Father v Mother & Anor

Father v Mother & Anor

The court determined that the children's clear desire to maintain a relationship with their father outweighs the mother's opposition, but the frequency and facilitation of contact must be balanced to minimize impact on the mother and avoid coercive control. Three in-person visits per year and monthly phone calls are ordered, with the guardian facilitating the first visit and liberty to apply if circumstances change.

Parties
Applicant: Father; First Respondent: Mother; Second Respondent: The Children (By their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
08 April 2025
Procedural Posture
Family / Judgment
Outcome
Contact between the children and their father is ordered, with restrictions and facilitation measures.
Legal Topics
Child Contact, Parental Rights, Impact of Criminal Conviction on Contact, Section 91(14) Order
Family Law Child Contact Parental Rights Impact of Criminal Conviction on Contact Section 91(14) Order

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Parties

Father

Applicant

Mother

First Respondent

The Children (By their Children’s Guardian)

Second Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 What contact should be ordered between the children and their father given the father's conviction for rape of the mother
  2. 2 Balancing the children's wishes with the mother's opposition and concerns about risk
  3. 3 Appropriate frequency and facilitation of contact

Ratio Decidendi

The court determined that the children's clear desire to maintain a relationship with their father outweighs the mother's opposition, but the frequency and facilitation of contact must be balanced to minimize impact on the mother and avoid coercive control. Three in-person visits per year and monthly phone calls are ordered, with the guardian facilitating the first visit and liberty to apply if circumstances change.

Court Disposition

Contact between the children and their father is ordered, with restrictions and facilitation measures.

Orders

  • Three in-person visits per year, facilitated by Ms A, dates to be agreed or set by Ms Lawson-Hughes
  • Monthly phone call, preferably on the last Sunday of the month