United Kingdom (2005), England and Wales Court of Appeal

United Kingdom (2005), England and Wales Court of Appeal

H (A Child)
[2005] EWCA Civ 1404

In this case, an appeal was allowed after a mother contested an order for contact made between her child and the child's father. The Court determined that the previous judge had failed to consider the attitude of the father, and the effect that contact would have on the mother and child.

“The Guidelines make it clear that in every case in which domestic violence is put forward as a reason for refusing or limiting contact the court should at the earliest opportunity consider the allegations made (and any answer to them) and decide whether the nature and effect of the violence alleged by the complainant (or admitted by the respondent) is such as to make it likely that the order of the court for contact will be affected if the allegations are proved.” (Quoted form Original Judgment)

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