Family Law Hub

A and B (No. 1) (domestic abuse no contact to father) [2019] EWFC B87

The father had applied for a child arrangements order that the children live with him, and a prohibited steps order preventing the mother from removing the children from the jurisdiction. It had previously been found as a fact that that the father had raped the mother, had physically assaulted her in front of the children, and had caused direct harm to one of the children. An expert witness concluded that there was no reasonable prospect of the father engaging successfully in therapy so that the risks he presented could be ameliorated. The guardian's view was that risks remained to the children, given the father's history of manipulative behaviours, and so even indirect contact was not recommended. The father claimed that this was a case of parental alienation, where the mother had sought to paint a false picture of him to the children and to the court. HHJ Vincent found there was no evidence of this. All of the mother's allegations had been found to be true. HHJ Vincent was not satisfied that the physical and emotional safety of the children and their mother could be secured before, during and after contact. They remained at risk of further domestic abuse by the father, even if contact were to be supervised. The father's applications were refused.


Published: 28/04/2020

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