounded allegations. The only safe arrangement is for the children to live with M and have supervised contact with F. Restrictions on F’s parental responsibility, a section 91A order, and extension/variation of the non-molestation order are necessary and proportionate to protect M and the children.

Parties
Applicant: F; First Respondent: M; Second and Third Respondents: A & B (acting through their Children’s Guardian, Ruth Alexander)
Jurisdiction
England and Wales
Judgment Date
04 May 2024
Procedural Posture
Children Act Proceedings (welfare/final Hearing) / Final Hearing and Judgment
Outcome
Children to live with M; supervised contact with F; restrictions on F’s parental responsibility; section 91A order made; non-molestation order extended and varied; M permitted to renew passports and remove children for holidays; F to disclose address for service; matter of contempt referred to police.
Legal Topics
Child Arrangements, Parental Responsibility, Non Molestation Order, Section 91 A/91(14) Children Act 1989, Coercive and Controlling Behaviour, Supervised Contact, Domestic Abuse
Family Law Child Law Child Arrangements Parental Responsibility Non Molestation Order Section 91 A/91(14) Children Act 1989 Coercive and Controlling Behaviour Supervised Contact +1 more

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Parties

F

Applicant

M

First Respondent

A & B (acting through their Children’s Guardian, Ruth Alexander)

Second and Third Respondents

Procedural Posture

Children Act Proceedings (welfare/final Hearing) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the children should live with M and have supervised contact with F
  2. 2 Whether F’s parental responsibility should be restricted
  3. 3 Whether a section 91A/91(14) order should be made to prevent further applications by F

Ratio Decidendi

F continues to pose a real risk of emotional harm to the children and direct harm to M due to his failure to address his coercive and controlling behaviour, lack of engagement with recommended therapy, and ongoing fixation on unfounded allegations. The only safe arrangement is for the children to live with M and have supervised contact with F. Restrictions on F’s parental responsibility, a section 91A order, and extension/variation of the non-molestation order are necessary and proportionate to protect M and the children.

Court Disposition

Children to live with M; supervised contact with F; restrictions on F’s parental responsibility; section 91A order made; non-molestation order extended and varied; M permitted to renew passports and remove children for holidays; F to disclose address for service; matter of contempt referred to police.

Orders

  • Children to live with M.
  • F to have supervised contact with the children once a month at a contact centre, to be booked and paid for by F.