Father’s overnight contact stopped pending investigation of abuse allegations
A father who had previously been found to have been abusive towards the mother has had his overnight contact with his daughter stopped, pending an investigation of further abuse allegations against him.
The High Court in London has allowed an appeal by a mother against an order that the father could continue to have overnight staying contact with his 8 year-old daughter, notwithstanding that the judge had decided to list a fact finding hearing to consider allegations of domestic abuse made by the mother against the father.
The background to the case was that the parties were married in 2012 and had one child, a daughter, who was born in 2016. The marriage broke down, and the mother issued divorce proceedings in October 2020.
In January 2021 the mother applied to the court for orders to protect her from domestic abuse. The application was heard in May 2021, when the judge found that the father had abused the mother, although there had been fault on both sides. He also found that the parties could not live together harmoniously. He therefore made non-molestation orders against both parties, and ordered the father to leave the matrimonial home.
After this, the father applied for contact with his daughter. At a hearing in September 2024 it was agreed between the parents that the father could have overnight staying contact.
Just three months later the mother applied to the court to have the contact suspended, alleging that there had been further abuse by the father, including physical assault and coercive and controlling behaviour. The father denied the allegations.
The judge decided that there should be a fact-finding hearing to consider the mother’s allegations against the father. He also ordered that the father’s overnight staying contact should continue, contrary to a recommendation by the child’s court-appointed Guardian, who recommended that there be daytime contact only.
The mother appealed against this decision.
Hearing the appeal Mr Justice Peel found that, whilst the decision whether or not to continue the overnight staying contact was finely balanced, in the end the judge had been wrong to allow it to continue. In his view the gravity of the allegations, and potential impact upon the child, was such that it was unsafe to continue with overnight contact.
Accordingly, the appeal was allowed and the order for overnight staying contact was discharged.
You can read the full report of the case here.
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