C (A Child), Re [2011] EWCA Civ 521 (06 May 2011)

C (A Child), Re [2011] EWCA Civ 521 (06 May 2011)

The trial judge was entitled to suspend direct contact for 18 months and impose a section 91(14) order based on the weight of expert and guardian evidence indicating that immediate contact would be detrimental to the child's welfare, and that the mother needed to address her emotional and behavioural issues before contact could safely resume. The judge applied the correct legal principles, gave the case anxious scrutiny, and had sufficient evidence to make the decision without further expert assessment.

Citation
[2011] EWCA Civ 521
Parties
Appellant (mother): AL; First Respondent (father): JH; Second Respondent (child): C (by her guardian)
Jurisdiction
England and Wales
Judgment Date
06 May 2011
Procedural Posture
Appeal (family Law Child Contact) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Child Contact, Residence Orders, Section 91(14) Children Act 1989, Article 8 ECHR, Expert Evidence, Welfare Checklist, Suspension of Contact, Appeal Procedure
Family Law Child Law Human Rights Child Contact Residence Orders Section 91(14) Children Act 1989 Article 8 ECHR Expert Evidence +3 more

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Parties

AL

Appellant (mother)

JH

First Respondent (father)

C (by her guardian)

Second Respondent (child)

Procedural Posture

Appeal (family Law Child Contact) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the suspension of direct contact between mother and child for 18 months was justified
  2. 2 Whether the judge failed to apply the correct legal principles regarding contact and Article 8 rights
  3. 3 Whether further expert assessment was required before suspending contact

Ratio Decidendi

The trial judge was entitled to suspend direct contact for 18 months and impose a section 91(14) order based on the weight of expert and guardian evidence indicating that immediate contact would be detrimental to the child's welfare, and that the mother needed to address her emotional and behavioural issues before contact could safely resume. The judge applied the correct legal principles, gave the case anxious scrutiny, and had sufficient evidence to make the decision without further expert assessment.

Court Disposition

Appeal dismissed

Orders

  • Suspension of direct contact between mother and child for at least 18 months upheld
  • Section 91(14) order preventing mother from applying for direct contact without leave until 11 February 2012 upheld