P v T [2023] EWFC 20 (B) (11 February 2023)

P v T [2023] EWFC 20 (B) (11 February 2023)

The court found that the father posed ongoing emotional and safeguarding risks to Daniel due to his lack of insight, minimisation of risks posed by his partner Ms K, and inappropriate, harmful behaviour towards Daniel and the mother. The mother acted reasonably in suspending contact on social services advice. Direct contact would not be safe or in Daniel's welfare; only indirect contact is appropriate. The father is prohibited from making further applications regarding Daniel without permission until Daniel's 16th birthday.

Citation
[2023] EWFC 20 (B)
Parties
Applicant: Mr P; Respondent: Ms T
Jurisdiction
England and Wales
Judgment Date
11 February 2023
Procedural Posture
Family Child Arrangements / Final Hearing and Judgment
Outcome
Application to enforce refused; application to vary granted.
Legal Topics
Child Arrangements Order, Enforcement of Orders, Variation of Orders, Domestic Abuse, Indirect Contact, Prohibited Steps Order, Section 91(14) Children Act 1989
Family Law Child Law Child Arrangements Order Enforcement of Orders Variation of Orders Domestic Abuse Indirect Contact Prohibited Steps Order +1 more

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Parties

Mr P

Applicant

Ms T

Respondent

Procedural Posture

Family Child Arrangements / Final Hearing and Judgment

Legal Issues

  1. 1 Whether to enforce or vary the existing child arrangements order
  2. 2 Whether direct contact between Daniel and his father is safe and in Daniel's welfare
  3. 3 Whether to impose restrictions on further applications by the father under s91(14) Children Act 1989

Ratio Decidendi

The court found that the father posed ongoing emotional and safeguarding risks to Daniel due to his lack of insight, minimisation of risks posed by his partner Ms K, and inappropriate, harmful behaviour towards Daniel and the mother. The mother acted reasonably in suspending contact on social services advice. Direct contact would not be safe or in Daniel's welfare; only indirect contact is appropriate. The father is prohibited from making further applications regarding Daniel without permission until Daniel's 16th birthday.

Court Disposition

Application to enforce refused; application to vary granted.

Orders

  • Daniel to live with his mother.
  • Monthly indirect contact (letters/cards/photos) with his father.