Father not allowed unsupervised contact before court has considered abuse allegations against him

We posted here just recently about how a father was denied direct contact with his daughter because of his abusive behaviour towards the mother and child.

Now, in another case, the Court of Appeal has held that a father should not be allowed to have unsupervised contact with his children before the court has considered the mother’s allegations of domestic abuse against the father.

The case concerned children proceedings between the parents of three girls, aged 11, 10 and 8.

The parents’ marriage broke down in July 2022 and the mother and children moved into a refuge, where they remain.

The proceedings started when the father applied for, amongst other things, a child arrangements order.

The mother opposed the application, and raised allegations of domestic abuse against the father, including physical abuse of the children, and coercive and controlling behaviour towards her, both during the marriage and after the separation.

At the first hearing in October 2022 the court made an order restricting the father’s contact to weekly indirect video contact for 30 minutes, plus one letter a month.

At a further hearing in March 2023 the court made an interim order for the father to have supervised direct contact with the girls at a contact centre, plus telephone contact. The court also ordered that a Cafcass report be prepared.

The Cafcass officer filed her report in May 2023. Her recommendations included that a fact-finding hearing into the mother’s allegations (and also allegations by the father) be held, as the allegations presented “a barrier to safe contact progression”.

At the next hearing the judge ordered that a fact-finding hearing be held in October 2023, but this was subsequently adjourned, to July 2024.

Meanwhile, the judge altered the interim contact arrangements, to allow the father to have unsupervised contact with the children, for four hours on alternate weekends.

The mother appealed, to the Court of Appeal.

The Court of Appeal allowed the appeal. Giving the leading judgment Lord Justice Baker said:

“The mother and the children have made serious allegations against the father. If they are found to be true, there is plainly an ongoing risk to the mother and the children. In those circumstances, there will be strong arguments against moving to unsupervised contact before a thorough assessment of the father and the completion of recommended work.”

Accordingly, the order for unsupervised contact was set aside

You can read the Court of appeal’s judgment here.

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