P (Children), Re

P (Children), Re

The judge failed to fully consider the potential benefit of counselling and therapy for both parents before making a final order restricting contact to indirect only. This omission was a material error in the exercise of discretion, warranting the setting aside of the order and a rehearing.

Parties
Appellant/father: Mr P; Respondent/mother: Mrs P; Respondents/children: Children (GrP, JoP, JuP, GiP)
Jurisdiction
England and Wales
Judgment Date
12 November 2008
Procedural Posture
Appeal (family Law Children) / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; order set aside; retrial ordered before a different judge if possible.
Legal Topics
Contact Orders, Residence Orders, Exercise of Judicial Discretion, Welfare of the Child, Indirect Contact, Supervised Contact, Disclosure of School Information
Family Law Children Law Contact Orders Residence Orders Exercise of Judicial Discretion Welfare of the Child Indirect Contact Supervised Contact +1 more

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Parties

Mr P

Appellant/father

Mrs P

Respondent/mother

Children (GrP, JoP, JuP, GiP)

Respondents/children

Procedural Posture

Appeal (family Law Children) / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing direct contact between father and children
  2. 2 Whether the embargo on disclosing the identity of the children's school was justified
  3. 3 Whether the judge failed to consider the role of counselling and therapy for the parents

Ratio Decidendi

The judge failed to fully consider the potential benefit of counselling and therapy for both parents before making a final order restricting contact to indirect only. This omission was a material error in the exercise of discretion, warranting the setting aside of the order and a rehearing.

Court Disposition

Appeal allowed; order set aside; retrial ordered before a different judge if possible.

Orders

  • Paragraphs 2 and 3 of the judge’s order set aside, including discharge of the children's guardian.
  • No direct contact pending rehearing; indirect contact to continue.