The Father v The Mother and O By Cafcass Legal

The Father v The Mother and O By Cafcass Legal

Permission to withdraw the application for contact was granted because the father’s conduct and attitude made direct contact impossible and continuing proceedings would cause further stress and harm to the child. All professional evidence and judicial findings rejected parental alienation by the mother; the father’s refusal to accept responsibility precluded any prospect of successful contact.

Parties
Applicant: The Father; 1st Respondent: The Mother; 2nd Respondent: O by CAFCASS Legal
Jurisdiction
England and Wales
Judgment Date
12 December 2003
Procedural Posture
Children Act Contact Application / Ruling on Application to Withdraw Proceedings
Outcome
Permission granted to withdraw application for contact.
Legal Topics
Contact Disputes, Parental Responsibility, Parental Alienation, Child Welfare, Court Procedure, Anonymity in Child Proceedings
Family Law Child Welfare Contact Disputes Parental Responsibility Parental Alienation Court Procedure Anonymity in Child Proceedings

Case Brief

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Parties

The Father

Applicant

The Mother

1st Respondent

O by CAFCASS Legal

2nd Respondent

Procedural Posture

Children Act Contact Application / Ruling on Application to Withdraw Proceedings

Legal Issues

  1. 1 Whether the applicant should be permitted to withdraw his application for contact
  2. 2 Whether parental alienation occurred
  3. 3 Whether the court should terminate direct contact between father and child

Ratio Decidendi

Permission to withdraw the application for contact was granted because the father’s conduct and attitude made direct contact impossible and continuing proceedings would cause further stress and harm to the child. All professional evidence and judicial findings rejected parental alienation by the mother; the father’s refusal to accept responsibility precluded any prospect of successful contact.

Court Disposition

Permission granted to withdraw application for contact.

Orders

  • Permission to withdraw application for contact granted.
  • Interim prohibited steps order to be considered further.