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Family Law

The leading authority on all aspects of family law

28 OCT 2013

CONTACT: Re K (Contact Order: Posed Risk by Father)

(Court of Appeal, Arden, Ryder and Macur LJJ, 18 Oct 2013)

When the parents separated the child was removed from the father's home by police and he was initially placed in foster care before being placed with the mother. In proceedings considering residence and contact a fact-finding hearing found that the father had received a self-inflicted stab wound and that he had started a fire at his own home.

The judge found that the father was a risk to the child including that he might abduct the child. The father refused to accept the findings but his application for a residence order was dismissed and supervised contact was ordered twice a year. Further a s 91(14) order was made for 10 years' duration. The father appealed.

The Court of Appeal dismissed the appeal. In light of the findings made against the father the contact order had been appropriate. In addition the duration of the s 91(14) order could not be interfered with once the judge had determined that it was appropriate to grant an order it was for him to determine the duration.

 

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