H (A Child: Contact: Domestic Abuse), Re
The risk of harm to the mother and consequent risk to the child from continued direct contact with the father outweighs the harm caused by cessation of contact. The father’s entrenched negative attitude and lack of insight pose ongoing risks, and indirect contact is the least harmful option to safeguard the child’s welfare.
- Parties
- Appellant Father: Emma Favata; Respondent Local Authority: Emma Pearce; Respondent Mother: Charlie Barrass-Evans; Respondent Child: James Adams
- Jurisdiction
- England and Wales
- Judgment Date
- 23 November 2024
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Child Arrangements, Contact Orders, Domestic Abuse, Parental Responsibility, Supervision Orders, Non Molestation Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Emma Favata
Appellant Father
Emma Pearce
Respondent Local Authority
Charlie Barrass-Evans
Respondent Mother
James Adams
Respondent Child
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether direct contact between father and child should cease
- 2 Weight to be given to expert evidence in contact decisions
- 3 Risk of harm to child and mother from continued contact
Ratio Decidendi
The risk of harm to the mother and consequent risk to the child from continued direct contact with the father outweighs the harm caused by cessation of contact. The father’s entrenched negative attitude and lack of insight pose ongoing risks, and indirect contact is the least harmful option to safeguard the child’s welfare.
Court Disposition
Appeal dismissed
Orders
- Child to live with mother
- Supervision order for one year
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