F (A Child), Re [2002] EWCA Civ 849 (21 May 2002)

F (A Child), Re [2002] EWCA Civ 849 (21 May 2002)

The judge below erred by failing to properly reflect and record the expert evidence supporting gradual reintroduction of contact, and by imposing an excessive suspension period that risked irreparable harm to the father-child relationship. The order was not justified by the evidence and failed to balance all...

Source-derived case information.

Citation
[2002] EWCA Civ 849
Parties
Appellant Father: KF; Respondent Mother: MK; Child: H; Guardian: Guardian ad Litem
Jurisdiction
England and Wales
Judgment Date
21 May 2002
Procedural Posture
Family Law Appeal / Appeal From Newport County Court to Court of Appeal (civil Division)
Outcome
appeal allowed
Legal Topics
Child Contact, Residence Order, Psychiatric Evidence, Parental Violence, Judicial Discretion, Expert Evidence
Family Law Child Contact Residence Order Psychiatric Evidence Parental Violence Judicial Discretion Expert Evidence

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Summary, issues, holding and outcome

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Parties

KF

Appellant Father

MK

Respondent Mother

H

Child

Guardian ad Litem

Guardian

Procedural Posture

Family Law Appeal / Appeal From Newport County Court to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the judge erred in suspending direct contact between father and child for 18 months
  2. 2 Proper consideration of expert psychiatric evidence
  3. 3 Fairness of proceedings and judicial discretion in family contact cases

Ratio Decidendi

The judge below erred by failing to properly reflect and record the expert evidence supporting gradual reintroduction of contact, and by imposing an excessive suspension period that risked irreparable harm to the father-child relationship. The order was not justified by the evidence and failed to balance all relevant interests.

Court Disposition

appeal allowed

Orders

  • Father to have direct contact with child for one day a month, not to commence until mother's psychotherapeutic treatment begins
  • Case transferred to Family Division and listed before a judge of the Division