D v H [2011] EWHC 3521 (Fam) (17 August 2011)

D v H [2011] EWHC 3521 (Fam) (17 August 2011)

The court held that it could not justify abandoning the quest for contact at this stage, as the father has something to offer the child and the harm from further attempts at contact is proportionate to the potential benefits. However, the court also found it would be wrong to leave the matter solely to the parents without professional intervention, given the entrenched positions and risk of conflict. The court ordered further professional involvement to assess and facilitate contact, with indirect contact to continue in the interim, and reserved applications to itself to prevent re-litigation of past matters.

Citation
[2011] EWHC 3521 (Fam)
Parties
Applicant Father: D; Respondent Mother: H; Guardian: Guardian ad Litem
Jurisdiction
England and Wales
Judgment Date
17 August 2011
Procedural Posture
Children Act Proceedings (contact Dispute) / Final Hearing and Judgment
Outcome
Further professional intervention ordered; indirect contact to continue; final order deferred pending expert's plan.
Legal Topics
Child Contact, Welfare of the Child, Section 1 Children Act 1989, Judicial Continuity, Expert Evidence, Indirect Contact, Parental Responsibility
Family Law Child Contact Welfare of the Child Section 1 Children Act 1989 Judicial Continuity Expert Evidence Indirect Contact Parental Responsibility

Case Brief

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Parties

D

Applicant Father

H

Respondent Mother

Guardian ad Litem

Guardian

Procedural Posture

Children Act Proceedings (contact Dispute) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether to terminate, define, or enforce contact between E and her father
  2. 2 Whether further professional intervention is justified to facilitate contact
  3. 3 How to balance the child's expressed wishes with her welfare as the paramount consideration

Ratio Decidendi

The court held that it could not justify abandoning the quest for contact at this stage, as the father has something to offer the child and the harm from further attempts at contact is proportionate to the potential benefits. However, the court also found it would be wrong to leave the matter solely to the parents without professional intervention, given the entrenched positions and risk of conflict. The court ordered further professional involvement to assess and facilitate contact, with indirect contact to continue in the interim, and reserved applications to itself to prevent re-litigation of past matters.

Court Disposition

Further professional intervention ordered; indirect contact to continue; final order deferred pending expert's plan.

Orders

  • Indirect contact (cards, presents, reasonable communication) to continue, with conditions on the mother to draw communications to the child's attention, encourage and facilitate response.
  • Mother required to make child available to expert and for contact as required by expert or court.