K (Children), Re

K (Children), Re

The judge's decision to refuse direct contact between the father and the children was within the ambit of reasonable decisions, based on careful analysis of evidence, the welfare checklist, and the advice of the children's guardian; refusal to adjourn for expert evidence was not plainly wrong given the children's young age and available local services.

Parties
Appellant: MK; Respondent: HK; Respondent: LB Bromley; Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
20 July 2011
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Child Contact, Welfare of Children, Sexual Offences, Expert Evidence, Balancing Exercise
Family Law Child Protection Child Contact Welfare of Children Sexual Offences Expert Evidence Balancing Exercise

Case Brief

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Parties

MK

Appellant

HK

Respondent

LB Bromley

Respondent

Children's Guardian

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the judge erred in refusing direct contact between father and children
  2. 2 Whether the judge erred in refusing to adjourn for expert evidence

Ratio Decidendi

The judge's decision to refuse direct contact between the father and the children was within the ambit of reasonable decisions, based on careful analysis of evidence, the welfare checklist, and the advice of the children's guardian; refusal to adjourn for expert evidence was not plainly wrong given the children's young age and available local services.

Court Disposition

appeal dismissed

Orders

  • No direct contact between father and children
  • Children to reside with mother under supervision order for 12 months