Proudmans Secures High Court Appeal for Domestic Abuse Victim

Proudmans is pleased to have represented "Lisa" (a pseudonym) in her application for permission to appeal in long-running Children Act proceedings concerning arrangements for her two children.

Lisa first approached Proudmans following the conclusion of a final hearing before Recorder Phillipson at Skipton Family Court in November 2025.

The proceedings had involved extensive litigation over several years, including findings of serious domestic abuse and complex welfare issues concerning the children. The findings made against the father included coercive and controlling behaviour, verbal abuse, physical intimidation and regular and significant physical abuse such as:

a.      Dragging the Mother and smashing her head against metal railings;

b.     Throwing the Mother around the bedroom;

c.      Pushing the Mother to the floor and kneeling on her chest;

d.     Holding the Mother on the kitchen floor and strangling her;

e.      Pulling the Mother by her arms and throwing her onto the sofa;

f.      Pulling the Mother by the hair, shoving her to the floor and strangling her;

g.     Grabbing the Mother by the throat and pushing her against the wall; spitting in the Mother’s face whilst the child was in her arms;

h.     Entering the Mother’s home at night (when they were separated) and the Mother awoke to find him holding a knife to her throat;

i.       Shoving the Mother against the dishwasher, grabbing her by the wrists and calling her a stupid bitch, witnessed by the child;

j.       Behaving in an angry and intimidating fashion by:

         i.  Intimidating the Mother with his physical presence and “getting up in her face”;

          ii.  Punching walls and doors;

           iii.  Kicking and throwing things in temper;

            iv.  Frequently driving in an angry and erratic manner.  

The final order included a section 91(14) Children Act 1989 barring order preventing either party from making further applications without the permission of the court until November 2031, a period of six years. Lisa maintained that the duration of the order was excessive and disproportionate in the circumstances of the case.

Lisa approached Proudmans following the making of the final order and sought specialist advice regarding her ability to seek permission to appeal.

After permission to appeal was initially refused on the papers, Lisa pursued an oral renewal hearing before Mr Justice Peel in the High Court on 4 June 2026.

Following oral argument, Mr Justice Peel granted permission to appeal on the Mother's ground that the six-year section 91(14) barring order imposed by Recorder Phillipson was arguably excessive. The granting of permission recognised that the proposed appeal raised a properly arguable issue requiring further consideration by the appellate court.

The case attracted wider public interest and was reported by accredited journalist Suzanne Martin. Further commentary can be found in her article, Court Orders Overnight Contact With Father Despite Findings of Serious Domestic Abuse, available here:

https://suzannemartinjournalist.substack.com/p/court-orders-overnight-contact-with

This case highlights the importance of ensuring that section 91(14) orders are carefully tailored to the particular circumstances of each family and remain proportionate to the legitimate aim of preventing unnecessary litigation.

Reflecting on her experience, Lisa said:

"Thank you for everything that Proudmans have done. I am very grateful that I got the opportunity to give it everything with you all."

At Proudmans, we are committed to representing survivors of domestic abuse and parents involved in complex children proceedings, including appeals where there are important issues concerning welfare, procedural fairness and access to justice.