Daniel (Contact, enforcement, s91(14) orders), Re

Daniel (Contact, enforcement, s91(14) orders), Re

The court found the father posed ongoing emotional and safeguarding risks to the child due to his lack of insight, prioritisation of his own needs, disguised compliance, and minimisation of risks posed by his partner. The mother acted reasonably in suspending contact on social services advice. The child's wishes to avoid contact were genuinely held. No enforcement order was made as the mother had reasonable excuse. The court ordered the child to live with the mother, monthly indirect contact only, continuation of prohibited steps orders, and imposed a section 91(14) bar on further applications until the child's 16th birthday unless with permission.

Parties
Applicant: Mr P; Respondent: Ms T
Jurisdiction
England and Wales
Judgment Date
16 February 2023
Procedural Posture
Family / Final Judgment
Outcome
Application to enforce dismissed; child arrangements and prohibited steps orders made; section 91(14) order granted.
Legal Topics
Child Arrangements, Contact Enforcement, Prohibited Steps Order, Section 91(14) Orders, Domestic Abuse, Welfare of the Child
Family Law Child Arrangements Contact Enforcement Prohibited Steps Order Section 91(14) Orders Domestic Abuse Welfare of the Child

Case Brief

Summary, issues, holding and outcome

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Parties

Mr P

Applicant

Ms T

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether to enforce or vary the existing child arrangements order
  2. 2 Whether to restrict the father's contact to indirect only
  3. 3 Whether to impose a section 91(14) bar on further applications

Ratio Decidendi

The court found the father posed ongoing emotional and safeguarding risks to the child due to his lack of insight, prioritisation of his own needs, disguised compliance, and minimisation of risks posed by his partner. The mother acted reasonably in suspending contact on social services advice. The child's wishes to avoid contact were genuinely held. No enforcement order was made as the mother had reasonable excuse. The court ordered the child to live with the mother, monthly indirect contact only, continuation of prohibited steps orders, and imposed a section 91(14) bar on further applications until the child's 16th birthday unless with permission.

Court Disposition

Application to enforce dismissed; child arrangements and prohibited steps orders made; section 91(14) order granted.

Orders

  • Previous child arrangements orders discharged.
  • Child to live with mother.