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Family Court Ruling on Child Contact and Parental Responsibility in [2024] EWFC 128 (B)


In the case [2024] EWFC 128 (B), the Oxford Family Court addressed the contentious child arrangements between separated parents concerning their three children, aged 15, 13, and 11. The court, presided over by Her Honour Judge Owens, ruled that the children would reside with their mother, with only indirect contact allowed between the father and children. The court imposed a section 91(14) order, preventing either parent from initiating further legal proceedings for 12 months, due to the significant impact of parental conflict on the children's mental health. The court also restricted the father’s access to the children's mental health records, deeming it necessary for their well-being.


Case Overview:

  • Case Name: F v M

  • Court: Oxford Family Court

  • Neutral Citation: [2024] EWFC 128 (B)

  • Judgment Date: 22 March 2024

  • Judge: Her Honour Judge Owens


Legal Issues:

  • Child Arrangements: Determining the living arrangements and contact between the children and their parents.

  • Parental Responsibility: Assessing whether the father's access to the children's mental health information should be restricted.

  • Section 91(14) Order: Consideration of a 12-month restriction on either parent bringing further legal proceedings involving the children.


Court's Analysis:

The court analyzed the severe impact of parental conflict on the children's mental health, supported by expert evidence from the NYAS Guardian. The court concluded that indirect contact through letters and cards, facilitated by the mother, was in the best interests of the children. A 12-month section 91(14) order was imposed to prevent further legal disputes, allowing the children time to recover from the psychological effects of the ongoing conflict.


Judgment Summary:

  • Children's Residence: The children will live with their mother, with no direct contact with the father.

  • Indirect Contact: The father is allowed indirect contact up to nine times a year, with the mother gatekeeping these communications.

  • Parental Responsibility: The father's access to the children's mental health information is restricted for two years.

  • Section 91(14) Order: A 12-month order was made, preventing either parent from initiating further proceedings without leave of the court.


This ruling emphasizes the court's focus on the children's welfare, particularly their mental health, amidst high-conflict parental disputes.


References:

  • Judgment in the Matter of F v M, Oxford Family Court, [2024] EWFC 128 (B).

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