P (a child) (dismissal of application – abusive applicant), Re
[2023] EWFC 86 (B)
L v S
29 September 2023
[2023] EWFC 228 (B)
Family Court
Dad didn't show up to court, has a history of making things difficult for Mom, and there are serious worries about his behavior. So, the judge said Dad can't contact his son for many years and dismissed his request to change custody.
Key Facts
- •Father applied for a child arrangements order concerning his son, W (then 7, now 9).
- •Father alleged the mother assaulted W and made false allegations against him.
- •Proceedings lasted nearly two years, involving multiple hearings and reports from Cafcass and a Family Court Adviser (Ms M).
- •Father failed to file evidence or attend the final hearing.
- •Significant safeguarding concerns existed regarding the father, including a police investigation into a sexual assault allegation.
- •Previous litigation involving the parties spanned several years, with a barring order imposed in 2017.
- •Ms M's reports consistently recommended a barring order and limited or no contact between father and W.
- •W had minimal recollection of his father and no established relationship.
- •The mother supported Ms M's recommendations for no contact.
Legal Principles
The paramount consideration in child arrangements is the best interests of the child.
Children Act 1989
Section 91(14) orders (barring orders) can be made if necessary in the welfare interests of the child.
Children Act 1989
Outcomes
Father's application for a child arrangements order was dismissed.
Father effectively abandoned the application by failing to attend court and provide evidence, coupled with significant safeguarding concerns.
A barring order was made preventing the father from making further applications concerning W until the child turns 16.
The father's persistent litigation was deemed abusive towards the mother and detrimental to W's welfare. The risk to the mother and child outweighed any potential benefit of indirect contact.
No contact order between father and W.
Significant safeguarding concerns regarding the father and the lack of a meaningful relationship between father and son, combined with the father's abusive behaviour towards the mother, made contact detrimental to the child's welfare.