The Father v The Mother & Anor

The Father v The Mother & Anor

Given the father's ongoing substance misuse, lack of insight into the risks posed to A, and failure to engage with recommended therapy, direct contact would present an unmanageable risk of emotional and psychological harm to A. The child's welfare requires that contact remain indirect and supervised until the father demonstrates sustained abstinence and therapeutic progress for at least 12 months.

Parties
Applicant: The Father; 1st Respondent: The Mother; 2nd Respondent: A (a Child) via his guardian Ms Robertson
Jurisdiction
England and Wales
Judgment Date
04 July 2022
Procedural Posture
Child Arrangements Application / Final Judgment
Outcome
Child Arrangements Order granted: A to live with mother; indirect contact only with father; no direct contact until conditions met.
Legal Topics
Child Arrangements Order, Parental Responsibility, Contact Orders, Welfare of the Child, Substance Abuse and Parenting, Expert Evidence, Indirect Contact, Supervised Contact
Family Law Child Law Child Arrangements Order Parental Responsibility Contact Orders Welfare of the Child Substance Abuse and Parenting Expert Evidence +2 more

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Parties

The Father

Applicant

The Mother

1st Respondent

A (a Child) via his guardian Ms Robertson

2nd Respondent

Procedural Posture

Child Arrangements Application / Final Judgment

Legal Issues

  1. 1 Whether direct contact between the father and child A is in A's best interests given the father's substance misuse and mental health issues
  2. 2 Whether indirect contact should be ordered and under what conditions
  3. 3 Whether a 'live with' order should be made in favour of the mother

Ratio Decidendi

Given the father's ongoing substance misuse, lack of insight into the risks posed to A, and failure to engage with recommended therapy, direct contact would present an unmanageable risk of emotional and psychological harm to A. The child's welfare requires that contact remain indirect and supervised until the father demonstrates sustained abstinence and therapeutic progress for at least 12 months.

Court Disposition

Child Arrangements Order granted: A to live with mother; indirect contact only with father; no direct contact until conditions met.

Orders

  • A shall live with his mother.
  • A shall have indirect contact with his father on a monthly basis (plus special occasions) by way of pre-recorded videos, letters, cards, and small gifts, with the mother to actively support and encourage responses.