W (Children), Re [2012] EWCA Civ 1788 (15 November 2012)

W (Children), Re [2012] EWCA Civ 1788 (15 November 2012)

The judge was entitled to make the findings of fact regarding the father's behaviour and its impact, provided cogent reasons for departing from the section 7 report, and correctly applied the legal principles governing contact; therefore, the appeal is dismissed.

Citation
[2012] EWCA Civ 1788
Parties
Appellant Father: MW; Respondent Mother: SW
Jurisdiction
England and Wales
Judgment Date
15 November 2012
Procedural Posture
Family Law Appeal / Appeal From Chelmsford County Court Decision on Contact Arrangements
Outcome
Appeal dismissed
Legal Topics
Contact Orders, Child Welfare, Parental Responsibility, Domestic Violence, Appeals
Family Law Child Welfare Contact Orders Parental Responsibility Domestic Violence Appeals

Case Brief

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Parties

MW

Appellant Father

SW

Respondent Mother

Procedural Posture

Family Law Appeal / Appeal From Chelmsford County Court Decision on Contact Arrangements

Legal Issues

  1. 1 Whether the judge erred in law by failing to consider all options for contact before ordering no direct contact
  2. 2 Whether findings of fact regarding the father's behaviour and its impact on the mother and children were supported by evidence
  3. 3 Whether the judge was wrong to reject the section 7 report's recommendation for supervised contact

Ratio Decidendi

The judge was entitled to make the findings of fact regarding the father's behaviour and its impact, provided cogent reasons for departing from the section 7 report, and correctly applied the legal principles governing contact; therefore, the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • No direct contact between father and children; indirect contact permitted
  • Application for supervised contact refused