RH v BK [2007] EW Misc 7 (EWCC) (18 May 2007)

RH v BK [2007] EW Misc 7 (EWCC) (18 May 2007)

The court finds that increased staying contact is not in R's best interests due to the father's inability to meet R's emotional needs, the risk and evidence of emotional harm, and R's clear wishes. The father's repeated applications have caused distress and anxiety to R. A further section 91(14) order is necessary to protect R's welfare and prevent further emotional harm.

Citation
[2007] EW Misc 7 (EWCC)
Parties
Mother: BK; Father: RH; Child: R
Jurisdiction
England and Wales
Judgment Date
18 May 2007
Procedural Posture
Children Act 1989 Application (contact/residence) / Final Judgment on Father's Application for Redefinition of Contact
Outcome
Father's application for increased staying contact dismissed. Section 91(14) order granted.
Legal Topics
Child Contact, Residence Orders, Section 91(14) Children Act 1989, Emotional Harm, Intractable Contact Disputes
Family Law Child Contact Residence Orders Section 91(14) Children Act 1989 Emotional Harm Intractable Contact Disputes

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Parties

BK

Mother

RH

Father

R

Child

Procedural Posture

Children Act 1989 Application (contact/residence) / Final Judgment on Father's Application for Redefinition of Contact

Legal Issues

  1. 1 Whether further or increased staying contact between R and his father is in R's best interests
  2. 2 Whether a long-term section 91(14) order restricting further applications is justified
  3. 3 Assessment of emotional harm to R from ongoing litigation and parental hostility

Ratio Decidendi

The court finds that increased staying contact is not in R's best interests due to the father's inability to meet R's emotional needs, the risk and evidence of emotional harm, and R's clear wishes. The father's repeated applications have caused distress and anxiety to R. A further section 91(14) order is necessary to protect R's welfare and prevent further emotional harm.

Court Disposition

Father's application for increased staying contact dismissed. Section 91(14) order granted.

Orders

  • Visiting contact for one Saturday every four weeks
  • Maximum of four one-night staying contact visits per year during school holidays, only if R is happy to proceed