The benefits of contact with a convicted father v the impact on an abused mother

M (Children: Contact in Prison) [2024] EWCA Civ 1104.

This case was regarding 2 children, aged 12 and 10, and a contact application from their father who was imprisoned on a conviction of rape x 2 of the children’s mother.  Both parents were police officers.  He was convicted in April 2024 and sentenced to 12 years in prison.  The father did not accept guilt and was appealing. He had a new partner, Ms V.  The children expressed some interest in seeing their father, but had limited understanding of the reasons for his imprisonment.  

Father sought twice weekly phone and video calls, and monthly visits facilitated by his new partner, as well as contact with Ms V’s family.  The mother proposed written communications only, due to his criminal history and due to the stance of the father and his partner regarding the offences.  

The guardian did not consider it appropriate for the mother to be ordered to take the children to see someone who was guilty of significant offences against her. The children’s views were of great importance, but the impact on the mother as the victim and primary carer could not be ignored. Even phone contact would impact on the children's ability to get on with their daily lives and would leave the mother feeling controlled by her ex-partner.

The guardian did not support any unsupervised contact, and was concerned as to what they would tell the children about the offence or their mother, having said inappropriate things previously.  

The remote hearing before Judge Lieven was only an hour with no oral evidence.  She ordered the mother to facilitate:

(1) a one-off 2-hour prison visit on 13th August 2024 with Guardian support,

(2) three annual 4-hour prison visits with Ms. V, and

(3) monthly 30-minute phone calls.

A section 91(14) order was set for a year, allowing the Guardian to request changes if the initial visit didn’t go well.

The judge based her decision on the need to listen to the voice of the children.  

Permission to appeal was sought by the mother supported by the guardian.

The court of appeal held that a decision on contact needs to consider the relevant factors from the welfare checklist, alongside PD12J which enhances the checklist, particularly Paras 36 & 37.

Paragraph 36 requires courts to assess the welfare checklist in the light of any domestic abuse and expert risk assessments, focusing on the harm suffered by the parent with care and potential risks to both the child and parent if contact is ordered. Contact should only be ordered if the physical and emotional safety of both is ensured, and the parent is protected from further abuse.

Paragraph 37 directs assessment of each parent’s behaviour and its impact on the other. The court will consider the likely behaviour of the parent against whom findings have been made during contact and its impact on the child; and the parents’ insight into past and potential future domestic abuse.

The Judge rightly considered this a challenging case, needing careful scrutiny of the father’s behaviour, its effect on the mother, the impact of contact on her parenting, and potential conflicts of loyalty for the children.

The Judge however did not take into account and was not adequately critical of factors such as the  a) the serious domestic abuse conviction, b)the impact on the mother as per PD12J, c) the father’s unrepentant attitude, d) the children’s limited understanding and settled state, e) weighing up the benefits of contact against secure care from their mother, f) the risks of unsupervised contact confusing the children and damaging the bond with their mother if conflicting narratives, g) the appropriateness of Ms. V as a supervisor, h) the practicality of supervised phone contact, and i) the dismissal of the Guardian’s expert assessment.

The gravity of the father’s offending had been overlooked, and priority was given to a limited assessment of the children’s wishes and the Judge’s own belief of their need for contact.

The appeal was allowed and remitted for reconsideration of contact to be reassessed on all relevant factors.

We specialise in providing advice and representation in proceedings regarding children. Please contact our Patricia Beckett at p.beckett@wilsonllp.co.uk for more details, or to arrange for an appointment, please call Mavis on 020 8885 7986

‍

‍