Key Facts
- •Father brought proceedings for the summary return of his children to Norway, which were dismissed.
- •Father lives in Norway; mother and children live at a confidential UK address.
- •Court ordered alcohol hair strand testing, a psychological report, and a section 7 report for the father.
- •The case involved a final hearing considering contact arrangements and parental responsibility.
- •Cafcass initially recommended letterbox contact, later changing its position to no contact.
- •Father sought continued video contact, supervised contact, parental responsibility for T, and opposed a s.91(14) order.
- •Mother agreed with Cafcass's recommendation of no contact and sought a s.91(14) order.
- •The court considered evidence from Dr Derry (psychologist) and Cafcass, along with video evidence.
- •The father demonstrated limited understanding and acceptance of previous court findings of domestic abuse.
- •The court considered the impact of domestic abuse on the children's welfare.
Legal Principles
Children's welfare is paramount.
Children Act 1989
Presumption of parental involvement in child's life unless contrary shown.
Children Act 1989
Contact between parent and child should only be terminated in exceptional circumstances and if detrimental to child's welfare.
Re C (A Child) [2011] EWCA Civ 521
Positive duty to attempt to promote contact and explore alternatives before abandoning hope.
Re M [2017] EWCA Civ 2164
Domestic abuse is not a bar to child arrangements orders but past behavior may provide cogent reason to refuse contact.
Re A (Contact: Domestic Abuse) [1991] 1 FCR 729; Re M (Contact: Violent Parent) [1991] 2 FCR 56; Re L, V, M, H (Contact: Domestic Violence) [2000] 2 FCR 404; Re G (Domestic Violence: Direct Contact) [2001] 2 FCR 134
Guidance on child arrangements orders in cases of domestic abuse, including consideration of safety and risk assessment.
Practice Direction 12J
Section 91(14) orders available to protect victims of domestic abuse from further applications.
Children Act 1989, s.91(14); Practice Direction 12Q
Court considers degree of commitment shown by a parent and degree of attachment between child and parent for parental responsibility orders.
Re C & V (Minors) (Contact: Parental Responsibility Order) [1998] 1 FLR 392
Outcomes
Letterbox contact every two months, plus additional letters for birthdays and religious festivals.
Balances risks and advantages, prioritizes children's welfare and protection from further harm; minimizes disruption; father's lack of insight into domestic abuse and unwillingness to change.
Father granted parental responsibility for child T.
Father's demonstrated commitment, parity with A-M's arrangement, and best interests of the child.
Section 91(14) order prohibiting further applications for 18 months unless specific conditions are met.
Protection of mother and children from further harm and distress caused by litigation; need for respite and opportunity for father to address domestic abuse issues.