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- This hearing followed on from that in Re C1 and C2 (Child Arrangements) [2019] EWHC B15 (Fam), involving the same father but a different mother. In this hearing, the mother of these two children, aged six and eight, applied to extend an existing s.91(14) order for a period of five years. Keehan J found that the defects in the father's personality and his character were such that he posed a risk of serious emotional and psychological harm to the mother of these two children, as it had been found to do with regards to the mother of the two children in the earlier hearing. A period of two years would be an appropriate one to give the father the chance to make the changes that he needed to make, for his own benefit, and for the benefit of his children. However, Keehan J regretted that, in the absence of further incidents since 2016, there was no legal basis for making or extending a non-molestation order and that application was dismissed. The mother's application for costs was refused. Judgment, 03/01/2020, free
- The father applied for child arrangements orders in respect of these two children. Pursuant to s.91(14) of the Children Act 1989, the mother applied to prevent the father from making any further Children Act applications without leave of the court. The father was a litigant in person, but also a qualified member of the Bar, and yet his behaviour during the hearing was described by Keehan J as appalling, aggressive, incoherent and intimidating, for example with regard to the expert witness psychologist during cross-examination. This supported the conclusions in her report as to his lack of empathy and narcissistic personality disorder. An order for direct contact would have a devastating impact upon the mother, which would have a serious adverse impact indirectly on the two children. Keehan J was entirely satisfied that it was not in the best interests of either child to have direct contact with the father, and a s.91(14) order was imposed upon him for a period of two years. He was urged to seek professional help. Judgment, 03/01/2020, free
- The father had difficulties with anger management, volatility and aggression. The circuit judge had made a child arrangements order, including orders for supervised contact, non-molestation and prohibited steps, against which the father had, following a course of therapy, unsuccessfully appealed. He now appealed with regard to the fairness of those hearings. Baker LJ found that there had been no indication to the father, a litigant in person, that the court would be making orders in respect of his future contact or concluding the proceedings. The summary dismissal of his appeal had also been wrong. The two hearings together represented an unwarranted infringement of his rights to a fair hearing. Peter Jackson LJ agreed, and the matter was remitted for a further hearing. Judgment, 28/05/2019, free
- The father appealed against an order which prevented him from bringing further applications for contact or residence for three years. The judge had found that the children would suffer emotional harm if required to have direct contact with the father, who had completely lost sight of their welfare. Longmore, Peter Jackson and Coulson LJJ dismissed the appeal. Judgment, 09/04/2019, free
- Mother's appeal against an order granting the father permission to have contact with their two children, despite no formal notice being given to the mother or to the solicitor for the children, was allowed. Judgment, 28/02/2019, free
Latest know-how
- The mother alleged that the judge had been wrong to grant the father’s application for permission to apply for a s.8 CA 1989 order. Case note, 23/09/2019, free
- In a tweet: High Court guidance on radicalisation in private children law proceedings Case note, 21/09/2016, members only
- Father's appeal against an order that contact with his children should be supervised Case note, 17/03/2016, members only
- Applications by mother, father and uncle seeking a variety of orders relating to residence and contact, and a section 91(14) order. Case note, 17/06/2015, members only
- Judgment from the President in contact proceedings where the mother was publicly funded and seeking a s91(14) order but the father was unrepresented. Case note, 08/07/2014, members only
Latest training
- Webinar recorded on 15 January 2015. Dafydd Griffiths of 29 Bedford Row reviews the private children law cases of 2014 and picks out some themes to look out for in 2015. Webcast, 15/01/2015, members only