K (Children), Re

K (Children), Re

The recorder erred by failing to consider and attempt all available alternatives to facilitate direct contact between the father and his children, as required by established legal principles and Practice Direction 12J. The decision to refuse direct contact was premature and not justified by the findings of fact or the evidence of risk, especially given the lack of risk assessment and available intervention programmes.

Parties
Appellant (father): MK; 1st Respondent (mother): FP; 2nd Respondent (children, by Guardian): Children (AK and IK)
Jurisdiction
England and Wales
Judgment Date
19 February 2016
Procedural Posture
Appeal / Judgment on Appeal From Child Arrangements Order
Outcome
Appeal allowed
Legal Topics
Child Arrangements, Contact Orders, Domestic Violence, Welfare of the Child, Parental Responsibility
Family Law Child Law Child Arrangements Contact Orders Domestic Violence Welfare of the Child Parental Responsibility

Case Brief

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Parties

MK

Appellant (father)

FP

1st Respondent (mother)

Children (AK and IK)

2nd Respondent (children, by Guardian)

Procedural Posture

Appeal / Judgment on Appeal From Child Arrangements Order

Legal Issues

  1. 1 Whether the recorder failed to consider alternative means to introduce direct contact between father and children
  2. 2 Whether refusal of direct contact was justified given the findings of fact
  3. 3 Whether the welfare checklist and Practice Direction 12J were properly applied

Ratio Decidendi

The recorder erred by failing to consider and attempt all available alternatives to facilitate direct contact between the father and his children, as required by established legal principles and Practice Direction 12J. The decision to refuse direct contact was premature and not justified by the findings of fact or the evidence of risk, especially given the lack of risk assessment and available intervention programmes.

Court Disposition

Appeal allowed

Orders

  • Order refusing direct contact set aside
  • Matter remitted to the Designated Family Judge at Exeter for directions, case management, and future allocation