Andrew James Griffiths v Kate Elizabeth Kniveton & Anor

The presumption that parental involvement furthers a child’s welfare is fact-sensitive. It may be displaced, or limited in degree, where domestic abuse and its continuing effects make contact contrary to the child’s welfare.

Following findings of domestic abuse, the court must apply the welfare checklist with regard to the abuse, its consequences and future risks. Direct contact should be ordered only where the physical and emotional safety of the child and resident parent can, as far as possible, be secured.

A Children Act 1989 section 91(14) order may be justified by the overall conduct of a party and the harm caused by continuing litigation, even without repeated applications. Such an order is a protective filter, not an absolute bar.

The father sought a child arrangements order providing for weekly supervised contact progressing to unsupervised contact with his five-and-a-half-year-old child. The child lived with the mother, against whom the father had previously committed serious domestic abuse. Earlier fact-finding proceedings had resulted in extensive findings, including physical abuse, coercive and controlling behaviour and rape. Earlier orders for contact had been varied on appeal so that contact became indirect.

The court considered whether direct contact should resume, the form of indirect contact, a section 91(14) order, a change of the child’s surname, restrictions on parental responsibility, a prohibited steps order and costs. The central issues were whether the parental involvement presumption was displaced by the welfare consequences of domestic abuse, and whether continuing litigation justified a protective restriction on further applications.

1. Contact. The court applied section 1(2A) of the Children Act 1989 as a presumption rather than an inflexible rule. The question remained what form and degree of parental involvement served this child’s welfare. The child enjoyed contact with the father, but the existing relationship did not make the child likely to feel anger or resentment if contact were limited.
2. Under section 1(3) of the Act and Practice Direction 12J, the welfare checklist had to be applied in the light of the established domestic abuse, its impact on the child and mother, and the risk of further harm. Contact could be ordered only if the physical and emotional safety of both could, as far as possible, be secured and the mother would not be subjected to further domestic abuse.
3. The father was unlikely to cause physical harm to the child, but the court was not satisfied that he understood the mother’s continuing trauma or could refrain from presenting his account of the relationship to the child. His conduct showed that he remained focused principally on his own interests. The child’s welfare therefore required no direct contact at present, with letterbox contact instead.
4. Section 91(14) order. Following A (A Child) (supervised contact) (s91(14) Children Act 1989 orders), the power was not confined to cases involving numerous applications. A party’s overall conduct, including harassment, oppressive litigation or conduct causing real harm, could justify an order where the child’s welfare required protection. The order remained the exception, not the rule, and had to be used carefully.
5. A three-year order was proportionate. It gave the mother and child a period free from litigation while recognising the father’s efforts to change. The order was a filter, not a bar: a fresh application could be made if there were a real change of circumstances.
6. The child’s surname was changed to Griffiths Kniveton without a hyphen. The father was prohibited from contacting the mother or child except as permitted by the order. The applications to reopen earlier costs and to obtain costs for the welfare hearing were refused.

The judgment was a first-instance determination of applications arising from longstanding private-law children proceedings. It records earlier fact-finding and appellate decisions, but no appeal from the present judgment.