F v M

F v M

Fact-finding hearing was not necessary due to clear welfare evidence and admissions; children to live with mother; indirect contact to be gatekept by mother at frequency recommended by NYAS; prohibited steps order restricting F from attending schools, homes, GP refused, but undertaking accepted; restriction on access to children's mental health records imposed for two years; section 91(14) order made for 12 months barring further applications.

Parties
Applicant: F; Respondent: M; Children (joined Parties): A, B, C (children)
Jurisdiction
England and Wales
Judgment Date
06 July 2024
Procedural Posture
Private Law Family Proceedings / Final Judgment
Outcome
Child arrangements order made; prohibited steps order partly refused; section 91(14) order granted; restriction on mental health records imposed; indirect contact ordered.
Legal Topics
Child Arrangements, Prohibited Steps Order, Parental Responsibility, Section 91(14) Children Act, Indirect Contact, Mental Health Records, Welfare Checklist
Family Law Child Arrangements Prohibited Steps Order Parental Responsibility Section 91(14) Children Act Indirect Contact Mental Health Records Welfare Checklist

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Parties

F

Applicant

M

Respondent

A, B, C (children)

Children (joined Parties)

Procedural Posture

Private Law Family Proceedings / Final Judgment

Legal Issues

  1. 1 Whether a fact-finding hearing is necessary
  2. 2 Appropriate child arrangements order
  3. 3 Necessity and proportionality of prohibited steps order

Ratio Decidendi

Fact-finding hearing was not necessary due to clear welfare evidence and admissions; children to live with mother; indirect contact to be gatekept by mother at frequency recommended by NYAS; prohibited steps order restricting F from attending schools, homes, GP refused, but undertaking accepted; restriction on access to children's mental health records imposed for two years; section 91(14) order made for 12 months barring further applications.

Court Disposition

Child arrangements order made; prohibited steps order partly refused; section 91(14) order granted; restriction on mental health records imposed; indirect contact ordered.

Orders

  • Children to live with mother (M)
  • Indirect contact via letters/cards to be gatekept by M, six times per year plus Christmas and birthdays