C v D

C v D

On the balance of probabilities, the father used stress positions as a form of punishment/physical chastisement of E. This creates a significant risk of harm if overnight or extended contact is permitted without safeguards. The welfare of the children is best served by maintaining current daytime contact arrangements, with any progression to overnight or holiday contact contingent on the father demonstrating meaningful change in his parenting approach and the implementation of safety measures.

Parties
Applicant: C; Respondent: D; Children’s Guardian: Children’s Guardian (Sarah Gwynne)
Jurisdiction
England and Wales
Judgment Date
18 November 2024
Procedural Posture
Child Arrangements Order (family) / Final Hearing With Fact Finding
Outcome
Application for extended contact/overnight stays refused at this stage; current daytime contact maintained.
Legal Topics
Child Arrangements Order, Physical Chastisement, Parental Responsibility, Welfare of the Child, Fact Finding Hearing
Family Law Child Law Child Arrangements Order Physical Chastisement Parental Responsibility Welfare of the Child Fact Finding Hearing

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Parties

C

Applicant

D

Respondent

Children’s Guardian (Sarah Gwynne)

Children’s Guardian

Procedural Posture

Child Arrangements Order (family) / Final Hearing With Fact Finding

Legal Issues

  1. 1 Whether the father used stress positions as a form of punishment/physical chastisement of E
  2. 2 What child arrangements are in the best interests of E and F

Ratio Decidendi

On the balance of probabilities, the father used stress positions as a form of punishment/physical chastisement of E. This creates a significant risk of harm if overnight or extended contact is permitted without safeguards. The welfare of the children is best served by maintaining current daytime contact arrangements, with any progression to overnight or holiday contact contingent on the father demonstrating meaningful change in his parenting approach and the implementation of safety measures.

Court Disposition

Application for extended contact/overnight stays refused at this stage; current daytime contact maintained.

Orders

  • Children to live with their mother.
  • Father to have contact with the children for four hours per month during the daytime.