A dad is accused of hurting his wife. The court needs to decide who the kids live with. The dad says he can't talk because it might get him into more trouble. The judge says the kids can't wait, so the dad has to participate. The judge decides how much time the dad spends with the kids, but with a babysitter to keep everyone safe.
Key Facts
- •Fact-finding hearing in June 2022 resulted in findings of physical abuse against the father, putting the children at risk.
- •Father completed parenting courses ('Caring Dads', Triple P, Separated Parents' Information Programme).
- •Father was charged with assault and controlling/coercive behaviour against the mother; criminal proceedings underway.
- •Father argued that privilege against self-incrimination prevented him from fully participating in family proceedings.
- •Current contact arrangements: 8 hours alternate Sundays (4 supervised, 4 unsupervised), alternate Wednesday afternoons, weekly video calls.
- •Case has been ongoing for 15 months, involving multiple hearings.
Legal Principles
Privilege against self-incrimination.
Re P (Children) (Disclosure) [2022] EWCA Civ 495
Children Act 1989, Section 1(2): Delay in determining child arrangements prejudices their welfare.
Children Act 1989
Outcomes
Father's application to adjourn proceedings refused.
Delay would prejudice children's welfare; privilege against self-incrimination doesn't prevent participation; father can choose to waive privilege with appropriate protections.
Final child arrangements orders made.
Children's best interests require timely resolution; current arrangements modified to include additional contact during school holidays while maintaining supervision.