The court considered the ‘ongoing debate’ about the court’s role in contact disputes. ‘this case illustrates all too uncomfortably the failings of the system. There is much wrong with our system and the time has come for us to recognise that fact and to face up to it honestly. If we do not we risk forfeiting public confidence. ‘ The father in this case had behaved unwisely but the blame overwhelmingly lay with the mother who had set her mind against contact.’ The court gave guidnace on how courts should approach the management of such cases in future.
Judges:
Munby J
Citations:
[2004] EWHC 727 (Fam)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – A Father (Mr A) v A Mother (Mrs A); Their Two Children (B And C) FD 4-Feb-2004
After a divorce, the father sought a joint residence order for the two young children. The mother alleged sexually inappropriate behaviour by the father. The court found this allegation clearly untrue. The dispute was bitter and protracted. . .
Cited – Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
Cited – Re M (Intractable Contact Dispute: Interim Care Orders) FD 2003
The mother had persuaded her children of the lie that their father had physically and sexually abused them, and that their paternal grandparents were also a danger to them. She would not allow any contact with them, and disobeyed court orders for . .
Cited – The Father v The Mother, O by Cafcass Legal; In re O (a Child) (Contact: Withdrawal of application) FD 12-Dec-2003
The father sought to withdraw his application for contact, but the court took the opportunity to explain some points relating to contact disputes.
Held: Such disputes engender very deep feelings. Courts must ensure contact with both parents . .
Cited – S (A Child), Re CA 28-Jan-2004
‘The courts recognise the critical importance of the role of both parents in the lives of their children. The courts are not anti-father and pro-mother or vice versa. The court’s task, imposed by Parliament in section 1 of the Children Act 1989 in . .
Mentioned – Hokkanen v Finland ECHR 23-Sep-1994
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; No violation of Art. 6-1; Not necessary to examine Art. 13; Not necessary to examine P7-5; Non-pecuniary damage – financial award; Costs and . .
Mentioned – Sophia Gudrun Hansen v Turkey ECHR 23-Sep-2003
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs . .
Mentioned – Ignaccolo-Zenide v Romania ECHR 2000
‘Although coercive measures towards children are far from desirable in such sensitive matters, sanctions should not be ruled out where the parent living with the children acts unlawfully.’ . .
Mentioned – Nuutinen v Finland ECHR 27-Jun-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; No violation of Art. 8; Not necessary to examine other complaint under Art. 8; Non-pecuniary damage – financial award; Costs and expenses . .
Cited – Kosmopoulou v Greece ECHR 5-Feb-2004
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention . .
Mentioned – Sylvester v Austria ECHR 15-Sep-2010
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and . .
Mentioned – Glaser v The United Kingdom ECHR 19-Sep-2000
‘The essential object of Article 8 is to protect individuals against arbitrary interference by public authorities. There may however be positive obligations inherent in an effective ‘respect’ for family life. These obligations may involve the . .
Cited – Hoppe v Germany ECHR 5-Dec-2002
Hudoc No violation of Art. 8 ; No violation of Art. 6-1
The applicant complained that he had been denied a fair hearing in appeal proceedings concerning his right of access to his daughter contrary to . .
Cited – Hornsby v Greece ECHR 19-Mar-1997
Hudoc Violation of Art. 6-1; Preliminary objection rejected; Just satisfaction reserved – Judgment (Just satisfaction) Pecuniary damage – financial award; Non-pecuniary damage – financial award
The rights . .
Cited – Immobiliare Saffi v Italy ECHR 28-Jul-1999
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1; Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – claim rejected; Costs and expenses partial award – Convention . .
Cited – Sommerfeld v Germany ECHR 11-Oct-2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Violation of Art. 14+8; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings . .
Cited – Sahin v Germany ECHR 11-Oct-2001
When considering the issues of an adoption against the wishes of the parents, there is an apparent difference of emphasis between saying that the child’s interests are of ‘paramount importance’, and saying that they merely ‘may, depending on their . .
Cited – In re T (a Child) (Contact: Alienation: Permission to Appeal) CA 24-Oct-2002
After a judgment the parties sought to appeal.
Held: The judge had failed to make a finding on a critical issue in the case, namely whether or not the mother of the child concerned had ‘even if prompted only at a subconscious level, . .
Cited – Sommerfeld v Germany ECHR 8-Jul-2003
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 8 ; Violation of Art. 14+8 with regard to right of access ; Violation of Art. 14+8 with regard to right of appeal ; Not necessary to examine Art. . .
Cited – Practice Direction (Care Cases: Judicial Continuity and Judicial Case Management) 2003
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Lists of cited by and citing cases may be incomplete.
Children
Updated: 26 July 2022; Ref: scu.195570
