HK (A Child), RE [2024] EWFC 321 (B) (08 November 2024)

HK (A Child), RE [2024] EWFC 321 (B) (08 November 2024)

Given the Father's conviction for sexual assault, lack of insight or remorse, inconsistent commitment to contact, and the risk assessments indicating risk to adult females and emotional harm to children, it is not in H's welfare interests to have direct contact with the Father. The existing order for supported/unsupervised contact is no longer supportable. Indirect contact by way of letters and cards is appropriate, with the Mother required to share correspondence with H.

Citation
[2024] EWFC 321 (B)
Parties
Applicant / Mother: JK; Respondent / Father: LM
Jurisdiction
England and Wales
Judgment Date
08 November 2024
Procedural Posture
Children Act 1989 Child Arrangements / Final Hearing and Judgment
Outcome
Application to discharge direct contact granted; order varied to provide for indirect contact only.
Legal Topics
Child Arrangements Order, Variation/discharge of Order, Parental Responsibility, Welfare Checklist, Indirect Contact, Risk Assessment, Domestic Abuse Allegations, Immigration Status and Family Proceedings
Family Law Child Arrangements Order Variation/discharge of Order Parental Responsibility Welfare Checklist Indirect Contact Risk Assessment Domestic Abuse Allegations +1 more

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Parties

JK

Applicant / Mother

LM

Respondent / Father

Procedural Posture

Children Act 1989 Child Arrangements / Final Hearing and Judgment

Legal Issues

  1. 1 Whether to discharge or vary the existing child arrangements order regarding contact between H and her father
  2. 2 Assessment of risk to the child and mother from the father
  3. 3 Father's motivation for contact (immigration status vs genuine relationship)

Ratio Decidendi

Given the Father's conviction for sexual assault, lack of insight or remorse, inconsistent commitment to contact, and the risk assessments indicating risk to adult females and emotional harm to children, it is not in H's welfare interests to have direct contact with the Father. The existing order for supported/unsupervised contact is no longer supportable. Indirect contact by way of letters and cards is appropriate, with the Mother required to share correspondence with H.

Court Disposition

Application to discharge direct contact granted; order varied to provide for indirect contact only.

Orders

  • Child arrangements order varied: H to live with Mother; no direct contact with Father; indirect contact by letters and cards every three months and cards/presents at Eid, birthday, and Christmas if celebrated.
  • Final order and judgment to be shared with relevant local authority for reconsideration of risk assessment of Father's living arrangements.