X (father) v Y (mother)

X (father) v Y (mother)

Direct or video contact between A and father is not in A's best interests due to father's lack of insight into abusive behaviour, mother's genuine distress, and absence of professional support; indirect contact by letter/gift six times a year is ordered. Change of surname is refused as not justified or proportionate. Prohibited steps orders are made limiting father's attendance at school and contact with GP. Section 91(14) barring order is imposed against both parents for 24 months to provide respite from litigation. Non-molestation injunction extension is refused. No order for costs is made as neither party's conduct meets threshold for costs.

Parties
Applicant: X; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
21 March 2025
Procedural Posture
Children Act and Family Law Act Proceedings / Final Judgment
Outcome
Indirect contact by letter/gift six times a year; prohibited steps orders; section 91(14) barring order for 24 months; change of surname refused; non-molestation injunction extension refused; no order for costs.
Legal Topics
Child Arrangements, Parental Responsibility, Non Molestation Injunction, Change of Surname, Section 91(14) Barring Order, Costs
Family Law Child Welfare Domestic Abuse Child Arrangements Parental Responsibility Non Molestation Injunction Change of Surname Section 91(14) Barring Order +1 more

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Parties

X

Applicant

Y

Respondent

Procedural Posture

Children Act and Family Law Act Proceedings / Final Judgment

Legal Issues

  1. 1 Appropriate child arrangements for A
  2. 2 Section 91(14) barring order
  3. 3 Change of surname application

Ratio Decidendi

Direct or video contact between A and father is not in A's best interests due to father's lack of insight into abusive behaviour, mother's genuine distress, and absence of professional support; indirect contact by letter/gift six times a year is ordered. Change of surname is refused as not justified or proportionate. Prohibited steps orders are made limiting father's attendance at school and contact with GP. Section 91(14) barring order is imposed against both parents for 24 months to provide respite from litigation. Non-molestation injunction extension is refused. No order for costs is made as neither party's conduct meets threshold for costs.

Court Disposition

Indirect contact by letter/gift six times a year; prohibited steps orders; section 91(14) barring order for 24 months; change of surname refused; non-molestation injunction extension refused; no order for costs.

Orders

  • A to have indirect contact with father by letter and/or small gift six times a year.
  • Father may enclose a photograph once per year; mother to send photograph of A twice a year and list of interests once a year.