P v D & Ors [2014] EWHC 2355 (Fam) (24 July 2014)

P v D & Ors [2014] EWHC 2355 (Fam) (24 July 2014)

The court accepted the criminal convictions as conclusive evidence of the father's violent and sexual abuse against the mother. The court found the additional allegations of violence and controlling behaviour towards the children proved on the balance of probabilities, based on the consistent and credible evidence of the mother, X, and Y. The court determined that the father poses an ongoing risk to the family and that the welfare of Z requires the making of protective orders, including injunctions, restriction of contact, and limitation of the father's parental responsibility.

Citation
[2014] EWHC 2355 (Fam)
Parties
Applicant: P; First Respondent: D; Second Respondent: X; Third Respondent: Y; Fourth Respondent (child, by Guardian): Z
Jurisdiction
England and Wales
Judgment Date
24 July 2014
Procedural Posture
Family Proceedings Under the Children Act 1989, Family Law Act 1986, and Senior Courts Act 1981 / Final Hearing and Judgment After Contested Fact Finding
Outcome
Orders granted as sought by the applicant and children; protective injunctions, residence order for Z with mother, no contact with father, restriction of father's parental responsibility, and discharge of wardship.
Legal Topics
Non Molestation Orders, Prohibited Steps Orders, Residence Orders, Parental Responsibility, Wardship, Contact With Children, Evidence From Criminal Convictions, Fact Finding in Family Proceedings
Family Law Child Protection Domestic Violence Non Molestation Orders Prohibited Steps Orders Residence Orders Parental Responsibility Wardship +3 more

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Parties

P

Applicant

D

First Respondent

X

Second Respondent

Y

Third Respondent

Z

Fourth Respondent (child, by Guardian)

Procedural Posture

Family Proceedings Under the Children Act 1989, Family Law Act 1986, and Senior Courts Act 1981 / Final Hearing and Judgment After Contested Fact Finding

Legal Issues

  1. 1 Whether the father perpetrated violence and abuse against the mother and children
  2. 2 Whether the father should be restrained from contact and exercising parental responsibility
  3. 3 Whether the mother and children require ongoing protection from the father

Ratio Decidendi

The court accepted the criminal convictions as conclusive evidence of the father's violent and sexual abuse against the mother. The court found the additional allegations of violence and controlling behaviour towards the children proved on the balance of probabilities, based on the consistent and credible evidence of the mother, X, and Y. The court determined that the father poses an ongoing risk to the family and that the welfare of Z requires the making of protective orders, including injunctions, restriction of contact, and limitation of the father's parental responsibility.

Court Disposition

Orders granted as sought by the applicant and children; protective injunctions, residence order for Z with mother, no contact with father, restriction of father's parental responsibility, and discharge of wardship.

Orders

  • Injunctions restraining the father from contacting, locating, or communicating with the mother, X, Y, and Z, or encouraging others to do so.
  • Prohibition on the father accessing information about or from the family via third parties, educational, medical, or other institutions.