P v D & Ors

P v D & Ors

The court found, on the balance of probabilities, that the father perpetrated repeated and extreme violence, including sexual assaults, against the mother and physical and emotional abuse against X and Y, and that he relentlessly sought to track and contact the family. The risk of further harm to Z and the family is ongoing and substantial. The welfare of Z and the safety of the family require the highest level of protection, including a complete prohibition on the father's contact with Z and the exercise of parental responsibility, and the imposition of wide-ranging injunctions to prevent any form of contact, harassment, or tracking by the father or others acting on his behalf.

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 / Final Judgment After Contested Hearing
Outcome
All findings of abuse and risk made against the father; all orders sought by the mother, X, and Y granted.
Legal Topics
Non Molestation Orders, Prohibited Steps Orders, Parental Responsibility, Child Arrangements, Injunctions, Wardship, Contact Orders, Domestic Violence, Emotional Harm, Children's Welfare
Family Law Child Protection Domestic Violence Non Molestation Orders Prohibited Steps Orders Parental Responsibility Child Arrangements Injunctions +4 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 / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the father perpetrated violence and abuse against the mother and children
  2. 2 Whether the mother and children require ongoing protection from the father
  3. 3 Whether the father should be permitted to exercise parental responsibility for Z

Ratio Decidendi

The court found, on the balance of probabilities, that the father perpetrated repeated and extreme violence, including sexual assaults, against the mother and physical and emotional abuse against X and Y, and that he relentlessly sought to track and contact the family. The risk of further harm to Z and the family is ongoing and substantial. The welfare of Z and the safety of the family require the highest level of protection, including a complete prohibition on the father's contact with Z and the exercise of parental responsibility, and the imposition of wide-ranging injunctions to prevent any form of contact, harassment, or tracking by the father or others acting on his behalf.

Court Disposition

All findings of abuse and risk made against the father; all orders sought by the mother, X, and Y granted.

Orders

  • Z to reside with the mother; discharge of wardship.
  • No contact (direct or indirect) between the father and Z until Z is 18 or further order.