HK (A Child), Re

HK (A Child), Re

Direct contact between H and the Father is not in H's welfare interests due to the Father's lack of motivation, inconsistency, absence of insight into his offending, and risk of emotional harm to H and the Mother; indirect contact is appropriate to mitigate harm from absence of relationship.

Parties
Applicant: JK; Respondent: LM
Jurisdiction
England and Wales
Judgment Date
11 November 2024
Procedural Posture
Child Arrangements Application / Final Judgment
Outcome
Child arrangements order varied; direct contact refused; indirect contact permitted.
Legal Topics
Child Arrangements, Parental Responsibility, Welfare of the Child, Indirect Contact, Risk Assessment, Domestic Abuse Allegations, Immigration Status Impact
Family Law Child Arrangements Parental Responsibility Welfare of the Child Indirect Contact Risk Assessment Domestic Abuse Allegations Immigration Status Impact

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Parties

JK

Applicant

LM

Respondent

Procedural Posture

Child Arrangements Application / Final Judgment

Legal Issues

  1. 1 Whether to discharge or vary the existing child arrangements order
  2. 2 Assessment of parental commitment and motivation
  3. 3 Risk to the child and mother from father's conviction

Ratio Decidendi

Direct contact between H and the Father is not in H's welfare interests due to the Father's lack of motivation, inconsistency, absence of insight into his offending, and risk of emotional harm to H and the Mother; indirect contact is appropriate to mitigate harm from absence of relationship.

Court Disposition

Child arrangements order varied; direct contact refused; indirect contact permitted.

Orders

  • H to live with the Mother.
  • No direct contact between H and the Father.