Source: All England Reporter
Publisher Citation: [2002] All ER (D) 396 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Thorpe, Rix and Arden LJJ

Representation Jonathan Cohen QC and David Williams for the mother.
  Timothy Scott QC and Tina Villarosa for the father.
Judgment Dates: 25 October 2002

Catchwords

Children - Contact order - Contact with father - Expert opinion - Failure to follow opinion of child psychiatrist - Judge granting father direct contact - Evidence of children's anxiety.

The Case

A judge had erred in failing to understand the gravity of a formal and specific psychiatric diagnosis such as that made by a child psychiatrist in respect of two children. It had not been open to the judge to decide contact proceedings on any other footing, as the child psychiatrist's evidence as to the anxiety direct contact caused the children had been determinative of the issue. In those circumstances, the order allowing direct contact would be set aside and substituted by a regime of indirect contact.

Practice Areas

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