How are debts owed to family members dealt with in divorce proceedings?
The first question for the court to determine is whether the debts are legitimate, and this is a...
The family court has recently been asked to consider a mother’s appeal against an order made in Child Arrangements Proceedings that she should contribute to the costs of maintaining the parties’ child’s contact with their father.
The court does have the power to make such an order for contribution to contact expenses.
Supervised contact was already taking place at a contact centre prior to the Fact Finding Hearing taking place in the proceedings. At the Fact Find the judge found that the allegations that the Mother had made against the Father, which included rape, sexual, physical and verbal abuse and a pattern of controlling behaviour towards her were proven.
There followed a section 7 report by Cafcass. The Cafcass officer recommended that the contact arrangements should continue, but stated that she would not have recommended direct contact had it not already happened. She also recommended that the contact centre should undertake a risk assessment.
During the appeal the court took the view that the judge was incorrect in the first instance to have continued with an order for direct contact after the finding of abuse. The judge had failed to consider sufficiently the impact that the continuance of direct contact would have on the mother given that the abuse that she had suffered was so serious in nature. The court went on to order that the previous order that the mother should contribute to the contact costs should be set aside along with the order for direct contact and indirect contact would continue in the interim.
The case provides useful guidance in relation to cases where serious abuse has been admitted or found.
George Green’s Specialist family and Divorce lawyers give advice regularly on child arrangements applications. If you wish to discuss your matter please Jane Williams on 01384 340 528 (jwilliams@georgegreen.co.uk) at our Cradley Heath office. We represent clients from the West Midlands and beyond including Dudley, Stourbridge, Cradley Heath and Wolverhampton.