S v S (No2)(Art 21 Welfare)

S v S (No2)(Art 21 Welfare)

The court found that the children suffered emotional and physical harm from the father's abusive conduct, that the father lacks insight and poses ongoing risk, and that the children's welfare requires a final lives with order in favour of the mother, no contact with the father, restrictions on the father's parental responsibility, and a section 91(14) order for five years.

Parties
Applicant: TS; First Respondent: AS; Second Respondent: MS; Third Respondent: LS; Fourth Respondent: HS
Jurisdiction
England and Wales
Judgment Date
26 March 2026
Procedural Posture
Children Act Proceedings / Final Judgment
Outcome
Final lives with order in favour of the mother; no contact between children and father; restrictions on father's parental responsibility; section 91(14) order for five years.
Legal Topics
Child Arrangements, Parental Responsibility, Domestic Abuse, Section 91(14) Orders, Hague Convention, Asylum and Refugee Status
Family Law Child Welfare International Child Abduction Child Arrangements Parental Responsibility Domestic Abuse Section 91(14) Orders Hague Convention +1 more

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Parties

TS

Applicant

AS

First Respondent

MS

Second Respondent

LS

Third Respondent

HS

Fourth Respondent

Procedural Posture

Children Act Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the children should live with their mother
  2. 2 Whether there should be contact between the children and their father
  3. 3 Whether the father's parental responsibility should be restricted

Ratio Decidendi

The court found that the children suffered emotional and physical harm from the father's abusive conduct, that the father lacks insight and poses ongoing risk, and that the children's welfare requires a final lives with order in favour of the mother, no contact with the father, restrictions on the father's parental responsibility, and a section 91(14) order for five years.

Court Disposition

Final lives with order in favour of the mother; no contact between children and father; restrictions on father's parental responsibility; section 91(14) order for five years.

Orders

  • Final lives with order in favour of the mother
  • No contact, direct or indirect, between the children and their father