Z (A Child) (Order for no contact), Re
[2023] EWFC 61 (B)
X (The Mother) v D (The Father)
14 August 2024
[2024] EWFC 259 (B)
Family Court
A dad repeatedly disobeyed court orders about seeing his daughter. The judge decided the dad's actions were abusive, and the daughter needs to live with her mom. The dad can see his daughter, but only with a supervisor watching, for at least a year. He can't ask the court to change the arrangements for two years to give the family peace.
Key Facts
- •Father repeatedly breached child arrangements order, failing to return child to mother.
- •Multiple court hearings and findings of fact against the father for breaches.
- •Mother sought no contact order due to father's behavior.
- •Social worker recommended supervised contact for the foreseeable future due to risk of further harm.
- •Allegations of domestic abuse and coercive control by the father.
- •Child experienced significant emotional distress due to the disruptions.
Legal Principles
Paramount consideration is the child's welfare.
Section 1 Children Act 1989
Findings of fact from previous hearings are binding.
Case law precedent
Court must consider welfare checklist.
Section 1(3) Children Act 1989
Court must consider Article 6 (right to a fair trial) and Article 8 (right to private and family life) rights.
European Convention on Human Rights
Definition of coercive and controlling behaviour.
PD12J
Court should be slow to order the victim of abuse to pay costs of supervision.
Griffiths v Griffiths [2022] EWHC 113 (Fam)
Section 91(14) orders are not rare and should be actively considered in cases of domestic abuse.
PD12Q
Outcomes
Child to live with mother.
Father's repeated breaches, lack of insight, and risk of further harm to the child.
Supervised contact between father and child for at least one year.
To protect child from further harm caused by father's actions and lack of acceptance of the court orders.
Section 91(14) order against father for two years.
To prevent further applications by the father and to provide stability for the child and mother.
Father to pay for supervised contact.
Father's financial circumstances, and because the need for supervision is entirely due to his breaches.
Prohibited steps order preventing father from removing child without mother's consent.
To prevent further unilateral actions by the father.