O (Children) (Privilege against Self-Incrimination), Re

O (Children) (Privilege against Self-Incrimination), Re

The father's privilege against self-incrimination does not justify adjourning the final hearing. He is entitled to refuse to answer incriminating questions but must engage with the proceedings. Delay would prejudice the welfare of the children. Final child arrangements orders are appropriate and necessary.

Source-derived case information.

Parties
Applicant: M; Respondent: F
Jurisdiction
England and Wales
Judgment Date
07 February 2023
Procedural Posture
Private Law Children Proceedings / Final Hearing and Determination of Application to Adjourn
Outcome
Father's application to adjourn refused; final child arrangements orders made.
Legal Topics
Child Arrangements, Privilege Against Self Incrimination, Adjournment, Domestic Abuse, Contact Orders
Family Law Child Arrangements Privilege Against Self Incrimination Adjournment Domestic Abuse Contact Orders

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Parties

M

Applicant

F

Respondent

Procedural Posture

Private Law Children Proceedings / Final Hearing and Determination of Application to Adjourn

Legal Issues

  1. 1 Whether the father's privilege against self-incrimination justifies adjourning the final hearing until after criminal proceedings
  2. 2 Whether final or interim child arrangements orders should be made
  3. 3 Appropriate arrangements for contact between father and children given findings of domestic abuse

Ratio Decidendi

The father's privilege against self-incrimination does not justify adjourning the final hearing. He is entitled to refuse to answer incriminating questions but must engage with the proceedings. Delay would prejudice the welfare of the children. Final child arrangements orders are appropriate and necessary.

Court Disposition

Father's application to adjourn refused; final child arrangements orders made.

Orders

  • Final child arrangements orders reflecting agreed and determined contact, including additional contact during school holidays, with supervision provisions to remain in place.
  • No variation to supervision regime without agreement of the mother.