W (Children), Re

W (Children), Re

The trial judge's decision to refuse direct contact was not supported by sufficiently cogent evidence and failed to consider all alternatives, particularly in light of the positive changes in the father, the lack of robust evidence of the mother's inability to support contact, and the guardian's recommendation. The judge placed undue reliance on the psychologist's limited assessment and the mother's presentation in court. The appeal was allowed and an order for supervised contact was made.

Parties
Appellant: Father; Respondent: Mother; Respondent: Children (A and B)
Jurisdiction
England and Wales
Judgment Date
24 July 2012
Procedural Posture
Appeal Family Law (children) / Judgment on Appeal From Swindon County Court, Final Appellate Decision
Outcome
Appeal allowed
Legal Topics
Contact Orders, Parental Responsibility, Welfare Principle, Enforcement of Contact, Therapeutic Intervention, Expert Evidence
Family Law Children Law Contact Orders Parental Responsibility Welfare Principle Enforcement of Contact Therapeutic Intervention Expert Evidence

Case Brief

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Parties

Father

Appellant

Mother

Respondent

Children (A and B)

Respondent

Procedural Posture

Appeal Family Law (children) / Judgment on Appeal From Swindon County Court, Final Appellate Decision

Legal Issues

  1. 1 Whether the trial judge erred in refusing direct contact between the father and his children
  2. 2 Whether the evidence was sufficiently cogent to justify a 'no contact' order
  3. 3 Whether the judge gave adequate reasons for departing from the guardian's recommendation

Ratio Decidendi

The trial judge's decision to refuse direct contact was not supported by sufficiently cogent evidence and failed to consider all alternatives, particularly in light of the positive changes in the father, the lack of robust evidence of the mother's inability to support contact, and the guardian's recommendation. The judge placed undue reliance on the psychologist's limited assessment and the mother's presentation in court. The appeal was allowed and an order for supervised contact was made.

Court Disposition

Appeal allowed

Orders

  • Order for direct contact between father and children under the supervision of the NYAS guardian and with the assistance of the paternal aunt, HW, as set out in the guardian's report of 12 January 2012.
  • Matter remitted for directions before Baker J or another judge, excluding HHJ Marshall.