D v H

The court determined that it could not justify abandoning the quest for contact, as the father has something to offer the child and the harm from persisting with contact is proportionate to the potential advantages. However, direct contact should not be left solely to the parents at this stage; further professional assistance is required before implementing a contact regime.

Parties: Applicant Father: D; Respondent Mother: H; Guardian: Guardian ad Litem
Jurisdiction: England and Wales
Judgment Date: 17 August 2011
Procedural Posture: Family / Judgment After Final Hearing
Outcome: Further professional assistance to be sought before implementing direct contact; indirect contact ordered.
Legal Topics: Child Contact, Parental Responsibility, Welfare of the Child, Children Act 1989

Family Law Child Contact Parental Responsibility Welfare of the Child Children Act 1989

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Parties

Applicant Father

Respondent Mother

Guardian ad Litem

Guardian

Procedural Posture

Family / Judgment After Final Hearing

Legal Issues

1 Whether to terminate, define, or enforce contact between E and her father
2 Assessment of welfare and emotional needs of E
3 Appropriate court orders to manage contact

Ratio Decidendi

Court Disposition

Further professional assistance to be sought before implementing direct contact; indirect contact ordered.

Orders

Indirect contact ordered: reasonable cards and presents at Christmas and birthday, reasonable communication not exceeding once a month, with conditions on the mother to draw communications to E's attention, encourage and facilitate response.
Mother required to make E available to expert as required.