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(Court of Appeal; Sedley, Jacob and Munby LJJ; 4 November 2010)
Father appealed against two enforcement orders, three compensation orders and a committal order. All appeals were based on the unavailability of a 10 year old child for contact with the mother. Cafcass reported that the child did not want to see the mother, however the judge held that the father was obliged to exercise his effective parental control to ensure the child has contact with the mother and that the child's wishes were not a reasonable excuse.
Appeals allowed, with minor exceptions. The judge had overstated what contact orders required of the father. The father was required to ‘allow' contact, but not to ‘ensure' that contact took place.
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