A Local Authority v The Mother (AZ) & Ors
[2024] EWHC 1670 (Fam)
S v F & Anor.
9 May 2023
[2023] EWHC 597 (Fam)
High Court
A dad hurt his mom, so the court says he can see his son, but only with a babysitter for now. The judge didn't trust the expert who said the dad was safe, and wants to make sure the little boy is protected.
Key Facts
- •Father applied for time with his son (E) under s.8 Children Act 1989.
- •E was born in Pakistan in 2017; parents separated in 2019.
- •Mother and E were granted asylum in the UK.
- •District Judge Heppell found the father physically and emotionally abusive.
- •Father's application to overturn the findings was refused.
- •Father initially sought E's return to Pakistan, later accepting E would remain with mother in the UK.
- •The case involved significant delays due to asylum appeals and complex legal issues.
- •A risk assessment by Dr. Anderson concluded the father posed no significant risk.
- •The Guardian, Ms. Mitchell, disagreed with Dr. Anderson's assessment, citing ongoing concerns about the father's behavior and risk of abduction.
- •The father's deception of the mother about a fictitious individual (AG) was a key factor in assessing risk.
Legal Principles
Child's welfare is the paramount consideration.
Children Act 1989, s.1(1)
Presumption of parental involvement unless contrary to child's welfare.
Children Act 1989, s.1(2A)
Welfare checklist considers physical, emotional, educational needs, effect of change, and risk of harm.
Children Act 1989, s.1(3)
Contact orders must not expose the child to unmanageable risk of harm.
FPR Practice Direction 12J, paragraphs 35-37
Judges can accept or reject expert opinion; reasons must be given if rejecting.
Re M-W (Care Proceedings: Expert Evidence) [2010] EWCA Civ 12
Outcomes
Supervised contact between father and son will continue for up to two years.
Father's history of abuse and deception, mother's justified fear, son's vulnerability, and insufficient progress in therapy.
Dr. Anderson's risk assessment was rejected.
Insufficient detail and analysis in the report; Guardian's assessment was preferred.
Contact will progress gradually, potentially faster if father moves to Netherlands.
To balance the father-son relationship with the need to safeguard the child.