JE v TS (No.2: Welfare Determinations)

JE v TS (No.2: Welfare Determinations)

Exceptional circumstances arising from grave findings of domestic abuse, enduring harm to mother, risk to child, and father’s refusal to accept responsibility justify refusal of all contact, change of surname to mother’s, restriction (not revocation) of parental responsibility, and a s.91(14) order for three years to protect mother and child’s welfare.

Parties
Applicant: JE; Respondent: TS
Jurisdiction
England and Wales
Judgment Date
07 March 2025
Procedural Posture
Private Law Application for Contact (family Court) / Final Welfare Hearing
Outcome
Application for contact refused; mother’s applications granted in part.
Legal Topics
Child Arrangements Order, Domestic Abuse, Change of Surname, Parental Responsibility, Section 91(14) Orders
Family Law Child Law Child Arrangements Order Domestic Abuse Change of Surname Parental Responsibility Section 91(14) Orders

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Parties

JE

Applicant

TS

Respondent

Procedural Posture

Private Law Application for Contact (family Court) / Final Welfare Hearing

Legal Issues

  1. 1 Whether contact between father and child should be permitted
  2. 2 Whether the child’s surname should be changed
  3. 3 Whether an order should be made revoking the father’s parental responsibility

Ratio Decidendi

Exceptional circumstances arising from grave findings of domestic abuse, enduring harm to mother, risk to child, and father’s refusal to accept responsibility justify refusal of all contact, change of surname to mother’s, restriction (not revocation) of parental responsibility, and a s.91(14) order for three years to protect mother and child’s welfare.

Court Disposition

Application for contact refused; mother’s applications granted in part.

Orders

  • Child arrangements order: K lives with mother, no contact with father.
  • Section 91(14) order: father prevented from making further applications without leave until 25 June 2028.