S and T (Children: Domestic Abuse)

S and T (Children: Domestic Abuse)

Contact between F and the children must be professionally supervised due to findings of coercive and controlling behaviour, lack of insight by F, and risk of emotional harm. Both cross applications for non-molestation orders are dismissed as meritless. A s.91(14) restriction is imposed to prevent further applications for child arrangements orders without leave until 31 December 2026, providing respite and encouraging therapeutic intervention.

Parties
Applicant: M; Respondent: F
Jurisdiction
England and Wales
Judgment Date
10 February 2025
Procedural Posture
Private Law Children Proceedings / Final Hearing
Outcome
Child arrangements order for professionally supervised contact; dismissal of cross applications for non-molestation orders; s.91(14) restriction imposed.
Legal Topics
Child Arrangements Order, Domestic Abuse, Non Molestation Order, Supervised Contact, Section 91(14) Children Act 1989, Coercive Control, Parental Responsibility
Family Law Child Law Child Arrangements Order Domestic Abuse Non Molestation Order Supervised Contact Section 91(14) Children Act 1989 Coercive Control +1 more

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Parties

M

Applicant

F

Respondent

Procedural Posture

Private Law Children Proceedings / Final Hearing

Legal Issues

  1. 1 Whether contact between F and the children should be professionally supervised
  2. 2 Whether cross applications for non-molestation orders should be granted
  3. 3 Whether a restriction under s.91(14) Children Act 1989 should be imposed on further applications for child arrangements orders

Ratio Decidendi

Contact between F and the children must be professionally supervised due to findings of coercive and controlling behaviour, lack of insight by F, and risk of emotional harm. Both cross applications for non-molestation orders are dismissed as meritless. A s.91(14) restriction is imposed to prevent further applications for child arrangements orders without leave until 31 December 2026, providing respite and encouraging therapeutic intervention.

Court Disposition

Child arrangements order for professionally supervised contact; dismissal of cross applications for non-molestation orders; s.91(14) restriction imposed.

Orders

  • S and T to spend up to 5 hours each fortnight with F, professionally supervised in the community or at a contact centre.
  • Both cross applications for non-molestation orders are dismissed.