Re R (No Order for Contact: Appeal) [2014] EWCA Civ 1664 <\/p>\n
At the final hearing of the father\u2019s application for contact in 2012, a CAFCASS report recorded the 12 year old child\u2019s strong opposition to direct contact with her father and it was the officer\u2019s opinion that indirect contact caused her distress and anxiety. The judge accepted the CAFCASS officer\u2019s recommendation that there should be no contact ordered and that contact should not take place unless the daughter chose to initiate it. <\/p>\n
However, the Court of Appeal have now allowed the father\u2019s appeal and emphasised the importance of contact between parents and children, which is almost always in the interests of the child and should be terminated only in exceptional circumstances. The Court of Appeal stated that although the initiation of contact in this case would involve a risk, this was a short-term risk which would be outweighed by the long term harm of losing contact altogether.<\/p>\n
This recent decision, together with the presumption of parental involvement which came into force on 22 October 2014 suggests that there is a strong movement towards the courts, when considering an order concerning a child, presuming that the involvement of both parents is in the child\u2019s best interests. According to this judgment, unless there are exceptional circumstances, the court must consider all the alternatives and \u2018take every step that can reasonably be demanded to facilitate contact in fulfilment of its duty to promote that if it can\u2019. <\/p>\n
To read the full judgment, click here: http:\/\/www.familylawweek.co.uk\/site.aspx?i=ed142721<\/a> <\/p>\n This is a highly emotional area of family law for the entire family. Our specialist team can advise on applications about what time a child should spend with each parent. Consulting our specialist lawyers in our Altrincham or Manchester offices is a great first step. We can talk you through your options and help you to decide what is the best way to proceed. Please contact us on 0161 927 3118 for a free 20 minute consultation.<\/p>\n","protected":false},"excerpt":{"rendered":" Re R (No Order for Contact: Appeal) [2014] EWCA Civ 1664 At the final hearing of the father\u2019s application for contact in 2012, a CAFCASS report recorded the 12 year old child\u2019s strong opposition to direct contact with her father and it was the officer\u2019s opinion that indirect contact caused her distress and anxiety. The… Read More »Father\u2019s appeal against an order for no contact with his daughter allowed.<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"neve_meta_sidebar":"","neve_meta_container":"","neve_meta_enable_content_width":"","neve_meta_content_width":0,"neve_meta_title_alignment":"","neve_meta_author_avatar":"","neve_post_elements_order":"","neve_meta_disable_header":"","neve_meta_disable_footer":"","neve_meta_disable_title":"","footnotes":""},"categories":[55,10,175,39],"tags":[35,34,169,42,9,19],"class_list":["post-204","post","type-post","status-publish","format-standard","hentry","category-child-law","category-family-law","category-lund-bennett","category-parenting","tag-child-maintenance","tag-child-support","tag-family-law","tag-family-law-lawyers-altrincham","tag-lund-bennett","tag-lund-bennett-law"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/posts\/204","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/comments?post=204"}],"version-history":[{"count":1,"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/posts\/204\/revisions"}],"predecessor-version":[{"id":205,"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/posts\/204\/revisions\/205"}],"wp:attachment":[{"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/media?parent=204"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/categories?post=204"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/tags?post=204"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}