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Family proceedings – Orders in family proceedings. The mother of two girls had fled the family home with the children and residence orders had subsequently been made in her favour. The father applied for direct contact with the children. A fact-finding hearing led to the conclusion that the mother was in genuine fear of the father and that he had threatened to kill her. Assessments had placed her as being at high risk of 'honour' based violence. The original CAFCASS officer had recommended against direct contact between the father and children. The second officer recommended direct contact. The judge dismissed the father's application. The Court of Appeal, Civil Division, held that the judge had been entitled to disagree with the recommendation of the second officer and had given reasons for his conclusion. Further, the judge had had in mind all the factors that had fallen to be balanced.
Family proceedings – Orders in family proceedings. The mother of two girls had fled the family home with the children and residence orders had subsequently been made in her favour. The father applied for direct contact with the children. A fact-finding hearing led to the conclusion that the mother was in genuine fear of the father and that he had threatened to kill her. Assessments had placed her as being at high risk of 'honour' based violence. The original CAFCASS officer had recommended against direct contact between the father and children. The second officer recommended direct contact. The judge dismissed the father's application. The Court of Appeal, Civil Division, held that the judge had been entitled to disagree with the recommendation of the second officer and had given reasons for his conclusion. Further, the judge had had in mind all the factors that had fallen to be balanced.
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