A and B (No 3) (domestic abuse – no direct contact – s91(14)), Re
[2023] EWFC 192 (B)
F v A Local Authority & Ors
13 November 2023
[2024] EWFC 13 (B)
Family Court
A dad hurt his kids' mom and scared the kids. The kids don't want to see him. The judge said the dad can't go to court to try and see them again unless he gets special permission first, until the youngest child grows up.
Key Facts
- •Proceedings concerning three children (X, Y, Z) subject to care orders.
- •Father (applicant) initially sought contact, but withdrew application after positive drug test.
- •Local Authority applied for a section 91(14) order to prevent further applications without leave until the youngest child turns 18.
- •Father had history of domestic abuse, violence, and aggression towards mother, witnessed by children.
- •Children expressed fear and did not want contact with father.
- •Previous section 91(14) order was in place for three years.
- •Father's application for X to give evidence was refused.
- •New allegations of domestic abuse against father by ex-partner but no findings made.
- •Father's recent relapse into substance misuse.
Legal Principles
Welfare of the child is the paramount consideration.
Children Act 1989, section 1(1)
Section 91(14) orders are discretionary and should be used sparingly; intrusion into right to bring proceedings.
Re P (A Child) [1999] EWCA Civ 1323; Re A (A Child) [2021] EWCA Civ 1749
Section 91(14) orders can be made even without a history of unreasonable applications if child's welfare requires it and there's a serious risk of harm without the order.
Re P (A Child) [1999] EWCA Civ 1323; Re A (A Child) [2021] EWCA Civ 1749
Orders must be necessary and proportionate, considering Article 6 and Article 8 rights.
None explicitly stated, but implied throughout the judgment.
Court can consider coercive control and 'lawfare' in deciding on a section 91(14) order.
Re A (A Child) [2021] EWCA Civ 1749
Outcomes
Section 91(14) order granted.
Children's trauma, fear of father, risk of further harm from applications, father's lack of insight, substance misuse relapse, and potential for further emotional damage.
Order to last until youngest child turns 18.
Significant history of abuse, children's strong wishes against contact, enduring trauma, and need for protection throughout their childhood.