M v F [2024] EWFC 234 (B) (16 August 2024)

M v F [2024] EWFC 234 (B) (16 August 2024)

Given the serious and sustained domestic abuse perpetrated by F against M and A, F's refusal to accept the findings or engage in change, and the risk of further harm, A's welfare requires that she live with M, have no direct contact with F, and only limited indirect contact. F's parental responsibility must be restricted to prevent further abuse, and a section 91(14) order is necessary to protect M and A from further abusive litigation. Supervised contact would not mitigate the risk to an acceptable level.

Citation
[2024] EWFC 234 (B)
Parties
Applicant: M; First Respondent: F
Jurisdiction
England and Wales
Judgment Date
16 August 2024
Procedural Posture
Children Act 1989 Proceedings (private Law) / Final Hearing Following Fact Finding
Outcome
Applications granted in full for M; all orders as sought by M and recommended by CAFCASS made.
Legal Topics
Child Arrangements Order, Domestic Abuse, Section 91(14) Orders, Prohibited Steps Order, Specific Issue Order, Parental Responsibility, Indirect Contact, Welfare Checklist
Family Law Child Law Child Arrangements Order Domestic Abuse Section 91(14) Orders Prohibited Steps Order Specific Issue Order Parental Responsibility +2 more

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Parties

M

Applicant

F

First Respondent

Procedural Posture

Children Act 1989 Proceedings (private Law) / Final Hearing Following Fact Finding

Legal Issues

  1. 1 What child arrangements are in A's welfare interests given findings of domestic abuse against F?
  2. 2 Whether to restrict F's parental responsibility and contact with A?
  3. 3 Whether to make a section 91(14) order to prevent further applications by F?

Ratio Decidendi

Given the serious and sustained domestic abuse perpetrated by F against M and A, F's refusal to accept the findings or engage in change, and the risk of further harm, A's welfare requires that she live with M, have no direct contact with F, and only limited indirect contact. F's parental responsibility must be restricted to prevent further abuse, and a section 91(14) order is necessary to protect M and A from further abusive litigation. Supervised contact would not mitigate the risk to an acceptable level.

Court Disposition

Applications granted in full for M; all orders as sought by M and recommended by CAFCASS made.

Orders

  • Child Arrangements Order: A to live with M.
  • Child Arrangements Order: No direct contact between A and F; F permitted indirect contact (letters, emails, cards, photos, presents) up to 3 times per year via M or a dedicated email address.