P (a child) (dismissal of application – abusive applicant), Re
[2023] EWFC 86 (B)
H, Re
9 August 2024
[2024] EWFC 245 (B)
Family Court
A dad was accused of abusing his child's mom. The court believed the mom and ruled that the dad could only send letters to his daughter a few times a year and can't apply to see her more often for three years. The dad also wasn't allowed to get more rights as a parent because of his actions.
Key Facts
- •Father applied for a child arrangements order in December 2019 and parental responsibility in January 2022.
- •Parents separated in March 2018; child H born November 2018.
- •Father had no contact with H since February 2019.
- •Allegations of domestic abuse by father against mother, including verbal abuse, physical assault, and sexual assault.
- •Fact-finding hearing in August 2023 found father guilty of verbal and threatening abuse, intimidation, and aggression.
- •Father had previous convictions for assault and harassment.
- •Father's abusive messages to mother contained threats of violence and derogatory language.
- •Father disputed paternity in February 2024, later confirmed to be the biological father.
- •Father failed to comply with court orders, including drug and alcohol testing and filing evidence.
- •Father did not attend the final hearing.
- •H has additional physical health needs.
Legal Principles
Child's welfare is the paramount consideration.
Children Act 1989, section 1
Presumption that parental involvement furthers child's welfare.
Children Act 1989, section 1(2A)
Right to family life under Article 8 of the European Convention on Human Rights.
Article 8 ECHR
Court's power to make orders to protect child from harm.
Family Procedure Rules, Practice Direction 12J
Court's power to restrict future applications.
Children Act 1989, section 91(14)
Outcomes
Indirect contact only, three times a year plus birthday card/gift.
Direct contact would expose H to unacceptable risk of harm; father's lack of engagement and ongoing abusive behavior.
Mother to send updates twice a year.
Reduced frequency due to reduced indirect contact.
Father to propose a safe method for communication within 21 days.
Ensuring safe communication without disclosing mother's contact details.
Application for parental responsibility refused.
Father's lack of commitment, attachment to H, and risk of misuse of parental responsibility to abuse mother.
Barring order preventing further applications for three years.
Protection of mother from further litigation and harm; father's persistent abuse and non-compliance.