Abusive Parent Loses All Rights and Contact With Child
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Serena Sandhu
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Abusive parent loses all parental rights and contact with child
Cases in which one parent makes repeated and unmeritorious applications to the court can be profoundly distressing for the other parent and, most importantly, harmful to the child. These situations frequently arise where a parent has been appropriately refused contact and seeks to revisit the same issues through successive applications, often without addressing the underlying concerns identified by the court.
In such cases, the court has the power to impose a restriction under section 91(14) of the Children Act 1989, preventing further applications being made without the court’s permission.
In a recent case, a father lost both his parental responsibility and all direct contact with his son, after years of highly contentious litigation.
X the Father v Y the Mother [2025] EWFC 262 (B)
In X v Y [2025] EWFC 262, the father was a convicted sex offender with additional convictions for fraud and making false representations. The mother only became aware of his sexual offending after she was already pregnant with their child, Z.
In 2017, the court ordered that there should be no contact between the father and Z. In 2020, the father was permitted limited indirect contact three times a year. At the same time, the court imposed a section 91(14) order, preventing him from making further applications without permission, given the ongoing risks he posed to both the mother and the child.
By 2021, the father had undertaken some work addressing sexual risk issues and was granted permission to apply again. The court increased indirect contact to eight times per year.
In early 2024, he was again granted permission to pursue a further application. A psychologist was instructed to assess him, but during the assessment process the father secretly recorded the appointments without the psychologist’s consent.
The report itself was highly unfavourable, saying “he has a propensity to breach boundaries”, has “many narcissistic elements to his personality… has engaged in persistently deceptive behaviour” and psychopathic personality traits.
The psychologist also found that the father’s previous therapeutic work had not been appropriately undertaken and recommended extensive specialist therapy and bespoke intervention before any form of supervised, face-to-face contact could even be considered.
The judge refused the application to commence direct contact at a contact centre, but he did increase indirect contact to twelve occasions per year. He also made another s91(14) to last for a further five years, extending until Z’s 16th birthday.
The 2025 application
In early 2025 the father sought permission without notice to the mother to make yet another application for supervised contact. He asserted that he was now working with a clinical psychologist and alleged that the mother was being obstructive.
The judge refused permission. While acknowledging some positive steps, the court found that the father had not completed the recommended therapy, nor had he been reassessed in a way that demonstrated a reduction in risk. The behavioural and conduct issues repeatedly identified by the court therefore remained unaddressed.
The judge also rejected allegations that the mother had breached the child arrangements order. Any issues relating to the school’s decisions or the local authority’s interpretation of the order were matters for those bodies, not evidence of obstruction by the mother.
The court concluded that the father was using the application as “another means of having his grievances heard” and as a platform to criticise the mother. His application was found to be entirely without merit. The mother had a right to be informed about the court’s decision and she would be sent a copy of the judgment in due course.
What does this decision mean?
This case forms part of a long-running pattern of applications which failed to prioritise the child’s welfare. It reinforces several key principles:
- The child’s welfare remains paramount in all Children Act proceedings.
- Section 91(14) orders are a vital tool where a party’s conduct is harmful, repetitive, or abusive of the court process.
- Where such an order has been imposed because of a parent’s behaviour, the court will expect genuine, evidenced change before granting permission to make further applications.
- Assertions of progress or blame-shifting, without completion of recommended work or independent reassessment, will not suffice.
Ultimately, the decision sends a clear message: the court will not permit repeated litigation where the risks identified remain unresolved and the child’s welfare would be compromised.
Contact us
At Osbornes, our specialist family law team has extensive experience in protecting children and parents from harmful, repetitive litigation, including securing and defending section 91(14) orders where necessary. Cases like this underline how crucial it is to have experienced and strategic legal advice in complex and high-conflict child arrangements disputes. If you need help contacts us by:
- completing our online enquiry form;
- or calling us on 020 7485 8811
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