S v S (No. 2)(Art 21 Welfare) [2026] EWHC 434 (Fam) (03 March 2026)

S v S (No. 2)(Art 21 Welfare) [2026] EWHC 434 (Fam) (03 March 2026)

Given the established findings of serious domestic abuse, sexual abuse, coercive and controlling behaviour by the father towards the mother and children, the father's lack of insight or remorse, the children's clear and consistent wishes to have no contact, and the risk of further emotional and physical harm, it is in the children's best interests to make a final 'lives with' order in favour of the mother, prohibit all contact with the father, restrict the father's parental responsibility through specific issue and prohibited steps orders, and impose a s.91(14) order for five years to prevent further harmful litigation.

Citation
[2026] EWHC 434 (Fam)
Parties
Applicant: TS; First Respondent: AS; Second Respondent (child): MS; Third Respondent (child): LS; Fourth Respondent (child): HS
Jurisdiction
England and Wales
Judgment Date
03 March 2026
Procedural Posture
Children Act 1989 Proceedings (child Arrangements, Prohibited Steps, Specific Issue, S.91(14)) / Final Hearing and Judgment
Outcome
Final 'lives with' order in favour of the mother; no contact (direct or indirect) between the children and their father; specific issue and prohibited steps orders restricting the father's parental responsibility; s.91(14) order imposed for five years against the father.
Legal Topics
Child Arrangements Orders, Prohibited Steps Orders, Specific Issue Orders, Section 91(14) Orders, Domestic Abuse, Parental Responsibility, Welfare of the Child, International Child Abduction, Jurisdiction
Family Law Child Law International Law Child Arrangements Orders Prohibited Steps Orders Specific Issue Orders Section 91(14) Orders Domestic Abuse +4 more

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Parties

TS

Applicant

AS

First Respondent

MS

Second Respondent (child)

LS

Third Respondent (child)

HS

Fourth Respondent (child)

Procedural Posture

Children Act 1989 Proceedings (child Arrangements, Prohibited Steps, Specific Issue, S.91(14)) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether a final 'lives with' order should be made in favour of the mother
  2. 2 Whether there should be any contact (direct or indirect) between the children and their father
  3. 3 Whether specific issue and prohibited steps orders should restrict the father's parental responsibility

Ratio Decidendi

Given the established findings of serious domestic abuse, sexual abuse, coercive and controlling behaviour by the father towards the mother and children, the father's lack of insight or remorse, the children's clear and consistent wishes to have no contact, and the risk of further emotional and physical harm, it is in the children's best interests to make a final 'lives with' order in favour of the mother, prohibit all contact with the father, restrict the father's parental responsibility through specific issue and prohibited steps orders, and impose a s.91(14) order for five years to prevent further harmful litigation.

Court Disposition

Final 'lives with' order in favour of the mother; no contact (direct or indirect) between the children and their father; specific issue and prohibited steps orders restricting the father's parental responsibility; s.91(14) order imposed for five years against the father.

Orders

  • Final 'lives with' order in favour of the mother under s.8 Children Act 1989
  • Order for no contact, direct or indirect, between the children and their father