PA v CK & Ors
There was no basis to find that the judge was wrong in refusing direct contact, given the history of conflict, the child's resistance, and the lack of progress despite multiple interventions. Further litigation would likely be damaging to the child, and the judge's approach was within the proper exercise of discretion.
Source-derived case information.
- Parties
- Applicant: PA; Respondents: CK & Others
- Jurisdiction
- England and Wales
- Judgment Date
- 06 July 2018
- Procedural Posture
- Family / Application for Permission to Appeal (post Judgment)
- Outcome
- Permission to appeal refused
- Legal Topics
- Child Contact, Parental Responsibility, Appeal, Adoption, Change of Surname, Suspended Residence Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
PA
Applicant
CK & Others
Respondents
Procedural Posture
Family / Application for Permission to Appeal (post Judgment)
Legal Issues
- 1 Whether the judge erred in refusing direct contact between father and child
- 2 Whether the judge failed to properly apply legal principles regarding child contact
- 3 Whether the judge erred in assessment of parental hostility and parental alienation
Ratio Decidendi
There was no basis to find that the judge was wrong in refusing direct contact, given the history of conflict, the child's resistance, and the lack of progress despite multiple interventions. Further litigation would likely be damaging to the child, and the judge's approach was within the proper exercise of discretion.
Court Disposition
Permission to appeal refused
Orders
- Transcript of judgment to be prepared within 14 days and served on all parties, including Mrs A
- No order under s.91(14) Children Act made, but warning given regarding future applications
Full Case Text
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