The High Court has overturned a lower court’s decision allowing a child to have overnight contact with her father, despite previous findings of domestic and sexual abuse. The ruling significantly alters contact arrangements to safeguard the child’s wellbeing.

The appeal was brought by Ms V against a 2024 Family Court consent order that permitted her ex-husband, Mr V, to have alternate weekend contact, including overnight stays, with their daughter, Amy.

However, earlier findings by the court had already established that Mr V had sexually abused Ms V, engaged in coercive and controlling behaviour, and used excessive force against Amy during a 2020 incident. Despite these serious concerns, contact arrangements had not been revised.

Appeal allowed due to serious judicial error

Mr Justice Peel, sitting in the Family Division of the High Court, found that the lower court’s judgment had “no real attempt” to evaluate the risks posed by Mr V or the implications of the established abuse.

“The overall approach was seriously flawed,” said Justice Peel, who called the earlier ruling a “significant misjudgement” that placed the child at unnecessary risk of harm.

The appeal revealed that, despite the mother’s ongoing concerns and new allegations of abuse, the lower court had allowed contact to continue without any protective adjustments while a fact-finding hearing was pending.

Contact arrangements revised

In a decisive move to prioritise the child’s safety, the High Court immediately suspended overnight stays. Going forward, Mr V’s contact with Amy will be limited to:

• Every other Tuesday after school, and

• Alternate Saturdays during the day

This adjustment aims to provide supervised and limited contact while the court further examines the mother’s recent claims.

“The revised order reflects the need to protect the child from potential physical and emotional harm,” Justice Peel stated.

A reminder of safeguarding in family proceedings

This ruling underscores the importance of properly assessing risk in family contact cases where domestic or sexual abuse has been proven. It also highlights the need for courts to act cautiously when there are unresolved allegations of ongoing harm.