GB (Parental Alienation: Welfare), Re
[2024] EWFC 168 (B)
A and B (No 3) (domestic abuse – no direct contact – s91(14)), Re
11 October 2023
[2023] EWFC 192 (B)
Family Court
A dad hurt his mom and kids. The kids don't want to see him. The judge said no more contact with the kids and the kids got their mom's last name. The dad can't ask the judge for more visits until the kids are sixteen.
Key Facts
- •This is the third judgment concerning siblings A (12) and B (9), following previous judgments in 2019 and 2020.
- •The father has not seen the children since the parents separated in 2016.
- •The father was found to have perpetrated serious domestic abuse against the mother, including rape and physical abuse, to which the children were exposed.
- •The mother died in 2019.
- •The children live with their special guardians, CD and DD.
- •The father has participated in multiple domestic abuse perpetrator programmes but has shown limited progress.
- •The children do not wish to have contact with their father.
- •The father applied for a child arrangements order, a change of the children's surname, and a section 91(14) order to prevent further applications.
Legal Principles
The welfare of the child is paramount.
Children Act 1989, section 1(3)
There is a statutory presumption in favour of both parents being involved in a child's life unless contrary to the child's welfare.
Children Act 1989, section 1(2B)
Any contact order must not expose the child to unmanageable risk of harm.
Family Procedure Rules 2010, Practice Direction 12J, paragraph 35
In cases of domestic abuse, the court should consider a section 91(14) order to prevent further applications.
Family Procedure Rules 2010, Practice Direction 12J, paragraph 37A.1
The court must consider the impact of applications on the child's welfare when deciding whether to make a section 91(14) order.
Children Act 1989, section 91(14); Domestic Abuse Act 2021, section 91A; Re P (Section 91(14)) (Guidelines); Re A (A Child)
A court should not make an order to change a child's surname unless it improves their welfare.
Children Act 1989, section 14C(3); Dawson v Wearmouth; Re W, Re A, Re B
Outcomes
The father's application for a child arrangements order is refused.
The father has not shown sufficient progress in addressing his abusive behaviour, and the children do not wish to see him. The risk to the children's welfare outweighs any potential benefit of contact.
The children's surname will be changed to their mother's surname.
This reflects the children's wishes and is in their best interests given their lack of relationship with their father and the history of abuse.
A section 91(14) order is made, preventing the father from making further applications to the court without permission until the children reach 16.
This is to protect the children and their carers from the stress and anxiety caused by repeated applications, which have not resulted in material changes in circumstances.