Re S [2002] EWHC 540 (Fam) (22 March 2002)

Re S [2002] EWHC 540 (Fam) (22 March 2002)

The court determined that making contact orders for the two older children (aged 16 and 14) would be counterproductive and not in their best interests, given their clear wishes, maturity, and the likely negative impact of forced contact. For the youngest child (aged 12), a limited and flexible contact arrangement was ordered, reflecting his vulnerability and current stress, with the mother to use her best endeavours to facilitate contact. The court found no evidence that the mother had poisoned the children against the father and emphasised the need to respect the children's autonomy and emotional welfare. No section 91(14) order was made, and the issue of costs was addressed with...

Citation
[2002] EWHC 540 (Fam)
Parties
Applicant/father: S; Respondent/mother: S
Jurisdiction
England and Wales
Judgment Date
22 March 2002
Procedural Posture
Family Law Contact Application / Final Judgment After Oral Evidence
Outcome
Contact orders refused for the two older children; limited contact order made for the youngest child; no section 91(14) order; costs application considered.
Legal Topics
Child Contact, Parental Responsibility, Welfare of the Child, Section 8 Orders, Section 91(14) Children Act 1989, Costs in Family Proceedings
Family Law Child Contact Parental Responsibility Welfare of the Child Section 8 Orders Section 91(14) Children Act 1989 Costs in Family Proceedings

Case Brief

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Parties

S

Applicant/father

S

Respondent/mother

Procedural Posture

Family Law Contact Application / Final Judgment After Oral Evidence

Legal Issues

  1. 1 Whether contact orders should be made for three children with their father
  2. 2 Whether the mother has influenced the children against the father
  3. 3 How to balance the children's wishes with the father's right to contact

Ratio Decidendi

The court determined that making contact orders for the two older children (aged 16 and 14) would be counterproductive and not in their best interests, given their clear wishes, maturity, and the likely negative impact of forced contact. For the youngest child (aged 12), a limited and flexible contact arrangement was ordered, reflecting his vulnerability and current stress, with the mother to use her best endeavours to facilitate contact. The court found no evidence that the mother had poisoned the children against the father and emphasised the need to respect the children's autonomy and emotional welfare. No section 91(14) order was made, and the issue of costs was addressed with...

Court Disposition

Contact orders refused for the two older children; limited contact order made for the youngest child; no section 91(14) order; costs application considered.

Orders

  • No contact order for V (eldest child); declaration that contact is in her best interests and mother will not discourage contact.
  • No contact order for J (middle child); declaration that contact is in his best interests and mother will not discourage contact; J to make himself available for contact by mutual agreement.