P (a child) (dismissal of application – abusive applicant), Re
[2023] EWFC 86 (B)
Daniel (Contact, enforcement, s91(14) orders), Re
16 February 2023
[2023] EWFC 20 (B)
Family Court
Dad's actions scared his son and made him unsafe, so the judge said Dad can only send letters for now, not see his son, to keep the boy safe. Dad needs to change his behaviour before he can see his son again.
Key Facts
- •Daniel (11) lives with his mother, Ms T, at his maternal grandparents' home.
- •Father, Mr P, applied to enforce a child arrangements order and mother applied to vary it.
- •Concerns arose from safeguarding issues involving father's partner, Ms K, including police callouts due to domestic incidents.
- •Social services recommended no contact between Daniel and Ms K, a safety plan was implemented but breached by the father.
- •Mother suspended contact on social services' advice following breaches of the safety plan.
- •Father's behavior included excessive messaging, intimidating presence near school, and negative comments about mother.
- •Cafcass recommended indirect contact only due to father's lack of insight, risk posed by Ms K, and harmful behavior towards mother and child.
- •Father's health (serious medical condition) was raised but not considered determinative.
Legal Principles
Witness credibility assessment.
R v Lucas [1981] QB 720, Re CK (A Child: Fact-Finding) [2022] EWCA Civ 952
Burden of proof and standard of proof.
Balancing Article 6 (fair trial) and Article 8 (family life) rights.
ECHR
Child's welfare paramount; contact should be terminated only in exceptional circumstances.
Re J-M (A Child) [2015] 1 FLR 838, CA
Presumption of parental involvement unless risk of harm.
Children Act 1989, s1(2A)
Domestic abuse as harm; child exposed to domestic abuse is a victim.
Domestic Abuse Act 2021, Children Act 1989, s31(9)
Enforcement of child arrangements orders; reasonable excuse defence.
Children Act 1989, s11
Consideration of domestic abuse and s91(14) orders.
Practice Direction 12J, Practice Direction 12Q, Children Act 1989, s91(14), s91A
Outcomes
Discharged previous child arrangements orders.
Father's lack of insight, failure to protect Daniel, harmful behavior, and Daniel's fear.
Ordered Daniel to live with mother; monthly indirect contact via letter/card (mother's discretion).
Prioritizes Daniel's safety and well-being; addresses father's lack of trustworthiness.
Prohibited steps order: Father cannot attend Daniel's school without prior written appointment; cannot loiter within 100 metres.
Protects Daniel from intimidation and distress caused by father's presence near school.
Prohibited steps order: Father cannot bring Daniel into contact with Ms K without mother's written agreement.
Safeguards against future contact with Ms K and further harm to Daniel.
Dismissed father's enforcement application.
Mother acted with reasonable excuse (on advice from social services).
s91(14) order: Father prohibited from making further applications without leave until Daniel's 16th birthday.
Protects child and mother from further harm and potential abuse of process.