Exceptional circumstances might exist such that the need to protect a child’s primary carer would require the court to safeguard that at the expense of the immediate consideration of the welfare of the children. Here, contact had been established after the separation, but the father suffered a degenerative disease, and threatened his own suicide, and to take the children with him. His attempt to carry out the threat was averted by a third party. The mother provided evidence that she was so concerned at the possibility that she would be likely herself to suffer a nervous breakdown if contact were ordered. In this case the balance was against contact being ordered.
Judges:
Wall J
Citations:
Times 10-Aug-2001
Statutes:
Jurisdiction:
England and Wales
Children
Updated: 09 July 2022; Ref: scu.159499
