AA v BB & Ors

AA v BB & Ors

The judge erred by making the progression of contact contingent on the outcome of criminal proceedings rather than assessing risk based on all available evidence in the family court. The family court must independently determine whether physical and emotional safety can be secured before, during, and after contact.

Parties
Appellant: AA; Respondent: BB; Respondent: C & D, THE CHILDREN (via their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
14 January 2025
Procedural Posture
Family Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Child Arrangements, Domestic Abuse, Contact Orders, Risk Assessment, Appeal Procedure
Family Law Child Arrangements Domestic Abuse Contact Orders Risk Assessment Appeal Procedure

Case Brief

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Parties

AA

Appellant

BB

Respondent

C & D, THE CHILDREN (via their Children’s Guardian)

Respondent

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge erred in making a final contact order contingent on the outcome of a criminal investigation.
  2. 2 Whether the judge failed to properly apply Practice Direction 12J, paras.35-37, in assessing risk of harm from contact.

Ratio Decidendi

The judge erred by making the progression of contact contingent on the outcome of criminal proceedings rather than assessing risk based on all available evidence in the family court. The family court must independently determine whether physical and emotional safety can be secured before, during, and after contact.

Court Disposition

appeal allowed

Orders

  • Order for contact to increase and move to unsupervised is set aside.
  • Case remitted to the judge for further directions and case management hearing.