Aristide Hoang-Brown represented a mother who had been the victim of domestic abuse in various applications concerning her 2 children.
At the final hearing concerning the children he secured for her:
• an order for no contact with the father
• a s.91(14) order, and
• a specific issue order permitting her to exercise parental responsibility unilaterally.
Previously Aristide had represented her at a fact-finding hearing at which the court found she had been the victim of serious physical and sexual abuse perpetrated by her former husband, the father of their children.
At the final hearing, the court determined that the father’s oral and written evidence was inconsistent with him accepting the findings made by the court at the fact-finding hearing.
The court was satisfied that it is not in the children’s best interests for there to be any form of contact between the father and the children, not even letters and cards.
The court was persuaded to make a s.91(14) order (barring the father from making further Children Act applications without the court's permission) even though it was the father’s 1st application.
Order to exercise parental responsibility unilaterally
The court also had regard to Re A (Parental Responsibility) [2023] EWCA Civ 689 and made a specific issue order permitting the mother to exercise parental responsibility unilaterally without reference to the father.
The judge placed weight on the specific evidence that any requirement on the mother to communicate with the father would put an unreasonable strain on her emotional wellbeing and therefore her parenting capacity.
The Specific Issue Order meant that the mother could make all decisions regarding the children without needing to consult with the father, including:
- all decisions regarding the children’s health and any medical and dental treatment
- all decisions regarding the children’s travel out of this jurisdiction for any duration less than 1 month
- all decisions regarding applying for and obtaining passports for the children
- all decisions regarding the children’s religion; and
- all decisions regarding the children’s education.
If you wish to instruct Aristide in respect of child arrangements proceedings or generally, please contact his clerks.