E,F and G (Interim Child Arrangements), Re
[2024] EWCA Civ 874
M (Children: Contact in Prison), Re
24 September 2024
[2024] EWCA Civ 1104
Court of Appeal
A dad went to prison for raping his kids' mom. A judge let the kids see him, but a higher court said the judge didn't think enough about the dad's crime and the impact on the mom. The higher court sent the case back to be decided properly, making sure everyone's safety and well-being is considered.
Key Facts
- •Appeal concerning contact between two children (aged 12 and 10) and their imprisoned father.
- •Father convicted of two counts of rape against the mother (children's mother is a serving police officer).
- •Father sentenced to 12 years' imprisonment; he is appealing his conviction.
- •Extensive Family Court proceedings regarding contact.
- •Children expressed a wish to see their father.
- •Children's Guardian recommended written contact only due to risks and impact on the mother.
- •Judge ordered limited contact, including a one-off prison visit and three visits per year, facilitated by the father's girlfriend (Ms V).
- •Mother appealed the order.
Legal Principles
Welfare Checklist (Children Act 1989)
Children Act 1989
Family Procedure Rules 2010, Practice Direction 12J (PD12J)
FPR PD12J
Outcomes
Appeal allowed; original order set aside.
Judge failed to adequately consider the father's conviction for domestic abuse, the impact on the mother, the father's unrepentant attitude, the children's limited understanding of the situation, and the risks of unsupervised contact. The Judge prioritized the children's wishes without sufficient consideration of other relevant factors under the Welfare Checklist and PD12J.
Remitted to Family Court for reconsideration.
A new decision on contact needs to account for all relevant factors under the welfare checklist and PD12J, including the gravity of the father's offending and the potential harm to the children and mother.