Re P-K (Children)

Re P-K (Children)

The combination of serious findings of domestic abuse, threats to kill, and the risk assessment showing ongoing risk to the mother and children justified the exceptional order for indirect contact only. The erroneous finding of risk of kidnap did not affect the outcome, as the other findings and risk assessment were sufficient to support the decision.

Parties
Applicant/respondent: M (Mother); Appellant: F (Father); Subjects: AK and PK (Children)
Jurisdiction
England and Wales
Judgment Date
11 December 2014
Procedural Posture
Appeal Private Law Children Proceedings / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Contact Orders, Domestic Violence, Risk Assessment, Welfare of the Child
Family Law Child Law Contact Orders Domestic Violence Risk Assessment Welfare of the Child

Case Brief

Summary, issues, holding and outcome

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Parties

M (Mother)

Applicant/respondent

F (Father)

Appellant

AK and PK (Children)

Subjects

Procedural Posture

Appeal Private Law Children Proceedings / Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in refusing direct contact between the father and the children
  2. 2 Whether the judge properly considered the CAFCASS evidence and recommendations
  3. 3 Whether the judge conducted the required balancing exercise regarding contact

Ratio Decidendi

The combination of serious findings of domestic abuse, threats to kill, and the risk assessment showing ongoing risk to the mother and children justified the exceptional order for indirect contact only. The erroneous finding of risk of kidnap did not affect the outcome, as the other findings and risk assessment were sufficient to support the decision.

Court Disposition

Appeal dismissed

Orders

  • No direct contact between father and children
  • Indirect contact to be facilitated by a third party