A Local Authority v EF & Ors
[2023] EWFC 178 (B)
F v M & Ors
11 October 2023
[2023] EWFC 172 (B)
Family Court
Dad hurt the kids by lying about Mum and being controlling. He didn't go to court, so the judge said Dad can only see the kids once a month with a helper watching. Mum gets to make all the decisions for the kids, and Dad can't make any more court cases for five years to protect the kids and Mum.
Key Facts
- •Fact-finding hearing in October 2022 found father (F) caused children emotional harm through unfounded allegations against mother (M) and coercive control.
- •F now lives outside the UK and failed to attend the final hearing, despite pre-booking a flight.
- •F breached a court order by disclosing the Guardian's report to a teacher.
- •Expert psychologist, Dr. Bentley, recommended therapy for F, including a DAPP course.
- •Guardian recommended monthly supervised contact and no other indirect contact.
- •M applied for orders restricting F's parental responsibility and preventing further applications.
Legal Principles
Welfare of the children is the paramount consideration.
Children Act 1989
Practice Direction 12J is relevant given findings of coercive control.
Practice Direction 12J
Children have a right to a relationship with both parents, unless unsafe.
Children Act 1989
Section 91A and 91(14) Children Act 1989 allow orders preventing further applications.
Children Act 1989
Court has flexible case management powers under the Family Procedure Rules.
Family Procedure Rules
Outcomes
Children to live with M; monthly supervised contact with F at a contact centre.
F's failure to attend hearing, continued unfounded allegations, risk of emotional harm, and lack of engagement with recommended therapy.
No indirect contact (phone, video, letters) between F and children.
Concerns about risk of coercive control and lack of suitable supervision.
M to have sole decision-making power regarding children's health, education, and passports.
To protect children from F's potential interference and M from coercive control.
Prohibited steps order preventing F from contacting children outside of supervised contact.
To protect children from further harm and M from coercive control.
Section 91A order prohibiting F from making further applications without leave for 5 years.
Significant risk of F exposing M and children to further coercive control; need for proceedings to end for children's welfare.
Non-molestation order varied and extended for 5 years, including a geographical exclusion zone.
To protect M from F's abusive behaviour.
Court office to refer F's disclosure of the Guardian's report to the police.
Potential breach of section 97, Children Act 1989.