J & K v M

The impact on the mother, as the child’s primary carer, of being compelled to support direct contact with the Applicants would be emotionally traumatic and would negatively affect the child’s welfare. The benefits of contact do not outweigh the risks of emotional harm to the child through the mother’s distress. Indirect contact via letters, cards, and presents is appropriate, and no further applications should be made for at least three years.

Parties: Applicant: J; Applicant: K; First Respondent: M; Second Respondent: F
Jurisdiction: England and Wales
Judgment Date: 23 November 2024
Procedural Posture: Family / Final Judgment After Remittal on Appeal
Outcome: Application for direct contact refused; indirect contact allowed; no further applications for three years.
Legal Topics: Child Arrangements, Grandparent Contact, Welfare Principle, Section 91(14) Orders

Family Law Child Arrangements Grandparent Contact Welfare Principle Section 91(14) Orders

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Parties

Applicant

First Respondent

Second Respondent

Procedural Posture

Family / Final Judgment After Remittal on Appeal

Legal Issues

1 Whether direct contact between the child and paternal grandparents is in the child's best interests
2 Whether a section 91(14) order restricting further applications should be made

Ratio Decidendi

Court Disposition

Application for direct contact refused; indirect contact allowed; no further applications for three years.

Orders

No direct contact between the Applicants and the child.
Applicants permitted to send monthly letters, cards, and presents to the child.