B and K (Children: Contact: Section 91(14) Orders), Re

B and K (Children: Contact: Section 91(14) Orders), Re

Indirect contact between the children and their father is ordered via monthly letters and gifts; direct contact is not appropriate due to children's wishes, emotional harm, and father's lack of insight. Section 91(14) order is imposed for a limited period to provide respite from litigation. Father's application for expert assessment of the mother is dismissed as her mental health is managed and does not impair parenting.

Parties
Applicant: Father; First Respondent: Mother; Second Respondent: Children's Guardian; Third Respondent: Third Respondent
Jurisdiction
England and Wales
Judgment Date
07 March 2024
Procedural Posture
Child Arrangements Order / Final Judgment
Outcome
Application for increased contact dismissed; Section 91(14) order granted; expert assessment application dismissed.
Legal Topics
Child Arrangements, Contact Orders, Section 91(14) Orders, Non Molestation Orders, Prohibited Steps Orders, Domestic Abuse, Parental Alienation
Family Law Child Arrangements Contact Orders Section 91(14) Orders Non Molestation Orders Prohibited Steps Orders Domestic Abuse Parental Alienation

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Parties

Father

Applicant

Mother

First Respondent

Children's Guardian

Second Respondent

Third Respondent

Third Respondent

Procedural Posture

Child Arrangements Order / Final Judgment

Legal Issues

  1. 1 What contact arrangements should be made between the children and their father?
  2. 2 Should a Section 91(14) order be imposed to restrict further applications?
  3. 3 Should the father's application for expert assessment of the mother be granted?

Ratio Decidendi

Indirect contact between the children and their father is ordered via monthly letters and gifts; direct contact is not appropriate due to children's wishes, emotional harm, and father's lack of insight. Section 91(14) order is imposed for a limited period to provide respite from litigation. Father's application for expert assessment of the mother is dismissed as her mental health is managed and does not impair parenting.

Court Disposition

Application for increased contact dismissed; Section 91(14) order granted; expert assessment application dismissed.

Orders

  • Indirect contact via monthly letters and gifts from father to each child.
  • Mother to encourage children to respond and send quarterly reports to father.