Daniel (Contact, enforcement, s91(14) orders), Re
[2023] EWFC 20 (B)
N (A Child), Re
12 November 2024
[2024] EWFC 331 (B)
Family Court
A dad wanted more time with his daughter. He didn't follow court orders, provide needed information, or address safety concerns. The judge decided the daughter should live with her mom and the dad could only send a card or gift once a month until he proved he could keep his daughter safe and communicate better.
Key Facts
- •Father and mother of 7-year-old N separated in 2021 but remained living together until August 2023.
- •Father applied for s8 orders (including Lives With, Spends Time With, Prohibited Steps, and Specific Issue orders) in December 2022.
- •Father failed to file statements or questions despite court directions, attending in person as a litigant in person.
- •Mother made allegations against the father, leading to the appointment of a QLR, which the father did not utilize.
- •Police investigations into allegations made by both parents were largely discontinued, with some remaining ongoing.
- •Social worker's s7 report recommended indirect contact (monthly card or letter).
- •Mother accepted the s7 report's recommendations; Father initially disagreed but later sought phone and video calls, and face-to-face contact.
Legal Principles
The child's welfare is the paramount consideration in any question regarding the upbringing of a child.
Children Act 1989, Section 1(1)
Delay in determining a question regarding a child's upbringing is likely to prejudice the child's welfare.
Children Act 1989, Section 1(2)
Involvement of each parent in a child's life is presumed to further the child's welfare unless the contrary is shown.
Children Act 1989, Section 1(2A)
The court shall not make an order unless it considers that doing so would be better for the child than making no order at all.
Children Act 1989, Section 1(5)
Outcomes
N will live with her mother.
This is in N's best interest given the father's lack of engagement and failure to address concerns regarding N's safety and well-being.
Indirect contact will continue via a monthly small gift, letter, or card.
Direct contact will only resume after the father demonstrates consistent mental health support, concludes police investigations, and consistently sends gifts/letters/cards over three months.
Applications for Prohibited Steps and Specific Issue orders dismissed.
These were not live issues.