C (A Child)
| Jurisdiction | England & Wales |
| Judge | Lord Justice Thorpe,Lord Justice Moses,Lord Justice Richards |
| Judgment Date | 09 June 2010 |
| Neutral Citation | [2010] EWCA Civ 733 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | Case No: B4/2010/0318 |
| Date | 09 June 2010 |
[2010] EWCA Civ 733
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM BRIGHTON COUNTY COURT
(Her Honour Judge Waddicor)
Before: Lord Justice Thorpe
Lord Justice Moses
and
Lord Justice Richards
Case No: B4/2010/0318
Mr Nicholas Baker (instructed by Arden Solicitors) appeared on behalf of the Appellant Mother.
Ms Gemma Taylor (instructed by CAFCASS) appeared on behalf of the First Respondent Father.
Lord Justice Thorpe:
These long-running proceedings in the Brighton County Court concerning the father's contact to one child, a twelve-year-old who is obviously a very attractive and successful schoolboy, doing well at his school and in the full-time care of his mother. It is unnecessary to go into any of the history.
Prior to a hearing on 28 September last year conducted by Judge Waddicor, the parties, who were in person, had their respective positions that essentially invited the judge to make no concrete order but to leave the future contact between father and son to good sense and goodwill on both sides. The father was having valuable, meaningful contact with his son right up to this hearing, and it is surprising perhaps that he, as a litigant-in-person, did not press for an order but said he was content to see an end to litigation and to trust to the mother's good sense.
It was Mr Parrot, the CAFCASS officer, who alone urged the judge to make a contact order: a defined order specifying contact in the local area for a specified number of hours. Mr Parrot was also much in favour of moratorium, so supporting an application for a section 91.14 order to run for a defined period, which order still has, I think, about eighteen months to run.
Importantly, the judge said in paragraph 7:
“I am in no doubt that Joe should see his father. He needs a relationship with his father.”
Then in paragraph 8:
“I propose to recite at the beginning of the order upon the basis that the mother has indicated that she will make Joe available for contact and will promote contact that is in Joe's interests…”
So the order thus emerged. It is sad indeed that subsequent history shows absolutely no improvement in the parental relationship. The father has made genuine efforts to encourage the mother's positive thought by writing conciliatory letters and by undergoing a resolution course. Sadly, his overtures have been ignored. On the other side, the mother charges him with having breached an understanding that he would not see Joe without prior arrangement and she was so concerned or incensed (I know not which) at the father's visit to a football match on 25 October that she actually called the police. So the situation, considered at an oral hearing by Ward LJ recently, was quite sufficient to persuade him that this court could not wash its hands and he directed a further CAFCASS officer's report.
Mr Parrot has seen Joe again and recorded the boy's steadfast opposition to a resumption of contact. This is extremely sad and raises all sorts of questions as to why the boy is now saying what he is. Mr Baker, for the appellant, naturally...
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