Cala and Daib (Children), Re [2024] EWFC 1 (B) (04 January 2024)

Cala and Daib (Children), Re [2024] EWFC 1 (B) (04 January 2024)

The court found that, while the father's historic domestic abuse was serious, his subsequent remediation was insufficient to mitigate ongoing risks. The evidence, including the Cafcass report, indicated that direct contact would not be safe or in the children's best interests due to the father's lack of insight, ongoing emotional harm to the mother, and the risk of further harm to the children. The court was not satisfied that the mother had shown the alleged anti-Islamic video, but found the children were at risk of emotional harm from continued parental conflict. The high threshold for refusing direct contact was met, and a section 91(14) order was justified to prevent further...

Citation
[2024] EWFC 1 (B)
Parties
Applicant: FTF; Respondent: MLM
Jurisdiction
England and Wales
Judgment Date
04 January 2024
Procedural Posture
Children Act 1989 Proceedings (private Law) / Final Hearing and Judgment
Outcome
Application for direct contact refused; indirect contact only. Section 91(14) order made.
Legal Topics
Child Arrangements, Domestic Abuse, Contact Orders, Section 91(14) Orders, Religion and Parental Responsibility
Family Law Child Arrangements Domestic Abuse Contact Orders Section 91(14) Orders Religion and Parental Responsibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

FTF

Applicant

MLM

Respondent

Procedural Posture

Children Act 1989 Proceedings (private Law) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the father should have direct or indirect contact with the children
  2. 2 Whether a section 91(14) order restricting further applications should be made
  3. 3 Whether the mother showed the children an anti-Islamic video

Ratio Decidendi

The court found that, while the father's historic domestic abuse was serious, his subsequent remediation was insufficient to mitigate ongoing risks. The evidence, including the Cafcass report, indicated that direct contact would not be safe or in the children's best interests due to the father's lack of insight, ongoing emotional harm to the mother, and the risk of further harm to the children. The court was not satisfied that the mother had shown the alleged anti-Islamic video, but found the children were at risk of emotional harm from continued parental conflict. The high threshold for refusing direct contact was met, and a section 91(14) order was justified to prevent further...

Court Disposition

Application for direct contact refused; indirect contact only. Section 91(14) order made.

Orders

  • No direct contact between father and children; indirect contact permitted via cards and photographs monthly, on birthdays, and at Eid, with oversight by the mother.
  • Section 91(14) order: father prohibited from making further applications regarding the children without leave of the court for a specified period.