M v F [2024] EWFC 237 (B) (15 August 2024)

M v F [2024] EWFC 237 (B) (15 August 2024)

Given the findings of serious, sustained domestic abuse by F, his lack of insight or acceptance, and ongoing risk of coercive and controlling behaviour, A's welfare requires that he live with M, have only professionally supervised contact with F until F completes a Domestic Abuse Perpetrator Programme and risk assessment, and that M be permitted to change A's surname and apply for an EU passport. Prohibited Steps, section 91(14), and non-molestation orders are necessary and proportionate to protect A and M.

Citation
[2024] EWFC 237 (B)
Parties
Applicant: M; First Respondent: F
Jurisdiction
England and Wales
Judgment Date
15 August 2024
Procedural Posture
Children Act 1989 Proceedings (private Law) / Final Hearing After Fact Finding
Outcome
Orders granted as sought by M, with modifications as set out in the judgment.
Legal Topics
Child Arrangements Order, Domestic Abuse, Prohibited Steps Order, Specific Issues Order, Non Molestation Order, Section 91(14) Order, Parental Responsibility, Child Welfare, Surname Change, Passport Application
Family Law Child Law Child Arrangements Order Domestic Abuse Prohibited Steps Order Specific Issues Order Non Molestation Order Section 91(14) Order +4 more

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Parties

M

Applicant

F

First Respondent

Procedural Posture

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

Legal Issues

  1. 1 What child arrangements order is in A's welfare interests given findings of domestic abuse against F?
  2. 2 Should contact between A and F be supervised?
  3. 3 Should M be permitted to change A's surname and apply for an EU passport for A?

Ratio Decidendi

Given the findings of serious, sustained domestic abuse by F, his lack of insight or acceptance, and ongoing risk of coercive and controlling behaviour, A's welfare requires that he live with M, have only professionally supervised contact with F until F completes a Domestic Abuse Perpetrator Programme and risk assessment, and that M be permitted to change A's surname and apply for an EU passport. Prohibited Steps, section 91(14), and non-molestation orders are necessary and proportionate to protect A and M.

Court Disposition

Orders granted as sought by M, with modifications as set out in the judgment.

Orders

  • Child Arrangements Order: A to live with M.
  • Child Arrangements Order: A to spend professionally supervised time with F on alternate Saturdays until F completes a Domestic Abuse Perpetrator Programme and risk assessment.