X v Y

X v Y

The overwhelming evidence, including the father's conviction for coercive and controlling behaviour, professional assessments, and lack of attachment between the father and children, demonstrates that any contact would cause significant emotional harm to the children and risk to the mother. Removal of parental...

Source-derived case information.

Parties
Applicant: Ms X; Respondent: Mr Y
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Private Law Family Proceedings / Final Judgment
Outcome
Application granted in part; parental responsibility removed; no contact ordered; s.91(14) order made for five years; surname change refused.
Legal Topics
Child Arrangements, Parental Responsibility, Non Molestation Orders, Prohibited Steps Orders, Section 91(14) Orders
Family Law Child Arrangements Parental Responsibility Non Molestation Orders Prohibited Steps Orders Section 91(14) Orders

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Summary, issues, holding and outcome

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Parties

Ms X

Applicant

Mr Y

Respondent

Procedural Posture

Private Law Family Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the father should have contact with the children
  2. 2 Whether the father's parental responsibility should be removed
  3. 3 Whether the mother's application to change the children's surname should be granted

Ratio Decidendi

The overwhelming evidence, including the father's conviction for coercive and controlling behaviour, professional assessments, and lack of attachment between the father and children, demonstrates that any contact would cause significant emotional harm to the children and risk to the mother. Removal of parental responsibility is justified and proportionate, and a s.91(14) order for five years is appropriate to protect the family from further distress.

Court Disposition

Application granted in part; parental responsibility removed; no contact ordered; s.91(14) order made for five years; surname change refused.

Orders

  • Children to live with the mother
  • No contact between father and children, direct or indirect, except for life story work as recommended by Cafcass