A & B (Children)

A & B (Children)

There are reasonable grounds for believing the children are suffering significant emotional harm; enforcement of contact or committal is not appropriate at this stage. Further expert assessment is required before final welfare-based decisions. Applications for committal and enforcement are dismissed; residence and costs applications are adjourned; contact orders are suspended pending further psychiatric evaluation.

Parties
Applicant: F1; Applicant: F2; Respondent: M1; Respondent: M2; Child: A; Child: B
Jurisdiction
England and Wales
Judgment Date
31 July 2013
Procedural Posture
Family / Ruling on Cross Applications and Interim Orders
Outcome
Applications for committal and enforcement dismissed; residence, costs, and discharge/variation applications adjourned; contact order suspended pending expert report.
Legal Topics
Contact Enforcement, Residence Orders, Emotional Harm, Mental Health, Paternity Testing, Public Law Intervention
Family Law Child Welfare Contact Enforcement Residence Orders Emotional Harm Mental Health Paternity Testing Public Law Intervention

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Parties

F1

Applicant

F2

Applicant

M1

Respondent

M2

Respondent

A

Child

B

Child

Procedural Posture

Family / Ruling on Cross Applications and Interim Orders

Legal Issues

  1. 1 Whether contact between children and applicants should be enforced
  2. 2 Whether residence should be transferred
  3. 3 Whether significant emotional harm justifies public law intervention

Ratio Decidendi

There are reasonable grounds for believing the children are suffering significant emotional harm; enforcement of contact or committal is not appropriate at this stage. Further expert assessment is required before final welfare-based decisions. Applications for committal and enforcement are dismissed; residence and costs applications are adjourned; contact orders are suspended pending further psychiatric evaluation.

Court Disposition

Applications for committal and enforcement dismissed; residence, costs, and discharge/variation applications adjourned; contact order suspended pending expert report.

Orders

  • Dr. Berelowitz to urgently assess children's emotional well-being and report on specified issues.
  • No order for contact pending further report; indirect contact limited to birthdays and Christmas.