A & B (Indirect Contact & Protective Orders)
[2024] EWFC 179 (B)
X v Y
11 December 2023
[2023] EWHC 3170 (Fam)
High Court
A mother sought court orders to protect her twin daughters from their abusive father. The father, in prison for abuse, didn't attend court. The judge, based on the father's conviction and reports, ruled that the father could have no contact with the children and lost his parental rights. This was to protect the mother and children from further abuse. The case also highlights the need for faster family court proceedings.
Key Facts
- •Ms X (Mother) applied for various orders concerning her twin 7-year-old daughters with Mr Y (Father), who was incarcerated and unrepresented.
- •The Father had a history of coercive and controlling behaviour towards the Mother, culminating in a 30-month prison sentence.
- •The case involved significant delays due to the Father's criminal proceedings and repeated attempts to adjourn hearings.
- •The Father did not attend the final hearing, claiming illness, but provided no medical evidence.
- •The court considered extensive evidence, including Cafcass reports, probation reports, and the Father's conviction for coercive and controlling behavior.
- •The children had no meaningful contact with their Father for nearly five years.
Legal Principles
Welfare Checklist in Children Act 1989 and s.1(2A): A child's best interests are paramount, and both parents' involvement is generally beneficial.
Children Act 1989
Termination of Parental Responsibility: Parental responsibility should only be terminated if it would not conceivably be granted were it currently being applied for, considering the child's welfare.
Re P (Terminating Parental Responsibility) [1995] 1 FLR 1048; CW v SG (parental responsibility: consequential orders) [2013] 2 FLR 655; Yusuf v The Netherlands [2013] 1 FLR 2010; D v E (Termination of Parental Responsibility) [2021] EWFC 37
Article 6 ECHR: Ensures a fair trial, not necessarily the right to cross-examine in family court proceedings.
Article 6 ECHR
Court's Case Management Powers (FPR 22.1): The court can control evidence and limit cross-examination to ensure efficient proceedings.
FPR 22.1
Outcomes
Children to live with the Mother.
The Father's abusive behaviour and lack of remorse posed a significant risk of emotional harm to the children.
No contact between the Father and children (except for life-story work).
Contact would be emotionally damaging, and the Father may use it to threaten or manipulate the Mother.
Father's parental responsibility removed.
Exceptional circumstances of abuse, lack of attachment between Father and children, and the Father's ongoing risk to the Mother and children.
Children's surname to remain unchanged.
Changing the surname would not enhance safety and could be detrimental to the children's sense of identity.
s.91(14) order made for 5 years, restricting the Father's ability to make applications concerning the children without court permission.
Proportionate response to the Father's conduct and lengthy proceedings.