F v H & Anor [2017] EWHC 3358 (Fam) (19 December 2017)

F v H & Anor [2017] EWHC 3358 (Fam) (19 December 2017)

The judge erred in relying on the guardian's recommendation for direct supervised contact without adequate psychiatric assessment and analysis of the mother's behaviour, given the history of harm and abduction. The guardian was not qualified to assess the child's resilience or the mother's mental state, and the decision failed to prioritise the child's welfare and safety as required by law.

Citation
[2017] EWHC 3358 (Fam)
Parties
Applicant: F; 1st Respondent: H; 2nd Respondent: B (by her guardian)
Jurisdiction
England and Wales
Judgment Date
19 December 2017
Procedural Posture
Appeal / Judgment on Appeal Against Child Arrangements Order
Outcome
Appeal allowed; order of 9th August 2017 set aside.
Legal Topics
Child Arrangements Order, Child Abduction, Psychiatric Assessment, Contact Orders, Best Interests of the Child
Family Law Child Welfare Child Arrangements Order Child Abduction Psychiatric Assessment Contact Orders Best Interests of the Child

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Parties

F

Applicant

H

1st Respondent

B (by her guardian)

2nd Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Child Arrangements Order

Legal Issues

  1. 1 Whether direct supervised contact between B and her mother should be permitted without prior psychiatric assessment and treatment of the mother
  2. 2 Whether the guardian's recommendation for contact was sufficiently informed and qualified
  3. 3 Whether the judge's reliance on the guardian's recommendation was justified given the history of harm and abduction

Ratio Decidendi

The judge erred in relying on the guardian's recommendation for direct supervised contact without adequate psychiatric assessment and analysis of the mother's behaviour, given the history of harm and abduction. The guardian was not qualified to assess the child's resilience or the mother's mental state, and the decision failed to prioritise the child's welfare and safety as required by law.

Court Disposition

Appeal allowed; order of 9th August 2017 set aside.

Orders

  • Order for direct supervised contact between B and her mother is set aside.
  • No direct contact to occur until proper psychiatric assessment and professional intervention regarding the mother.