R ( A Child : Appeal : Termination of Contact)

R ( A Child : Appeal : Termination of Contact)

The judge failed to give sufficient weight to the long-term harm arising from the mother's emotional abuse and alienation, did not fully explore therapeutic options or the consequences of findings, and prematurely terminated efforts to promote direct contact; therefore, the decision to make a final order terminating direct contact was wrong.

Parties
Applicant: ME; 1st Respondent: MP; 2nd Respondent: R (Through his Children’s Guardian Samantha Ryall)
Jurisdiction
England and Wales
Judgment Date
29 January 2019
Procedural Posture
Family Appeal / Appeal From Child Arrangements and Contact Orders
Outcome
Appeal allowed in part
Legal Topics
Child Arrangements, Contact Termination, Section 91(14) Children Act 1989, Parental Alienation, Emotional Harm, Therapeutic Intervention
Family Law Child Welfare Child Arrangements Contact Termination Section 91(14) Children Act 1989 Parental Alienation Emotional Harm Therapeutic Intervention

Case Brief

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Parties

ME

Applicant

MP

1st Respondent

R (Through his Children’s Guardian Samantha Ryall)

2nd Respondent

Procedural Posture

Family Appeal / Appeal From Child Arrangements and Contact Orders

Legal Issues

  1. 1 Whether the judge gave sufficient weight to findings of emotional harm and parental alienation
  2. 2 Whether the refusal to order direct contact was disproportionate
  3. 3 Whether all reasonable steps to promote contact were taken

Ratio Decidendi

The judge failed to give sufficient weight to the long-term harm arising from the mother's emotional abuse and alienation, did not fully explore therapeutic options or the consequences of findings, and prematurely terminated efforts to promote direct contact; therefore, the decision to make a final order terminating direct contact was wrong.

Court Disposition

Appeal allowed in part

Orders

  • Direct contact issue to be reconsidered; no final order terminating contact
  • Section 91(14) order regarding contact discharged