NH v JH [2015] EWFC 43 (26 February 2015)

NH v JH [2015] EWFC 43 (26 February 2015)

Direct contact with the father or AH would pose a significant risk of emotional and psychological harm to the children and/or undermine the mother's stability, which is essential to the children's welfare. The father's views and conduct show he remains a risk. Only limited, monitored indirect contact is appropriate. Protective orders must remain in force. Wardship is discharged and a child arrangements order is made for the children to live with the mother.

Citation
[2015] EWFC 43
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 Law Child Arrangements and Wardship / Final Judgment After Contested Hearing
Outcome
Wardship discharged; child arrangements order for children to live with mother; indirect contact only for father and AH; all protective orders continued; no section 91(14) order made.
Legal Topics
Child Arrangements Order, Wardship, Child Abduction, Contact Orders, Protective Orders, Section 91(14) Children Act 1989
Family Law Child Arrangements Order Wardship Child Abduction Contact Orders Protective Orders Section 91(14) Children Act 1989

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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 Law Child Arrangements and Wardship / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether to discharge wardship and make a child arrangements order for the children to live with the mother
  2. 2 Whether to permit direct or indirect contact between the children and the father or paternal uncle
  3. 3 Whether to continue protective orders against the father and his siblings

Ratio Decidendi

Direct contact with the father or AH would pose a significant risk of emotional and psychological harm to the children and/or undermine the mother's stability, which is essential to the children's welfare. The father's views and conduct show he remains a risk. Only limited, monitored indirect contact is appropriate. Protective orders must remain in force. Wardship is discharged and a child arrangements order is made for the children to live with the mother.

Court Disposition

Wardship discharged; child arrangements order for children to live with mother; indirect contact only for father and AH; all protective orders continued; no section 91(14) order made.

Orders

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