Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

CONTACT: AB v BB and C, D, E and F (By their Children’s Guardian) [2013] EWHC 227 (Fam)

Sep 29, 2018, 21:00 PM
Slug : contact-ab-v-bb-and-c-d-e-and-f-by-their-childrens-guardian-2013-ewhc-227-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Feb 21, 2013, 02:30 AM
Article ID : 101709

(Family Division, Theis J, 13 February 2013)

The parents' of four children, aged between 6 and 2, had a volatile relationship and the father had been convicted of domestic violence offences against the mother. The father sought direct or indirect contact with the children and a further risk assessment if the court determined that it did not have sufficient information to make a decision. The mother supported by Cafcass opposed contact and sought permission to change the name of the children.

The mother had been assisted by the police and other agencies to obtain secure accommodation at a location unknown to the father and a MAPPA assessment found the mother was justified in her fears.

Dismissing the father's application for contact. The welfare of the children was the paramount concern. They were too young to express their views and their welfare needs were for the security and stability of the care they were receiving from their mother. The mother's fear was genuine based on her experiences with the father. The father's attitude and behaviour underpinned the risk of future harm to the children particularly so as the father had no understanding of the impact upon the mother of the offences and the power relationship.

Applying FPR 25.1 the court did not reasonably require a risk assessment by a consultant psychiatrist in order to resolve the proceedings. There was little real evidence of a change of attitude by the father and any assessment would miss the point as it would not take into account the mother's perception, fear, her emotional state and the impact of that on the children.

The mother's application to change the children's names was granted. The safety aspect from the children's point of view was critical. Theirs was not a common name and given the father's expressed intentions of discovering where they lived it would be detrimental if their names were not changed.

 

 

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from