H (A Child) [2014] EWFC B191 (29 July 2014)

H (A Child) [2014] EWFC B191 (29 July 2014)

Direct contact between S and his father cannot be ordered at this stage because it would be contrary to S's welfare, given S's clear wishes and emotional state, as supported by the Cafcass guardian's evidence. Indirect contact, monitored by Cafcass, is the appropriate arrangement at this time.

Citation
[2014] EWFC B191
Parties
Mother: C; Father: D; Child: S
Jurisdiction
England and Wales
Judgment Date
29 July 2014
Procedural Posture
Private Law Children Proceedings / Final Hearing on Father's Application for Direct Contact
Outcome
Application for direct contact refused; indirect contact to continue with Cafcass monitoring order.
Legal Topics
Child Contact, Welfare of the Child, Indirect Contact, Parental Responsibility, Children Act 1989
Family Law Child Contact Welfare of the Child Indirect Contact Parental Responsibility Children Act 1989

Case Brief

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Parties

C

Mother

D

Father

S

Child

Procedural Posture

Private Law Children Proceedings / Final Hearing on Father's Application for Direct Contact

Legal Issues

  1. 1 Whether direct contact between S and his father should be reintroduced
  2. 2 Whether indirect contact arrangements are sufficient to meet S's welfare needs
  3. 3 Whether an adjournment or further monitoring is appropriate

Ratio Decidendi

Direct contact between S and his father cannot be ordered at this stage because it would be contrary to S's welfare, given S's clear wishes and emotional state, as supported by the Cafcass guardian's evidence. Indirect contact, monitored by Cafcass, is the appropriate arrangement at this time.

Court Disposition

Application for direct contact refused; indirect contact to continue with Cafcass monitoring order.

Orders

  • Indirect contact between S and his father to continue, with Cafcass monitoring under section 11(h) of the Children Act 1989.
  • Any further applications in relation to S reserved to the same judge.