Re A

Re A

The judge was entitled to order supervised contact and a s91(14) order based on the mother’s behaviour and risks to the child; the combination does not impermissibly fetter progression to unsupervised contact, as leave to apply can be granted if circumstances change.

Parties
Appellant: Mother; 1st Respondent: Father; 2nd Respondent: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
23 November 2021
Procedural Posture
Appeal / Judgment on Appeal From Chelmsford County Court and Family Court, Orders Made on 20 May 2021, Appeal Heard 12 October 2021, Judgment Delivered 23 November 2021
Outcome
Appeal dismissed
Legal Topics
Child Arrangements, Supervised Contact, Section 91(14) Children Act 1989, Appeals, Parental Responsibility
Family Law Child Law Child Arrangements Supervised Contact Section 91(14) Children Act 1989 Appeals Parental Responsibility

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Parties

Mother

Appellant

Father

1st Respondent

Children’s Guardian

2nd Respondent

Procedural Posture

Appeal / Judgment on Appeal From Chelmsford County Court and Family Court, Orders Made on 20 May 2021, Appeal Heard 12 October 2021, Judgment Delivered 23 November 2021

Legal Issues

  1. 1 Whether the judge erred in making a supervised contact order without provision for progression to unsupervised contact
  2. 2 Whether the combination of a supervised contact order and a s91(14) order impermissibly fetters movement towards unsupervised contact and a more natural relationship

Ratio Decidendi

The judge was entitled to order supervised contact and a s91(14) order based on the mother’s behaviour and risks to the child; the combination does not impermissibly fetter progression to unsupervised contact, as leave to apply can be granted if circumstances change.

Court Disposition

Appeal dismissed

Orders

  • A to live with her father
  • Mother to have professionally supervised contact with A for 6 hours every other weekend