F v M

F v M

Given the findings of serious coercive and controlling behaviour, emotional and sexual abuse by F, and the risk of further harm to M and the children, no contact (direct or indirect) is ordered between F and the children. A Section 91(14) order is made to prevent F from making further applications without leave of the court until the youngest child turns 18. The non-molestation order is extended, and M is permitted to disclose court documents to relevant authorities. Revocation of parental responsibility is not possible due to the parties' marital status under current law.

Parties
Applicant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
16 January 2023
Procedural Posture
Family Law Child Arrangements and Parental Responsibility / Final Judgment After Fact Finding and Multiple Applications
Outcome
Application for contact by F refused; no contact (direct or indirect) ordered; Section 91(14) order granted; non-molestation order extended; disclosure of documents permitted.
Legal Topics
Parental Responsibility, Child Arrangements, Coercive and Controlling Behaviour, Non Molestation Orders, Prohibited Steps Orders, Section 91(14) Orders, Disclosure to Authorities
Family Law Child Law Domestic Violence Parental Responsibility Child Arrangements Coercive and Controlling Behaviour Non Molestation Orders Prohibited Steps Orders +2 more

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Parties

F

Applicant

M

Respondent

Procedural Posture

Family Law Child Arrangements and Parental Responsibility / Final Judgment After Fact Finding and Multiple Applications

Legal Issues

  1. 1 Whether the applicant father should have any form of contact (direct or indirect) with the children
  2. 2 Whether the applicant father's parental responsibility can be revoked
  3. 3 Whether a Section 91(14) order should be made to restrict future applications by the applicant father

Ratio Decidendi

Given the findings of serious coercive and controlling behaviour, emotional and sexual abuse by F, and the risk of further harm to M and the children, no contact (direct or indirect) is ordered between F and the children. A Section 91(14) order is made to prevent F from making further applications without leave of the court until the youngest child turns 18. The non-molestation order is extended, and M is permitted to disclose court documents to relevant authorities. Revocation of parental responsibility is not possible due to the parties' marital status under current law.

Court Disposition

Application for contact by F refused; no contact (direct or indirect) ordered; Section 91(14) order granted; non-molestation order extended; disclosure of documents permitted.

Orders

  • No direct or indirect contact between F and the children.
  • Section 91(14) order: F prohibited from making applications under the Children Act 1989 regarding the children without leave of the court until 16 November 2035.