NH v JH

NH v JH

Direct contact with the father or AH would cause significant harm to the children and/or unsettle the mother, risking further emotional and psychological harm. Protective orders must remain in force. Indirect contact via monitored letters/cards once per year is appropriate. Wardship discharged; children to live with mother. Section 91(14) order not made at this stage but future applications reserved to the judge.

Parties
Applicant Mother: NH; First Respondent Father: JH; Second Respondent Paternal Aunt: SH; Third Respondent Paternal Uncle: AH; Fourth Respondent Paternal Uncle: HH
Jurisdiction
England and Wales
Judgment Date
26 February 2015
Procedural Posture
Family / Final Judgment
Outcome
Wardship discharged; child arrangements order in favour of mother; indirect contact orders for father and AH; all protective injunctive orders continued; section 91(14) order not made; future applications reserved to judge.
Legal Topics
Child Arrangements, Wardship, Child Abduction, Contact Orders, Protective Orders
Family Law Child Welfare Child Arrangements Wardship Child Abduction Contact Orders Protective Orders

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Parties

NH

Applicant Mother

JH

First Respondent Father

SH

Second Respondent Paternal Aunt

AH

Third Respondent Paternal Uncle

HH

Fourth Respondent Paternal Uncle

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the children should live with the mother or father
  2. 2 Whether direct or indirect contact with the father and AH is appropriate
  3. 3 Whether protective orders should remain in force

Ratio Decidendi

Direct contact with the father or AH would cause significant harm to the children and/or unsettle the mother, risking further emotional and psychological harm. Protective orders must remain in force. Indirect contact via monitored letters/cards once per year is appropriate. Wardship discharged; children to live with mother. Section 91(14) order not made at this stage but future applications reserved to the judge.

Court Disposition

Wardship discharged; child arrangements order in favour of mother; indirect contact orders for father and AH; all protective injunctive orders continued; section 91(14) order not made; future applications reserved to judge.

Orders

  • Wardship discharged for all three children.
  • Child arrangements order: children to live with mother.