F v J & Ors [2024] EWHC 2802 (Fam) (24 October 2024)

F v J & Ors [2024] EWHC 2802 (Fam) (24 October 2024)

The court balanced the benefit to L of developing a relationship with his biological father against the risk of J and B's ability to parent L being compromised by stress from contact. The court preferred the Guardian's cautious recommendation for a gradual increase in contact frequency, starting at every 8 weeks and moving to every 4 weeks after 12 months, with duration increasing as L grows older. Parental responsibility was refused to F, as granting it would risk destabilising J and was not in L's best interests given the limited contact and the specific issue orders to keep F informed.

Citation
[2024] EWHC 2802 (Fam)
Parties
Applicant: F; First Respondent: J; Second Respondent: B; Third Respondent: L (via his Cafcass rule 16.4 Guardian, Allison Baker)
Jurisdiction
England and Wales
Judgment Date
24 October 2024
Procedural Posture
Child Arrangements and Parental Responsibility Application / Final Judgment After Contested Hearing
Outcome
Application for parental responsibility refused; child arrangements order made for contact as per Guardian's recommendation; specific issue orders granted to keep F informed of significant matters.
Legal Topics
Child Arrangements Order, Parental Responsibility, Contact Orders, Welfare of the Child, Specific Issue Orders
Family Law Child Arrangements Order Parental Responsibility Contact Orders Welfare of the Child Specific Issue Orders

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Parties

F

Applicant

J

First Respondent

B

Second Respondent

L (via his Cafcass rule 16.4 Guardian, Allison Baker)

Third Respondent

Procedural Posture

Child Arrangements and Parental Responsibility Application / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Should the applicant (F) be granted parental responsibility for L?
  2. 2 What contact arrangements should be made between F and L?

Ratio Decidendi

The court balanced the benefit to L of developing a relationship with his biological father against the risk of J and B's ability to parent L being compromised by stress from contact. The court preferred the Guardian's cautious recommendation for a gradual increase in contact frequency, starting at every 8 weeks and moving to every 4 weeks after 12 months, with duration increasing as L grows older. Parental responsibility was refused to F, as granting it would risk destabilising J and was not in L's best interests given the limited contact and the specific issue orders to keep F informed.

Court Disposition

Application for parental responsibility refused; child arrangements order made for contact as per Guardian's recommendation; specific issue orders granted to keep F informed of significant matters.

Orders

  • Lives with order in favour of J and B.
  • Contact order: F to have direct contact with L every 8 weeks, increasing to every 4 weeks after 12 months, with duration increasing as L ages.