The Father v The Mother & Ors

The Father v The Mother & Ors

There is no realistic prospect that reopening the 2021 fact finding judgment or permitting further applications would result in a different outcome regarding contact, given the children's clear and consistent wishes, the absence of evidence of alienation or Guardian bias, and the father's ongoing lack of insight and dysregulated behaviour. The ASD diagnosis does not materially alter the welfare analysis. A further s.91(14) order is justified to protect the children and mother from further litigation. The father's litigation conduct warrants a costs order.

Parties
Applicant: The Father; First Respondent: The Mother; Second, Third and Fourth Respondents: The Children (through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
08 November 2025
Procedural Posture
Family / Judgment After Hearing of Applications to Reopen Fact Finding, for Child Arrangements, Removal of Guardian, and Extension of S.91(14) Order
Outcome
All applications by the father refused; mother's applications granted.
Legal Topics
Child Arrangements Order, Reopening Fact Finding, Section 91(14) Orders, Costs in Family Proceedings, Autism Spectrum Disorder and Litigation, Children's Welfare
Family Law Child Arrangements Order Reopening Fact Finding Section 91(14) Orders Costs in Family Proceedings Autism Spectrum Disorder and Litigation Children's Welfare

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Parties

The Father

Applicant

The Mother

First Respondent

The Children (through their Children’s Guardian)

Second, Third and Fourth Respondents

Procedural Posture

Family / Judgment After Hearing of Applications to Reopen Fact Finding, for Child Arrangements, Removal of Guardian, and Extension of S.91(14) Order

Legal Issues

  1. 1 Whether the 2021 fact finding judgment should be reopened due to the father's ASD diagnosis
  2. 2 Whether permission should be granted for a further Child Arrangements Order application
  3. 3 Whether Cafcass should be removed and an Independent Social Worker appointed

Ratio Decidendi

There is no realistic prospect that reopening the 2021 fact finding judgment or permitting further applications would result in a different outcome regarding contact, given the children's clear and consistent wishes, the absence of evidence of alienation or Guardian bias, and the father's ongoing lack of insight and dysregulated behaviour. The ASD diagnosis does not materially alter the welfare analysis. A further s.91(14) order is justified to protect the children and mother from further litigation. The father's litigation conduct warrants a costs order.

Court Disposition

All applications by the father refused; mother's applications granted.

Orders

  • Application to reopen 2021 fact finding judgment refused
  • Permission to make further Child Arrangements Order application refused