TF v DL & Ors

TF v DL & Ors

TF's persistent abusive behaviour, delusional disorder, and litigation conduct present an unmanageable risk of emotional harm to the children and DL. There are no practical arrangements or treatments TF would accept to mitigate this risk. The presumption of parental involvement is displaced. Contact is refused and a Section 91(14) order is necessary to protect the children and DL from further harm and litigation abuse.

Parties
Applicant: TF; First Respondent: DL; Second & Third Respondents: E & P (children, by their r16.4 Guardian, David Faulkner)
Jurisdiction
England and Wales
Judgment Date
07 October 2022
Procedural Posture
Child Arrangement and Domestic Abuse (family) / Final Hearing and Judgment
Outcome
Application for contact refused; Child Arrangements Order in favour of DL; Section 91(14) order granted for 5 years against TF.
Legal Topics
Child Arrangements, Contact Orders, Section 91(14) Orders, Litigation Abuse, Parental Involvement Presumption, Emotional Harm, Expert Evidence, Welfare Checklist
Family Law Child Law Domestic Abuse Child Arrangements Contact Orders Section 91(14) Orders Litigation Abuse Parental Involvement Presumption +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

TF

Applicant

DL

First Respondent

E & P (children, by their r16.4 Guardian, David Faulkner)

Second & Third Respondents

Procedural Posture

Child Arrangement and Domestic Abuse (family) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether direct or indirect contact between TF and the children is in the children's best interests
  2. 2 Whether TF's litigation conduct constitutes post-separation domestic abuse
  3. 3 Whether a Section 91(14) Children Act 1989 order should be made to restrict further applications by TF

Ratio Decidendi

TF's persistent abusive behaviour, delusional disorder, and litigation conduct present an unmanageable risk of emotional harm to the children and DL. There are no practical arrangements or treatments TF would accept to mitigate this risk. The presumption of parental involvement is displaced. Contact is refused and a Section 91(14) order is necessary to protect the children and DL from further harm and litigation abuse.

Court Disposition

Application for contact refused; Child Arrangements Order in favour of DL; Section 91(14) order granted for 5 years against TF.

Orders

  • No direct or indirect contact between TF and the children E and P.
  • Child Arrangements Order: children to live with DL.