W (Children), Re

W (Children), Re

The judge was entitled to make the findings of fact regarding the father's behaviour, harassment, and harm to the mother, and to reject the section 7 report recommendation for supervised contact based on her exposure to the parties and evidence. The judge did not err in law and was not plainly wrong in concluding that no direct contact was in the children's best interests.

Parties
Appellant Father: MW; Respondent Mother: SW
Jurisdiction
England and Wales
Judgment Date
15 November 2012
Procedural Posture
Family / Appeal
Outcome
appeal dismissed
Legal Topics
Child Welfare, Contact Orders, Domestic Violence, Parental Responsibility
Family Law Child Welfare Contact Orders Domestic Violence Parental Responsibility

Case Brief

Summary, issues, holding and outcome

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Parties

MW

Appellant Father

SW

Respondent Mother

Procedural Posture

Family / Appeal

Legal Issues

  1. 1 Whether the judge erred in law by failing to consider all options for contact before concluding no direct contact
  2. 2 Whether findings of fact regarding harassment, harm to mother's health, and denigration were supported by evidence
  3. 3 Whether the judge was wrong to reject the section 7 report recommendation for supervised contact

Ratio Decidendi

The judge was entitled to make the findings of fact regarding the father's behaviour, harassment, and harm to the mother, and to reject the section 7 report recommendation for supervised contact based on her exposure to the parties and evidence. The judge did not err in law and was not plainly wrong in concluding that no direct contact was in the children's best interests.

Court Disposition

appeal dismissed

Orders

  • no direct contact between father and children
  • indirect contact to continue