The Mother v Jamie MacDougall & Anor
[2023] EWHC 1175 (Fam)
A Mother (M) v A Father (F) & Ors
17 May 2024
[2024] EWHC 2580 (Fam)
High Court
A long fight between parents about seeing their kids ended with the judge saying the kids only get to talk to their dad on the phone or video call, not in person. The judge thought the dad wasn't ready and was being controlling, so gave the mom and kids a break from court for a while.
Key Facts
- •Longstanding and intractable contact dispute between parents of two children (IB, 11, and SB, 10).
- •Third set of proceedings, spanning 133 weeks.
- •Mother (M) alleged domestic abuse against Father (F) in 2015; F was found not guilty.
- •Previous orders included 50/50 custody (except during school term).
- •Incident involving F and police in 2021 led to current proceedings.
- •No direct contact between F and children since September 2021.
- •Multiple expert assessments of F's mental health, indicating paranoid personality disorder.
- •Children's Guardian recommends indirect contact only.
- •F seeks direct contact and a Family Assistance Order; M initially open to compromise, later opposes further professional involvement.
- •Judge found F lacks insight, fails to consider children's perspectives, and exhibits coercive control.
Legal Principles
Children's wishes and feelings carry significant weight, especially for children aged 10 and 11.
Case law and inherent jurisdiction of the Family Court
Court's paramount consideration is the best interests of the children.
Children Act 1989
Section 91(14) orders can be made to protect parties from further litigation.
Children Act 1989, s.91(14)
Outcomes
Indirect contact between F and children to continue on the current model.
Children's clear wish to maintain indirect contact only, F's lack of insight and child-focused approach, and concern about coercive control.
No requirement for M to work with Children and Family Solutions (CFS).
Concerns about F's fixed views and potential for inconsistent engagement with CFS.
Section 91(14) order granted for 2.5 years.
To provide a break from litigation for M and children, allowing time for IB's secondary school transfer and SB's subsequent transfer.