M v F

M v F

Given the findings of serious domestic abuse by F, his refusal to accept those findings, and the high risk of further harm to A and M, direct contact with F is not in A’s welfare interests. Only limited indirect contact is permitted. F’s parental responsibility is restricted to prevent further abuse. A section 91(14) order is necessary and proportionate to protect A and M from further abusive applications. The orders are indefinite, subject to F completing a RESPECT accredited Domestic Abuse Perpetrator Programme and evidencing change.

Parties
Applicant: M; Respondent: F
Jurisdiction
England and Wales
Judgment Date
19 August 2024
Procedural Posture
Children Act Proceedings (private Law) / Final Hearing and Judgment
Outcome
Applications by M granted; F's applications refused.
Legal Topics
Child Arrangements, Domestic Abuse, Parental Responsibility, Section 91(14) Orders, Prohibited Steps Orders, Specific Issue Orders
Family Law Child Law Child Arrangements Domestic Abuse Parental Responsibility Section 91(14) Orders Prohibited Steps Orders Specific Issue Orders

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Parties

M

Applicant

F

Respondent

Procedural Posture

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

Legal Issues

  1. 1 What child arrangements are in A's welfare interests given findings of domestic abuse against F?
  2. 2 Should F's parental responsibility be restricted?
  3. 3 Is a section 91(14) order necessary to prevent further abusive applications?

Ratio Decidendi

Given the findings of serious domestic abuse by F, his refusal to accept those findings, and the high risk of further harm to A and M, direct contact with F is not in A’s welfare interests. Only limited indirect contact is permitted. F’s parental responsibility is restricted to prevent further abuse. A section 91(14) order is necessary and proportionate to protect A and M from further abusive applications. The orders are indefinite, subject to F completing a RESPECT accredited Domestic Abuse Perpetrator Programme and evidencing change.

Court Disposition

Applications by M granted; F's applications refused.

Orders

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