A & B (Children : Restrictions on Parental Responsibility : Extremism & Radicalisation in Private Law) [2016] EWFC 40 (22 July 2016)

A & B (Children : Restrictions on Parental Responsibility : Extremism & Radicalisation in Private Law) [2016] EWFC 40 (22 July 2016)

The court found that F poses a significant risk of physical and emotional harm to M and the children, based on a pattern of serious domestic abuse, breaches of protective orders, and controlling behaviour. The court found no credible evidence of current risk of radicalisation but accepted the risk of psychological harm. The welfare of the children required that there be no contact with F, that their names be changed, and that F be restricted from making further applications without leave until B reaches majority.

Citation
[2016] EWFC 40
Parties
Applicant: F; 1st Respondent: M; 2nd & 3rd Respondents: A & B (Children by their guardian)
Jurisdiction
England and Wales
Judgment Date
22 July 2016
Procedural Posture
Private Law Children Proceedings Under Children Act 1989 / Fact Finding Hearing and Final Determination
Outcome
Application granted in full for M; all orders sought made.
Legal Topics
Child Arrangements Orders, Prohibited Steps Orders, Specific Issue Orders, Section 91(14) Orders, Domestic Abuse, Non Molestation Orders, Restraining Orders, Parental Responsibility, Name Change of Children, Risk of Harm to Children
Family Law Child Law Child Arrangements Orders Prohibited Steps Orders Specific Issue Orders Section 91(14) Orders Domestic Abuse Non Molestation Orders +4 more

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Parties

F

Applicant

M

1st Respondent

A & B (Children by their guardian)

2nd & 3rd Respondents

Procedural Posture

Private Law Children Proceedings Under Children Act 1989 / Fact Finding Hearing and Final Determination

Legal Issues

  1. 1 Whether F poses a risk of physical or emotional harm to M and the children
  2. 2 Whether there is a risk of radicalisation or psychological harm to the children by F
  3. 3 Whether contact between F and the children should be prohibited

Ratio Decidendi

The court found that F poses a significant risk of physical and emotional harm to M and the children, based on a pattern of serious domestic abuse, breaches of protective orders, and controlling behaviour. The court found no credible evidence of current risk of radicalisation but accepted the risk of psychological harm. The welfare of the children required that there be no contact with F, that their names be changed, and that F be restricted from making further applications without leave until B reaches majority.

Court Disposition

Application granted in full for M; all orders sought made.

Orders

  • Child arrangements order: children to live with M, no contact with F.
  • Specific issue order: children's names to be changed.