M (Children), Re [2015] EWFC B161 (17 March 2015)

M (Children), Re [2015] EWFC B161 (17 March 2015)

Contact between the children and their father is suspended because the father has repeatedly and deliberately breached the court's contact order and has made clear he will not comply, making it unsafe and contrary to the children's welfare to continue unsupervised contact. The mother is entitled to her costs of the application, less the unnecessary attendance of her solicitor. Permission to appeal is refused as there is no reasonable prospect of success on any ground advanced.

Citation
[2015] EWFC B161
Parties
Applicant/mother: H M; Respondent/father: Mr M
Jurisdiction
England and Wales
Judgment Date
17 March 2015
Procedural Posture
Family Law Child Contact / Post Final Order, Enforcement/suspension Application
Outcome
Application to suspend contact granted; costs awarded to applicant; permission to appeal refused.
Legal Topics
Child Contact, Enforcement of Contact Orders, Section 91(14) Orders, Costs
Family Law Child Contact Enforcement of Contact Orders Section 91(14) Orders Costs

Case Brief

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Parties

H M

Applicant/mother

Mr M

Respondent/father

Procedural Posture

Family Law Child Contact / Post Final Order, Enforcement/suspension Application

Legal Issues

  1. 1 Whether contact between the children and their father should be suspended due to non-compliance with a previous court order
  2. 2 Whether the applicant mother is entitled to costs
  3. 3 Whether permission to appeal should be granted

Ratio Decidendi

Contact between the children and their father is suspended because the father has repeatedly and deliberately breached the court's contact order and has made clear he will not comply, making it unsafe and contrary to the children's welfare to continue unsupervised contact. The mother is entitled to her costs of the application, less the unnecessary attendance of her solicitor. Permission to appeal is refused as there is no reasonable prospect of success on any ground advanced.

Court Disposition

Application to suspend contact granted; costs awarded to applicant; permission to appeal refused.

Orders

  • Contact between the children and their father is suspended until the father provides clear evidence of compliance with the October 2014 order.
  • Interim contact permitted at X Contact Centre for two hours on alternate Saturdays, subject to arrangements by the father.