Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

21 NOV 2012

CONTACT: Re C (Contact)

(Court of Appeal, Sir John Thomas P, Moses, Black LJJ, 14 November 2012)

The mother of three children had a history of mental illness. While the father was on a trip abroad her mental health deteriorated significantly and the local authority obtained an emergency protection order and an interim care order.

At a subsequent hearing it was determined that the children would not be able to return home. As to the question of contact, it was found that at times the father was affectionate towards the children but on occasion he had said things which were distressing and harmful. The judge ordered contact on 8 occasions per year but the father refused to sign a contact agreement.

When a final care order was granted the judge heard evidence that during contact the father had made inappropriate comments which had undermined the foster placement. The judge granted the local authority an order under s 34(4) of the Children Act 1989. The father appealed.

The appeal was dismissed. Procedurally there had been no error in the course adopted by the judge. The father had advance warning of the application and was capable of dealing with the matters which had caused concern. The judge was entitled to make the s 34(4) order given that the earlier identified problems had not been resolved.

Financial Remedies Handbook

Financial Remedies Handbook

Formerly entitled the Ancillary Relief Handbook this is the first resort for thousands of...

Available in Family Law Online
Cohabitation

Cohabitation

Law, Practice and Precedents

This work provides commentary, checklists, procedural guides and precedents on the subject in a...

Subscribe to our newsletters