Family Court Bars Father from Contact with Son Over Abuse Risk

A family court has ruled that a father should have no contact – direct or indirect – with his four-year-old son after finding that the risk of harm to the mother and child was too great.

The decision follows a long-running legal dispute between the parents, JE and TS, who separated in 2022. The child, referred to as K, has lived with his mother ever since and has had no contact with his father.

The case involved serious findings of abuse. The judge had previously concluded that the father had subjected the mother to coercive and controlling behaviour, physical violence and, on two occasions, rape. The child had been exposed to some of this behaviour and was also considered a victim of abuse.

Although the father was acquitted of criminal charges in 2023, the family court found that the evidence established a consistent pattern of abuse, which the father continued to deny.

Contact Dispute and Court’s Decision

The father had initially sought direct supervised contact but later agreed to indirect contact – cards and gifts – on the condition that direct contact could be reconsidered in two years. However, the mother opposed all forms of contact, arguing it would be emotionally harmful to her and disruptive to their son’s stability.

The judge accepted this argument, concluding that even indirect contact posed too high a risk. He found the mother would be exposed to a recurring cycle of anxiety and emotional harm if required to facilitate any contact, even through a third party. This, in turn, could damage her ability to care for the child.

The judgment noted that the father had shown no insight into his behaviour, had not engaged with recommended perpetrator programmes, and continued to view himself as the victim.

Name Change and Parental Restrictions

The court also allowed the mother to change the child’s surname to her own. The judge said this was a proportionate response to the abuse she had suffered and a necessary step in helping both mother and child to move on. He rejected arguments for double-barrelling the surname, stating that retaining any part of the father’s name risked perpetuating distress.

Although the mother had applied for the father’s parental responsibility to be revoked, the court instead approved a set of restrictions preventing him from influencing key decisions. These included bans on accessing the child’s medical or school records and permission for the mother to travel abroad with the child without requiring his consent.

Future Contact and Legal Safeguards

The judge imposed a three-year bar on the father bringing further court applications without permission, stating this was needed to protect the mother and child from future emotional harm. He said the father had used the legal process to continue a pattern of abusive behaviour.

While the judgment left open the possibility of future contact if circumstances change, the court found that, for now, excluding the father from the child’s life was necessary to safeguard both mother and child.

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