No Contact with Violent Father

Re M and B (Children) (CLW 27 October CA)

The mother appealed against a contact order allowing the father indirect contact with their eight-year-old child by means of cards and presents to be sent to her on her birthday and at Christmas. There had been high levels of domestic violence culminating in the father receiving a prison sentence for rape, indecent assault and actual bodily harm. There had been 28 separate breaches of injunctions made for the mother’s protection. There was medical evidence that the contact would lead to a recurrence of the symptoms of depression and post traumatic stress disorder from which the mother had previously suffered. In allowing the appeal the court said the dominant consideration was the maintenance of the mother’s emotional and psychological stability while the child remained dependant upon her. The greatest benefit to the child would be derived from ensuring the mother had a period of respite from the father and an order was made under s91(14) of the Children Act 1989 prohibiting the father from making any further applications under the Act without the permission of the court for two years.