HM v HF

HM v HF

The risk of emotional and mental harm to the children from the Respondent, due to his dysregulated mental health, substance misuse, and fixation on unsubstantiated abuse allegations, outweighs the benefit of direct contact. The children should live with the Applicant and only have indirect contact with the Respondent until he demonstrates sustained stability and engagement with mental health treatment.

Parties
Applicant: HM; Respondent: HF
Jurisdiction
England and Wales
Judgment Date
04 August 2025
Procedural Posture
Child Arrangements and Prohibited Steps Order / Final Hearing
Outcome
Children to live with Applicant; indirect contact only with Respondent; extension of non-molestation and prohibited steps orders.
Legal Topics
Child Arrangements, Prohibited Steps Order, Non Molestation Order, Mental Health and Parenting, Indirect Contact, Welfare Checklist
Family Law Child Arrangements Prohibited Steps Order Non Molestation Order Mental Health and Parenting Indirect Contact Welfare Checklist

Case Brief

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Parties

HM

Applicant

HF

Respondent

Procedural Posture

Child Arrangements and Prohibited Steps Order / Final Hearing

Legal Issues

  1. 1 Whether the children should live with the Applicant or Respondent
  2. 2 Whether direct contact with the Respondent is in the children's best interests
  3. 3 Whether the Respondent poses a risk of harm to the children

Ratio Decidendi

The risk of emotional and mental harm to the children from the Respondent, due to his dysregulated mental health, substance misuse, and fixation on unsubstantiated abuse allegations, outweighs the benefit of direct contact. The children should live with the Applicant and only have indirect contact with the Respondent until he demonstrates sustained stability and engagement with mental health treatment.

Court Disposition

Children to live with Applicant; indirect contact only with Respondent; extension of non-molestation and prohibited steps orders.

Orders

  • Children to live with Applicant (child arrangements order)
  • Respondent to have indirect contact only via letters/cards monthly, plus Christmas and birthdays, facilitated by grandparents