Court Report: Indirect contact with half-siblings
Monday, January 10, 2011
Case name: H (Children); Case number: [2010] EWCA Civ 1200; Judges: Lord Justice Thorpe and Lady Justice Smith; Location: Court of Appeal
This case concerned R, the half-sister of two younger siblings. R wished to have indirect contact with her siblings through letters.
A report produced by a Children and Family Court Advisory Support Service (Cafcass) officer supported R in her claim for indirect contact with her half-brother and sister. The officer believed that indirect communication with their sister would be beneficial for the children as it is important for them to learn about their background and heritage.
The father of the two younger siblings did not want them to have any contact with R.
He believed that this was a "backdoor" attempt for the children's mother, also the mother of R, to be reintroduced into the children's lives when she had not played any part in their lives for a considerable time. The court at first instance took account of the father's concerns and refused R's application for indirect contact.
The Court of Appeal overturned the decision of the first court and made an order for R to have indirect contact with her younger half-siblings. The court held that the judge at first instance had not given proper consideration to the right of the children to a wider family life. Lord Justice Thorpe explained that this case required the court to weigh the benefit to the children of having contact with their half-sister against the potential risk of harm to them. He held that having indirect contact with R offered a real benefit to the children and that the risk of harm was considerably small.
OTHER RECENT DECISIONS
Case name LB Richmond v B & W & B & CB
Case number [2010] EWHC 2903 (Fam)
www.familylawweek.co.uk/site.aspx?i=ed71271
Case name W (A Minor)
Case number [2010] EWCA Civ 1280
www.familylawweek.co.uk/site.aspx?i=ed72205
