Balancing Wishes and Feelings Against Potential Harm

Family and Children

In the case of Re W (a child: contact order) a father won his appeal against a mother being allowed unsupervised contact with their child.

The mother had a history of drug and alcohol problems as well as mental health issues.  The mother’s new partner also had a lengthy criminal past and convictions for violent offences.

The child had been living with the maternal grandmother since the mother and father separated.  The local authority had recommended that the child be allowed a short amount of supervised contact with the mother each week.

The judge had rejected this recommendation.  In accordance with the child’s wishes the judge ruled that the child should be made available for contact with the mother to include overnight stays.

The father’s appeal against this decision was successful.

The judge had failed to balance the feelings and wishes of the child against the dangers and risks of unsupervised contact.  The original judgement could therefore not stand.

If you would like help and advice regarding children and contact issues please contact our Family Law Department for a free initial appointment on Eastbourne 01323 727321 or Hailsham 01323 841481.

Nicholas Dennis
Nicholas Dennis
Alexandra Funnell
Alexandra Funnell
Guy Brown
Guy Brown
Carolyn Richards
Carolyn Richards