P v F
[2023] EWHC 2730 (Fam)
W v J
24 April 2024
[2024] EWFC 352 (B)
Family Court
A judge overturned a previous order about a child's contact with their father. The original order didn't properly consider the risks and long-term effects on everyone. The case will start again with a new judge to make a better decision about what's best for the child.
Key Facts
- •Appeal against District Judge Harrison's order concerning contact arrangements for child P.
- •Father had previous conviction and notification requirements.
- •Allegations of rape and coercive/controlling behaviour by the father against the mother.
- •Existing contact arrangements were supervised and limited.
- •Mother was unrepresented at the fact-finding hearing.
- •The judge's order was considered a final order.
Legal Principles
Appeal against a final order can only be allowed if the decision is wrong or unjust due to a serious procedural or other irregularity.
Family Procedure Rules 30.12(3)(a) and (b)
Child's welfare is the paramount concern.
Section 1 of the Children Act 1989
Court's responsibility to consider the child's welfare cannot be circumvented for expediency.
Section 1 of the Children Act 1989
Presumption that both parents have a beneficial role in a child's life.
Section 1(2)(a) of the Children Act 1989
Court can utilise Practice Direction 12J for risk assessments.
Practice Direction 12J, paragraph 33(a)
Article 8 rights (respect for private and family life) need to be considered.
Article 8 of the European Convention on Human Rights
Outcomes
Appeal allowed.
The judge's order was considered incomplete, failing to adequately address risk assessment and the long-term implications for the child and mother, including the father's indefinite notification requirements. The court found insufficient exploration of alternative solutions like psychological assessments.
Order remitted to a different district judge for a welfare hearing.
To ensure a thorough evaluation of the situation, considering the risks and the best interests of the child, with a more comprehensive exploration of alternatives to the current contact arrangement.