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Legal Update: Court Report - Father appeals denial of contact

Case name: M (Children) Case number (2013) EWCA Civ 1147

Judge: Lady Justice Macur DBE, Lord Justice Underhill, Lord Justice Longmore

Location: The Court of Appeal

A father appealed against a decision that refused him contact with his three sons, aged three, five and seven. There had been significant domestic violence from the father to the mother, witnessed by the two older children. The court found that the father's failure to address the attitudes and behaviours which he displayed during the marriage and about which the mother had a genuine fear of him were, on the evidence before the judge, undoubtable. However, this did not justify the "drastic order" of refusing the father contact, unless she was of the view that any form of contact (however carefully supervised and controlled) would cause serious damage to the children. The court allowed the appeal, finding that:

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