Z v Z

Z v Z

The mother failed to prove on the balance of probabilities that the father caused emotional or physical harm to Child A in all but one allegation, which the father admitted and for which he showed remorse. The evidence was largely hearsay, contaminated by suggestibility and the mother’s conduct. The welfare of the children requires a resumption of contact with the father, initially supervised and progressing to unsupervised and overnight contact, as there are no safeguarding concerns justifying restriction.

Parties
Applicant: Z; Respondent: Z
Jurisdiction
England and Wales
Judgment Date
08 August 2024
Procedural Posture
Child Arrangements / Enforcement / Judgment After Fact Finding and Welfare Hearing
Outcome
Child arrangements order made; most allegations dismissed; contact to resume in a stepped manner.
Legal Topics
Child Arrangements Order, Fact Finding Hearing, Hearsay Evidence, Welfare Checklist, Parental Contact, Domestic Abuse Allegations
Family Law Children Law Child Arrangements Order Fact Finding Hearing Hearsay Evidence Welfare Checklist Parental Contact Domestic Abuse Allegations

Case Brief

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Parties

Z

Applicant

Z

Respondent

Procedural Posture

Child Arrangements / Enforcement / Judgment After Fact Finding and Welfare Hearing

Legal Issues

  1. 1 Whether the father caused emotional and physical harm to Child A as alleged by the mother
  2. 2 Whether the allegations justify restricting or suspending contact between the father and the children
  3. 3 What child arrangements serve the children's welfare

Ratio Decidendi

The mother failed to prove on the balance of probabilities that the father caused emotional or physical harm to Child A in all but one allegation, which the father admitted and for which he showed remorse. The evidence was largely hearsay, contaminated by suggestibility and the mother’s conduct. The welfare of the children requires a resumption of contact with the father, initially supervised and progressing to unsupervised and overnight contact, as there are no safeguarding concerns justifying restriction.

Court Disposition

Child arrangements order made; most allegations dismissed; contact to resume in a stepped manner.

Orders

  • Children to spend ninety minutes per week with the father under professional supervision for three weeks, costs to be met by the father.
  • After three weeks, two weeks of unsupervised contact facilitated by a third party.