H (Children), Re

H (Children), Re

The judge gave insufficient weight to the children's right to a wider family life and failed to provide adequate reasons for departing from the Cafcass officer's recommendations; the balance of advantage and risk favored granting indirect contact.

Parties
Applicant: RS; Respondent: DH; Respondent: ZR
Jurisdiction
England and Wales
Judgment Date
22 September 2010
Procedural Posture
Family Law Appeal / Appeal From First Instance Decision
Outcome
Appeal allowed
Legal Topics
Child Contact, Indirect Contact, Welfare of Children, Appeal Procedure
Family Law Child Contact Indirect Contact Welfare of Children Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

RS

Applicant

DH

Respondent

ZR

Respondent

Procedural Posture

Family Law Appeal / Appeal From First Instance Decision

Legal Issues

  1. 1 Whether the judge erred in rejecting the Cafcass officer's recommendation for indirect contact
  2. 2 Whether the welfare of the children required indirect contact with their half-sibling

Ratio Decidendi

The judge gave insufficient weight to the children's right to a wider family life and failed to provide adequate reasons for departing from the Cafcass officer's recommendations; the balance of advantage and risk favored granting indirect contact.

Court Disposition

Appeal allowed

Orders

  • Order for indirect contact for six months, managed by Cafcass officer Rhona Fleming, with one communication per month.