K, Re

K, Re

Direct contact is not in the child's best interests due to the risks to the mother's mental health and the potential for emotional harm to the child. The father is granted unfettered parental responsibility, a declaration of parentage, and indirect contact, including photographs and information, as these measures best promote the child's welfare and identity needs. The non-molestation order is discharged as there is no ongoing risk from the father, but undertakings are required.

Parties
Applicant: The Father; 1st Respondent: The Mother; 2nd Respondent: K (via her Guardian); Interested Party: The Local Authority
Jurisdiction
England and Wales
Judgment Date
19 May 2025
Procedural Posture
Family / Judgment After Welfare Hearing Following Fact Finding
Outcome
Application granted in part; indirect contact, parental responsibility, and declaration of parentage ordered; direct contact refused; non-molestation order discharged; prohibited steps orders made.
Legal Topics
Parental Responsibility, Child Arrangements, Indirect Contact, Prohibited Steps Order, Non Molestation Order, Declaration of Parentage, Family Assistance Order
Family Law Child Law Parental Responsibility Child Arrangements Indirect Contact Prohibited Steps Order Non Molestation Order Declaration of Parentage +1 more

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Parties

The Father

Applicant

The Mother

1st Respondent

K (via her Guardian)

2nd Respondent

The Local Authority

Interested Party

Procedural Posture

Family / Judgment After Welfare Hearing Following Fact Finding

Legal Issues

  1. 1 Whether the father should have parental responsibility and a declaration of parentage
  2. 2 Whether the father should have direct or indirect contact with the child
  3. 3 Whether the mother’s parental responsibility should be fettered

Ratio Decidendi

Direct contact is not in the child's best interests due to the risks to the mother's mental health and the potential for emotional harm to the child. The father is granted unfettered parental responsibility, a declaration of parentage, and indirect contact, including photographs and information, as these measures best promote the child's welfare and identity needs. The non-molestation order is discharged as there is no ongoing risk from the father, but undertakings are required.

Court Disposition

Application granted in part; indirect contact, parental responsibility, and declaration of parentage ordered; direct contact refused; non-molestation order discharged; prohibited steps orders made.

Orders

  • Child arrangements order: K to live with mother
  • Family Assistance Order to local authority for 12 months