CW & Ors v TW [2011] EWHC 76 (Fam) (01 February 2011)

CW & Ors v TW [2011] EWHC 76 (Fam) (01 February 2011)

The father (TW) was found in contempt of court for breaching a court order prohibiting him from approaching the children's school, based on direct evidence and his own admission. The paternal grandparents' application for direct contact was granted on a cautious, supervised basis, subject to a further report, due to concerns about their partisanship and the need to protect the children's welfare.

Citation
[2011] EWHC 76 (Fam)
Parties
Applicant: CW; Applicant: CHW; Applicant: BAW; 1st Respondent: TW; 2nd Respondent (child, by Guardian Ad Litem, Nyas): OW; 2nd Respondent (child, by Guardian Ad Litem, Nyas): YW
Jurisdiction
England and Wales
Judgment Date
01 February 2011
Procedural Posture
Family Law Child Contact and Committal Applications / Judgment After Hearing Applications for Committal and Direct Contact
Outcome
Father found in contempt of court; sentencing adjourned. Grandparents granted supervised direct contact, subject to further review.
Legal Topics
Child Contact, Committal for Contempt, Grandparent Contact Rights, Best Interests of the Child
Family Law Child Contact Committal for Contempt Grandparent Contact Rights Best Interests of the Child

Case Brief

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Parties

CW

Applicant

CHW

Applicant

BAW

Applicant

TW

1st Respondent

OW

2nd Respondent (child, by Guardian Ad Litem, Nyas)

YW

2nd Respondent (child, by Guardian Ad Litem, Nyas)

Procedural Posture

Family Law Child Contact and Committal Applications / Judgment After Hearing Applications for Committal and Direct Contact

Legal Issues

  1. 1 Whether the father (TW) is in contempt of court for breaching a court order
  2. 2 Whether the paternal grandparents (CHW and BAW) should be granted direct contact with the children

Ratio Decidendi

The father (TW) was found in contempt of court for breaching a court order prohibiting him from approaching the children's school, based on direct evidence and his own admission. The paternal grandparents' application for direct contact was granted on a cautious, supervised basis, subject to a further report, due to concerns about their partisanship and the need to protect the children's welfare.

Court Disposition

Father found in contempt of court; sentencing adjourned. Grandparents granted supervised direct contact, subject to further review.

Orders

  • Father (TW) found in contempt for breach of court order; sentencing to be fixed at a later date.
  • Grandparents (CHW and BAW) granted a single supervised contact visit with the children at a contact centre, subject to NYAS approval and further report.