F v M & Ors
[2023] EWFC 172 (B)
The London Borough of Richmond v Sally & Ors
8 November 2024
[2024] EWFC 335 (B)
Family Court
A judge had to decide where two children should live: with their mum or grandma. The mum had secretly been in touch with the kids' dad, who was just convicted of abusing his other child. Even though the mum lied, the judge decided the kids should stay with her, but she needs to get help to avoid future abusive relationships. The dad can only send a few letters to one child each year.
Key Facts
- •The case concerns the future care of two children, Jane and Peter, following allegations of parental contact between their mother, Sally, and their father, Simon, who was convicted of sexually abusing Olivia, an older daughter.
- •The local authority sought a care order, proposing placement with the children's grandmother, Felicity, while other parties supported the children remaining with their mother.
- •The court's main investigation focused on the nature and extent of contact between Sally and Simon after previous proceedings.
- •Evidence suggested ongoing contact between Sally and Simon, including a high volume of calls and texts, sightings together, and a shared Spain trip.
- •The court found that Sally and Simon's relationship extended beyond what they admitted, and that Sally had misled professionals and the court.
- •Simon's conviction for sexually abusing Olivia significantly altered the risk assessment, presenting an opportunity for Sally to make changes.
- •The court considered the children's welfare, their wishes, and the potential impact of various placement options.
Legal Principles
The welfare of the children is the paramount consideration.
Children Act 1989, section 1(3)
The local authority must prove the threshold criteria for intervention under section 31 Children Act 1989.
Children Act 1989, section 31
There is no presumption in favor of a biological parent.
Any interference with family life must be justified.
In considering allegations, the local authority must prove them on the balance of probabilities.
Witness identification evidence should be assessed carefully (R v Turnbull [1977] QB 224).
R v Turnbull [1977] QB 224
Outcomes
The children will remain in the care of their mother, Sally, under a 12-month supervision order.
Balancing the risk of Sally entering another abusive relationship with the potential harm to the children from removal; considering Simon's incarceration as a significant mitigating factor, and Sally's potential for change with support; recognizing the children's need for stability and the positive impact of Sally's current care.
Sally is required to undertake bespoke domestic violence work.
To mitigate the risk of Sally entering future abusive relationships and to prevent future court involvement.
A non-molestation order and prohibited steps order are extended, preventing direct and indirect contact between Sally and Simon.
To protect the children from the risk posed by Simon.
Limited indirect contact is permitted between Simon and Peter (annual welfare update and 3 cards/letters per year).
Balancing Simon's desire for contact with the need to protect the children's stability.