C (A Child), Re

C (A Child), Re

The judge's order for staying contact was made contrary to unanimous professional advice, without adequate explanation for departing from the guardian's recommendation, and was inconsistent with the welfare of the child. The urgency and method of enforcing contact were misguided given the child's emotional distress and suicidal ideation.

Parties
Applicant: Applicant mother; First and Second Respondents: Paternal grandparents; Third Respondent: Father; Fourth Respondent: Child (by guardian ad litem)
Jurisdiction
England and Wales
Judgment Date
21 January 2010
Procedural Posture
Appeal / Application for Permission to Appeal and Substantive Appeal
Outcome
Appeal allowed; order for contact set aside.
Legal Topics
Child Contact, Welfare of the Child, Appeal Procedure, Discretion of Judge, Professional Recommendations
Family Law Child Contact Welfare of the Child Appeal Procedure Discretion of Judge Professional Recommendations

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Parties

Applicant mother

Applicant

Paternal grandparents

First and Second Respondents

Father

Third Respondent

Child (by guardian ad litem)

Fourth Respondent

Procedural Posture

Appeal / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the judge erred in making an order for staying contact contrary to unanimous professional advice
  2. 2 Whether the judge failed to provide adequate reasoning for departing from the guardian's recommendation
  3. 3 Whether the urgency and method of enforcing contact was appropriate given the child's welfare

Ratio Decidendi

The judge's order for staying contact was made contrary to unanimous professional advice, without adequate explanation for departing from the guardian's recommendation, and was inconsistent with the welfare of the child. The urgency and method of enforcing contact were misguided given the child's emotional distress and suicidal ideation.

Court Disposition

Appeal allowed; order for contact set aside.

Orders

  • Permission to appeal granted.
  • Appeal allowed.