V v V & Anor [2025] EWHC 945 (Fam) (16 April 2025)

V v V & Anor [2025] EWHC 945 (Fam) (16 April 2025)

The lower court erred in maintaining overnight staying contact between Amy and her father pending the fact finding hearing, given the gravity of the allegations and the potential impact on the child. Once a fact finding hearing was deemed necessary, the appropriateness and safety of interim contact required review. The judge failed to fully consider whether interim staying contact could be safely managed in light of the serious findings made in 2021 and the ongoing allegations. The Guardian's recommendation for limited unsupervised day contact was the appropriate interim arrangement.

Citation
[2025] EWHC 945 (Fam)
Parties
Appellant: Ms V; First Respondent: Mr V; Second Respondent: Amy V (through her Guardian)
Jurisdiction
England and Wales
Judgment Date
16 April 2025
Procedural Posture
Family Law Appeal / Appeal Against Interim Child Arrangements Order Pending Fact Finding Hearing
Outcome
Appeal allowed
Legal Topics
Domestic Abuse, Child Arrangements, Interim Contact, Fact Finding Hearings, Appeal Procedure, Transparency Orders
Family Law Child Law Domestic Abuse Child Arrangements Interim Contact Fact Finding Hearings Appeal Procedure Transparency Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Ms V

Appellant

Mr V

First Respondent

Amy V (through her Guardian)

Second Respondent

Procedural Posture

Family Law Appeal / Appeal Against Interim Child Arrangements Order Pending Fact Finding Hearing

Legal Issues

  1. 1 Whether the lower court erred in maintaining overnight staying contact between child and father pending a fact finding hearing into allegations of domestic abuse
  2. 2 Whether the interim contact order adequately protected the child's welfare and safety in light of serious allegations

Ratio Decidendi

The lower court erred in maintaining overnight staying contact between Amy and her father pending the fact finding hearing, given the gravity of the allegations and the potential impact on the child. Once a fact finding hearing was deemed necessary, the appropriateness and safety of interim contact required review. The judge failed to fully consider whether interim staying contact could be safely managed in light of the serious findings made in 2021 and the ongoing allegations. The Guardian's recommendation for limited unsupervised day contact was the appropriate interim arrangement.

Court Disposition

Appeal allowed

Orders

  • Overnight staying contact between Amy and Mr V is discharged pending fact finding hearing.
  • Interim unsupervised contact is ordered: after school on alternate Tuesdays until 6pm and on alternate Saturdays from 9.15am to 3.15pm.