C v P & Ors [2017] EWFC 23 (11 April 2017)

C v P & Ors [2017] EWFC 23 (11 April 2017)

The court found that the evidence did not support the mother’s allegations of physical abuse or neglect by the father or grandmother. The bruising to S was unlikely to have occurred in Sweden as alleged, and the medical evidence did not support a finding of serious injury or neglect. The children’s negative views about contact were found to be significantly influenced by the mother’s hostility and conduct. The welfare of the children required that contact with their father and paternal family be re-established, with appropriate safeguards and professional support.

Citation
[2017] EWFC 23
Parties
Applicant: C; 1st Respondent (children's Father): P; 2nd & 3rd Respondents (children): S & N; Intervener (paternal Grandmother): G
Jurisdiction
England and Wales
Judgment Date
11 April 2017
Procedural Posture
Private Law Children Proceedings Under Children Act 1989 / Fact Finding Hearing and Determination of Child Arrangements Applications
Outcome
Mother’s application to discharge the contact order is refused; contact with the father is to resume with safeguards.
Legal Topics
Child Arrangements, Contact Orders, Parental Responsibility, Allegations of Abuse, Fact Finding, Welfare of the Child
Family Law Child Arrangements Contact Orders Parental Responsibility Allegations of Abuse Fact Finding Welfare of the Child

Case Brief

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Parties

C

Applicant

P

1st Respondent (children's Father)

S & N

2nd & 3rd Respondents (children)

G

Intervener (paternal Grandmother)

Procedural Posture

Private Law Children Proceedings Under Children Act 1989 / Fact Finding Hearing and Determination of Child Arrangements Applications

Legal Issues

  1. 1 Whether the paternal grandmother physically abused S during contact in Sweden
  2. 2 Whether the father failed to protect S or bullied the children
  3. 3 Whether the mother was justified in suspending contact and seeking discharge of the contact order

Ratio Decidendi

The court found that the evidence did not support the mother’s allegations of physical abuse or neglect by the father or grandmother. The bruising to S was unlikely to have occurred in Sweden as alleged, and the medical evidence did not support a finding of serious injury or neglect. The children’s negative views about contact were found to be significantly influenced by the mother’s hostility and conduct. The welfare of the children required that contact with their father and paternal family be re-established, with appropriate safeguards and professional support.

Court Disposition

Mother’s application to discharge the contact order is refused; contact with the father is to resume with safeguards.

Orders

  • Contact between the children and their father to resume as per previous orders, with professional support and safeguards in place.
  • Short-term suspension of contact with the paternal grandmother (G), subject to review.