Z v Z (Contact in Prison) [2021] EWFC 47 (07 June 2021)

Z v Z (Contact in Prison) [2021] EWFC 47 (07 June 2021)

The Family Court does not have jurisdiction to compel a prison governor to facilitate or supervise contact between a prisoner and his children under a child arrangements order. The welfare of the children remains the paramount consideration, and indirect contact may be ordered if it is in the children's best interests, but its implementation is subject to the statutory powers and discretion of the Secretary of State for Justice and prison authorities. In this case, supervised indirect contact is appropriate given the children's wishes, emotional needs, and the robust safeguards proposed, but the prison governor retains the final decision on facilitation.

Citation
[2021] EWFC 47
Parties
Applicant: NZ; First Respondent: SZ; Second and Third Respondents: X and Y (by their Children's Guardian); Fourth Respondent: The Governor of one of Her Majesty's Prisons; Intervenor: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
07 June 2021
Procedural Posture
Family Law Child Arrangements Order / Final Hearing and Judgment
Outcome
Application for supervised indirect contact granted, subject to prison governor's discretion and statutory powers.
Legal Topics
Child Arrangements Order, Contact With Imprisoned Parent, Jurisdiction of Family Court, Prison Governor's Powers, Safeguarding Children
Family Law Prison Law Child Protection Child Arrangements Order Contact With Imprisoned Parent Jurisdiction of Family Court Prison Governor's Powers Safeguarding Children

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Parties

NZ

Applicant

SZ

First Respondent

X and Y (by their Children's Guardian)

Second and Third Respondents

The Governor of one of Her Majesty's Prisons

Fourth Respondent

The Secretary of State for Justice

Intervenor

Procedural Posture

Family Law Child Arrangements Order / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the Family Court can compel a prison governor to facilitate contact between a prisoner and his children under a child arrangements order
  2. 2 Whether indirect contact between the applicant (father) and his children is in the children's best interests
  3. 3 Appropriate risk management and safeguarding in the context of contact with a parent convicted of serious sexual offences

Ratio Decidendi

The Family Court does not have jurisdiction to compel a prison governor to facilitate or supervise contact between a prisoner and his children under a child arrangements order. The welfare of the children remains the paramount consideration, and indirect contact may be ordered if it is in the children's best interests, but its implementation is subject to the statutory powers and discretion of the Secretary of State for Justice and prison authorities. In this case, supervised indirect contact is appropriate given the children's wishes, emotional needs, and the robust safeguards proposed, but the prison governor retains the final decision on facilitation.

Court Disposition

Application for supervised indirect contact granted, subject to prison governor's discretion and statutory powers.

Orders

  • Supervised indirect contact by way of letters between the children and their father three times per year (Easter, Summer, Christmas), to be supervised by an independent organisation.
  • Any letter exchange considered inappropriate by the supervisor will be suspended.