Re C (A Child) (No contact)
Given the father's history of coercive and controlling behaviour, violence, ongoing risk, and continued abusive conduct during proceedings, direct or indirect contact would cause emotional harm to the child and mother. The child's welfare requires no contact and restriction of father's parental responsibility. Section 91(14) order is necessary and proportionate to prevent further harm and litigation abuse.
- Parties
- Applicant: T; Respondent: Z
- Jurisdiction
- England and Wales
- Judgment Date
- 16 December 2024
- Procedural Posture
- Child Arrangements Order / Final Hearing
- Outcome
- Application for contact dismissed; child to live with mother; no direct or indirect contact between father and child; father's exercise of parental responsibility restricted; section 91(14) order granted until child is 18.
- Legal Topics
- Child Arrangements, Parental Responsibility, Domestic Abuse, Restraining Orders, Section 91(14) Children Act 1989
Case Brief
Summary, issues, holding and outcome
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Parties
T
Applicant
Z
Respondent
Procedural Posture
Child Arrangements Order / Final Hearing
Legal Issues
- 1 Whether direct or indirect contact between father and child is in child's best interests
- 2 Whether father's exercise of parental responsibility should be restricted
- 3 Whether a section 91(14) order is necessary to prevent further harm
Ratio Decidendi
Given the father's history of coercive and controlling behaviour, violence, ongoing risk, and continued abusive conduct during proceedings, direct or indirect contact would cause emotional harm to the child and mother. The child's welfare requires no contact and restriction of father's parental responsibility. Section 91(14) order is necessary and proportionate to prevent further harm and litigation abuse.
Court Disposition
Application for contact dismissed; child to live with mother; no direct or indirect contact between father and child; father's exercise of parental responsibility restricted; section 91(14) order granted until child is 18.
Orders
- Child to live with mother (Z).
- No direct or indirect contact between father (T) and child (C).
Full Case Text
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