A and B (No 3) (domestic abuse – no direct contact – s91(14)), Re
[2023] EWFC 192 (B)
A & B (Indirect Contact & Protective Orders)
19 June 2024
[2024] EWFC 179 (B)
Family Court
A dad was found to have abused his partner and the court decided, after a very long case, that the children should only have indirect contact with him (emails). The children's last names were changed, and the dad was given strict orders not to contact the mom or children except as allowed by the court for a long time. The court also made it harder for him to bring more legal cases in the future.
Key Facts
- •Private law proceedings concerning a 6-year-old girl (A) and a 4-year-old boy (B).
- •Proceedings lasted over 3 years.
- •Prior findings of fact established domestically abusive behavior by the father.
- •Father rejected findings and did not appeal.
- •CAFCASS recommended indirect contact only.
- •Mother agreed with CAFCASS recommendation.
- •Father disagreed with CAFCASS recommendation and sought direct contact.
- •Applications included child arrangements, change of children's surnames, non-molestation order, and restriction on further applications (s.91(14) Children Act 1989).
Legal Principles
Child's welfare is paramount.
Section 1(3) Children Act 1989
Involvement of both parents furthers child welfare unless contrary shown.
Section 2A Children Act 1989; D v E [2021] EWFC 37
Court must consider and balance Article 8 rights.
None explicitly cited, but implied throughout
Domestic abuse is a substantive issue; court must consider its impact on child and parent.
Practice Direction 12J
Change of name applications consider child's welfare and various factors.
Re B and C (Change of Names) [2017] EWHC 3250 (Fam); Dawson v Wearmouth [1999] UKHL 18
Section 91(14) Children Act 1989 allows court to restrict further applications.
Section 91(14) Children Act 1989; Re P [1999] 2 FLR 573; Re A [2022] 1 FLR 1019; Practice Direction 12Q
Outcomes
Indirect contact only between father and children (4 times a year via email).
Father's history of domestic abuse, lack of insight, and risk to mother and children.
Children's surnames changed to mother's surname.
Father's abusive behavior and its impact on mother and children.
Non-molestation order against father for 8 years.
Father's history of domestic abuse, including physical harm, stalking, and breaches of previous orders.
Section 91(14) order restricting further applications for 5 years.
Lengthy proceedings, father's disregard for court orders, and risk of continued abusive behavior.
Prohibited steps order continued.
To prevent father from removing children from mother's care.