M v S

M v S

Disclosure of the fact-finding judgment to the Father's employer (MOD) is refused because comprehensive disclosure has already been made to the police, who are bound by statutory and common law safeguarding duties and protocols with the military; there is no evidence that the Father's employment brings him into contact with vulnerable persons, and further disclosure is unnecessary and disproportionate. The court is entitled to assume that regulatory and investigatory bodies follow law and procedure. No further psychiatric expert evidence is ordered as the Mother refuses assessment; the court will rely on existing records and a short statement from the Mother. Interim direct contact is not...

Parties
Applicant Father: M; Respondent Mother: S; Subject Child: L (child)
Jurisdiction
England and Wales
Judgment Date
04 December 2024
Procedural Posture
Children Act Private Law Proceedings / Post Fact Finding, Directions and Disclosure Application Prior to Final Hearing
Outcome
Mother's application for disclosure of the fact-finding judgment to the Father's employer is refused; no order for further psychiatric expert evidence; no interim direct contact ordered; directions given for further evidence and potential declaration of incompatibility application.
Legal Topics
Child Arrangements Order, Disclosure to Third Parties, Fact Finding in Family Proceedings, Parental Contact, Domestic and Sexual Abuse Findings, Participation Directions, Expert Evidence, Safeguarding, Article 8 and 14 ECHR, Declaration of Incompatibility
Family Law Child Law Domestic Abuse Child Arrangements Order Disclosure to Third Parties Fact Finding in Family Proceedings Parental Contact Domestic and Sexual Abuse Findings +5 more

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Parties

M

Applicant Father

S

Respondent Mother

L (child)

Subject Child

Procedural Posture

Children Act Private Law Proceedings / Post Fact Finding, Directions and Disclosure Application Prior to Final Hearing

Legal Issues

  1. 1 Whether to direct disclosure of the fact-finding judgment to the Father's employer (Ministry of Defence)
  2. 2 Whether further expert psychiatric evidence regarding the Mother's PTSD is required
  3. 3 Whether to order interim direct contact between Father and child

Ratio Decidendi

Disclosure of the fact-finding judgment to the Father's employer (MOD) is refused because comprehensive disclosure has already been made to the police, who are bound by statutory and common law safeguarding duties and protocols with the military; there is no evidence that the Father's employment brings him into contact with vulnerable persons, and further disclosure is unnecessary and disproportionate. The court is entitled to assume that regulatory and investigatory bodies follow law and procedure. No further psychiatric expert evidence is ordered as the Mother refuses assessment; the court will rely on existing records and a short statement from the Mother. Interim direct contact is not...

Court Disposition

Mother's application for disclosure of the fact-finding judgment to the Father's employer is refused; no order for further psychiatric expert evidence; no interim direct contact ordered; directions given for further evidence and potential declaration of incompatibility application.

Orders

  • Mother may file a short statement on the impact of contact on her mental health by 25 April 2024.
  • Any ISVA statement to be properly drafted, filed and served by 25 April 2024 if relied upon; a different ISVA to support the Mother if so.