Upset Not Sufficient Reason to Deny Contact

When a mother recently sought to stop her estranged ex-partner (who had been granted parental responsibility over their children) from seeing their two daughters because she found it ‘too upsetting’, the Court of Appeal was unsympathetic.

The mother had made a number of accusations against her ex-partner, saying that he had abused her, only one of which (that he had spat at her) was proven. However, he had been arrested on several occasions for breaking a non-molestation order which had been made.

The family court had ruled that the children’s father could communicate with them in writing but could not see them. He appealed against this decision.

The Court of Appeal found that there was insufficient evidence that a no contact order was justified but decided that future contact should take place under the supervision of a court appointed guardian.

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