X (A Child : child arrangements order) [2020] EWFC 49 (16 July 2020)

X (A Child : child arrangements order) [2020] EWFC 49 (16 July 2020)

The court refused W's application for direct contact because X's welfare, stability, and emotional needs are best served by maintaining her current arrangements, with information about her background being provided in an age-appropriate way by Y. The risks of destabilising X and impeding Y's recovery outweigh any benefit of direct contact. A section 91(14) order is justified to prevent further disruptive applications until X is settled in her new school.

Citation
[2020] EWFC 49
Parties
Applicant: W; 1st Respondent: Y; 2nd Respondent: Z
Jurisdiction
England and Wales
Judgment Date
16 July 2020
Procedural Posture
Family Law Child Arrangements Order Application / Final Hearing and Judgment
Outcome
Application for direct contact refused; section 91(14) order granted.
Legal Topics
Child Arrangements Order, Contact With Biological Parent, Section 91(14) Children Act 1989, Welfare of the Child, Artificial Insemination, Parental Responsibility
Family Law Child Arrangements Order Contact With Biological Parent Section 91(14) Children Act 1989 Welfare of the Child Artificial Insemination Parental Responsibility

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Parties

W

Applicant

Y

1st Respondent

Z

2nd Respondent

Procedural Posture

Family Law Child Arrangements Order Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether it is in the child's best interests to have direct contact with the biological father (W)
  2. 2 Whether a section 91(14) order should be made to restrict further applications by W

Ratio Decidendi

The court refused W's application for direct contact because X's welfare, stability, and emotional needs are best served by maintaining her current arrangements, with information about her background being provided in an age-appropriate way by Y. The risks of destabilising X and impeding Y's recovery outweigh any benefit of direct contact. A section 91(14) order is justified to prevent further disruptive applications until X is settled in her new school.

Court Disposition

Application for direct contact refused; section 91(14) order granted.

Orders

  • W's application for a child arrangements order to spend time with X is refused.
  • Annual indirect contact (exchange of information and photographs) to continue.