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We represented the Respondent Mother in proceedings concerning an application by the Applicant Father for a Child Arrangements Order (Contact). The Father had not had any contact with the child, who was 3 years old, since the parties’ relationship ended approximately one year prior to the Father’s application to the Court. During the relationship, the Mother was subjected to domestic abuse perpetrated by the Father, for which she subsequently obtained a Non-Molestation Order. The Mother also expressed concerns that the Father had been abusive towards his older children and that their shared child had been exposed to the domestic abuse she had experienced.
In light of these factors, the Mother did not support any form of contact, whether direct or indirect, taking place between the Father and the child and ultimately opposed his application.
The challenges to be addressed included:
Advising the Mother on the likelihood of the Court directing contact between the child and the Father due to the prevailing principle at the time that a child should generally have a relationship with both parents.
Identifying a practical solution to facilitate any direct contact between the Father and the child within the constraints of the existing Non-Molestation Order, which prohibited the Father from contacting the Mother. This involved assessing whether an amendment to the Order would be necessary to permit limited, safeguarded contact for the purpose of facilitating arrangements for the child, or whether such contact could be appropriately managed through the involvement of a third party.
Carrying out a detailed assessment of the potential risk of harm to the child in the event that contact was directed to take place and identifying the options available to the Mother in light of those risks to suitably safeguard the child and his welfare, such as supervised contact only.
Reviewing substantive evidence of domestic abuse, including police disclosure obtained within proceedings and covert recordings made by the Mother during the relationship, not yet disclosed within proceedings. We had to carefully consider the strategic implications of seeking permission from the Court to disclose and rely upon those covert recordings within the proceedings.
Given the Mother’s experience of domestic abuse, she was particularly fearful as she faced the prospect of encountering her abuser at Court.
After careful consideration of the risks and benefits, and a thorough review of the law surrounding covert recordings, we advised our client to make an application to the Court seeking permission to disclose the covert recording as evidence of the domestic abuse that occurred during the parties’ relationship.
We engaged in negotiation with the Father through his representation outside of Court to seek an agreed arrangement for contact that prioritised the child’s welfare and ensured appropriate safeguards against any potential harm.
We identified a suitable third party, in the maternal grandmother, to facilitate any contact directed to take place between the Father and the child to ensure that the Mother remained protected from any harm given her lived-experience with the Father.
We further advised the Mother on the prospects of applying to extend her Non-Molestation Order to ensure continued protection for her once the existing Order expired.
We ensured to provide sensitive and trauma-informed advice and support to the Mother throughout the process so she felt best supported when making difficult decisions for her child.
Following a review of the evidence presented against him, and in light of the Mother’s application for further disclosure of domestic abuse evidence, the Father sought to withdraw his application for contact with the child. Subsequently, an agreement was reached between the parties whereby the Father would have no direct or indirect contact with the child until the child’s 17 birthday. It was further agreed that the Father would receive biannual written updates (i.e. once every 6 months) regarding the child’s welfare and development. These updates were to be provided by the maternal grandmother by email. The Father was prohibited from contacting the Mother or responding to the updates from the maternal grandmother. A Consent Order reflecting these terms was drafted and endorsed by the Court.
The Mother was also granted a Child Arrangements Order (Residence), formalising the existing living arrangements and providing her with permission to take the child abroad for holidays without requiring the consent of the Father.
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