W (A Child), Re [2013] EWCA Civ 314 (21 February 2013)

The judge had regard to all relevant factors, balanced risks and safeguards, and her conclusion to restrict contact was not plainly wrong nor outside her discretion given the emergency circumstances and available assessments.

Citation: [2013] EWCA Civ 314
Parties: Appellant Mother: EM; First Respondent Local Authority: Warwickshire County Council; Second Respondent Father: William W; Third Respondent: Children's Guardian
Jurisdiction: England and Wales
Judgment Date: 21 February 2013
Procedural Posture: Family Law Appeal / Appeal From Interim Order
Outcome: Appeal dismissed
Legal Topics: Interim Care Order, Contact Restriction, Risk Assessment, Mother Child Bonding

Family Law Child Protection Interim Care Order Contact Restriction Risk Assessment Mother Child Bonding

Case Brief

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Parties

Appellant Mother

Warwickshire County Council

First Respondent Local Authority

William W

Second Respondent Father

Children's Guardian

Third Respondent

Procedural Posture

Family Law Appeal / Appeal From Interim Order

Legal Issues

1 Whether the judge erred in granting authority to restrict or prevent contact between mother and child under section 34.4
2 Whether the risks posed by the father and mother justified denial of contact
3 Whether protective measures could have enabled safe contact

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed; interim care order and contact restriction upheld; situation to be revisited on 28 February.