E v Y
[2024] EWFC 348
P (a child) (dismissal of application – abusive applicant), Re
16 May 2023
[2023] EWFC 86 (B)
Family Court
A dad was mean and abusive to his baby's mom, the court, and everyone else involved in the case. The judge stopped him from seeing his baby and said he can't ask the court for anything else until next year unless he gets help and stops being mean. The mom has to give him updates about the baby, but only if he's nice.
Key Facts
- •Father (AB) applied for child arrangements order to spend time with his nearly 1½-year-old son (PB).
- •Both parents made applications for non-molestation orders against each other.
- •Father engaged in abusive and threatening behavior towards the mother, court staff, social workers, and the mother's solicitors.
- •Father failed to file required evidence and comply with court orders.
- •Father boasted about recording court hearings and professionals.
- •Father made repeated meritless applications.
Legal Principles
Child's welfare is paramount.
Children Act 1989
Application of Practice Direction 12J (domestic abuse cases).
Family Procedure Rules
Right to family life (Article 8, Human Rights Act 1998).
Human Rights Act 1998
Right to a fair trial (Article 6, Human Rights Act 1998).
Human Rights Act 1998
Right not to be subjected to degrading treatment (Article 3, Human Rights Act 1998).
Human Rights Act 1998
Overriding objective (Part 1, Family Procedure Rules).
Family Procedure Rules
Court's power to prohibit applications without leave (Section 91(14), Children Act 1989).
Children Act 1989
Outcomes
Father's application for a child arrangements order dismissed.
Father's abusive behavior made contact unsafe; continuation of proceedings used to abuse the mother and family; unreasonable to expect professionals to work with father.
Section 91(14) order made, prohibiting father from making further applications without court permission until 16 May 2024.
To protect mother and child from further abuse; father needs to address mental health issues; to allow respite for mother and child.
Non-molestation order extended.
To protect the mother from further harassment.
Prohibited steps order made to prevent father from attending or removing child from nursery.
To protect the child's safety.
Mother to provide father with a short update on child's progress every other month (unless responded to abusively).
To allow the father to be informed about the child's welfare while mitigating the risk of further abuse.