L (Children) (Domestic Abuse: Stranding/Abandonment) (Continuing Risk of Emotional Harm)

L (Children) (Domestic Abuse: Stranding/Abandonment) (Continuing Risk of Emotional Harm)

The father’s application to review the findings of domestic abuse and abandonment fails as he has not presented any new or solid grounds; all issues raised were before the previous judge or could have been. The risk of emotional harm to the children from direct contact with the father, who remains in denial and blames the mother, outweighs the benefits of contact. No form of supervision or intervention short of the father’s engagement with a DAPP program can adequately manage the risk. The father’s passport will not be returned until the children’s passports are surrendered or accounted for. The mother is permitted to obtain new passports for the children without the father’s consent to...

Parties
Applicant: The Mother; 1st Respondent: The Father; 2nd Respondent: The Children (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
07 December 2020
Procedural Posture
Children Act Proceedings (welfare, Contact, Inherent Jurisdiction) / Final Welfare Hearing After Fact Finding and Return Order
Outcome
Father’s applications for direct contact and return of passport dismissed; mother’s application for permission to obtain children’s passports granted; indirect contact by letters/cards possible if father engages.
Legal Topics
Domestic Abuse, Child Contact, Parental Responsibility, Inherent Jurisdiction, International Child Abduction, Risk of Emotional Harm
Family Law Child Law Domestic Abuse Child Contact Parental Responsibility Inherent Jurisdiction International Child Abduction Risk of Emotional Harm

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Parties

The Mother

Applicant

The Father

1st Respondent

The Children (by their Children’s Guardian)

2nd Respondent

Procedural Posture

Children Act Proceedings (welfare, Contact, Inherent Jurisdiction) / Final Welfare Hearing After Fact Finding and Return Order

Legal Issues

  1. 1 Whether the father’s application for direct contact with the children should be granted in light of findings of domestic abuse and abandonment
  2. 2 Whether the findings of fact made by HHJ Rogers should be revisited or reviewed
  3. 3 Whether the father’s passport should be returned

Ratio Decidendi

The father’s application to review the findings of domestic abuse and abandonment fails as he has not presented any new or solid grounds; all issues raised were before the previous judge or could have been. The risk of emotional harm to the children from direct contact with the father, who remains in denial and blames the mother, outweighs the benefits of contact. No form of supervision or intervention short of the father’s engagement with a DAPP program can adequately manage the risk. The father’s passport will not be returned until the children’s passports are surrendered or accounted for. The mother is permitted to obtain new passports for the children without the father’s consent to...

Court Disposition

Father’s applications for direct contact and return of passport dismissed; mother’s application for permission to obtain children’s passports granted; indirect contact by letters/cards possible if father engages.

Orders

  • No direct, telephone, or video contact between father and children until he demonstrates change and engages with a DAPP program.
  • Father’s passport to remain with Tipstaff until children’s passports are surrendered or accounted for.