EH v FT

Direct contact between the father and the children is not in the children's best interests at this time due to the risk of significant emotional harm, trauma, and regression, given the children's current psychological state, their expressed wishes, and the father's limitations. Only indirect contact is appropriate, and the mother should exercise day-to-day parental responsibility without further consultation with the father.

Parties: Applicant: EH; Respondent: FT
Jurisdiction: England and Wales
Judgment Date: 16 April 2023
Procedural Posture: Children Act 1989 Private Law Application / Final Judgment
Outcome: Application for direct contact refused; indirect contact ordered
Legal Topics: Child Arrangements, Parental Responsibility, Domestic Abuse, Contact Orders

Family Law Child Arrangements Parental Responsibility Domestic Abuse Contact Orders

Case Brief

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Parties

Applicant

Respondent

Procedural Posture

Children Act 1989 Private Law Application / Final Judgment

Legal Issues

1 Whether direct or indirect contact between the father and children is in the children's best interests
2 How parental responsibility should be exercised if direct contact is not ordered

Ratio Decidendi

Court Disposition

Application for direct contact refused; indirect contact ordered

Orders

Children to live with the mother
Indirect contact between father and children by way of letters and photographs, initially monthly or every two months