X and Y Children: CONTACT, PARENTAL RESPONSIBILITY AND NON-MOLESTATION ORDER) [2022] NIFam 25 (28 June 2022)

X and Y Children: CONTACT, PARENTAL RESPONSIBILITY AND NON-MOLESTATION ORDER) [2022] NIFam 25 (28 June 2022)

Direct contact is refused due to A's proven rape, physical violence, coercive control, lack of insight, and risk of harm to B and X; indirect contact is permitted only via cards; parental responsibility is denied as risk of further control and harm outweighs benefits; non-molestation order is granted to protect B's health and well-being.

Citation
[2022] NIFam 25
Parties
Father/applicant: A; Mother/respondent: B
Jurisdiction
Northern Ireland
Judgment Date
28 June 2022
Procedural Posture
Family Law Applications / Final Judgment
Outcome
Applications determined: indirect contact order granted, parental responsibility application dismissed, non-molestation order granted.
Legal Topics
Contact Orders, Parental Responsibility, Non Molestation Orders, Coercive Control, Domestic Abuse
Family Law Child Welfare Domestic Violence Contact Orders Parental Responsibility Non Molestation Orders Coercive Control Domestic Abuse

Case Brief

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Parties

A

Father/applicant

B

Mother/respondent

Procedural Posture

Family Law Applications / Final Judgment

Legal Issues

  1. 1 Whether direct or indirect contact between A and X is appropriate given findings of rape and coercive control
  2. 2 Whether A should be granted parental responsibility for X
  3. 3 Whether a non-molestation order should be made in favour of B

Ratio Decidendi

Direct contact is refused due to A's proven rape, physical violence, coercive control, lack of insight, and risk of harm to B and X; indirect contact is permitted only via cards; parental responsibility is denied as risk of further control and harm outweighs benefits; non-molestation order is granted to protect B's health and well-being.

Court Disposition

Applications determined: indirect contact order granted, parental responsibility application dismissed, non-molestation order granted.

Orders

  • Indirect contact order in favour of A in respect of X (birthday and Christmas cards only)
  • Application for parental responsibility dismissed