Summary of a child care dispute that was successfully resolved by family lawyer, Gemma Sparks.
If you are involved in a child care dispute and need an experienced lawyer to assist you, then contact Gemma Sparks for a free consultation. Call 0333 888 0404 or email us at [email protected].
Background to the dispute
Gemma Sparks, who is a partner in our family law team, represented the father in this real-life child care dispute. The case involved a disagreement between F (the father) and M (the mother) over where their child should live and how much time the child should spend with each parent. There were concerns about ‘parental alienation‘ (one parent trying to turn the child against the other), accusations of domestic abuse, and issues concerning the child’s well-being.
What Happened at the Start?
After F and M separated, the child mainly lived with M. However, there was an agreement for the child to also spend time with F. F was concerned that M was being overly controlling about how and when contact would happen. F also worried about M’s mental health, especially since M had previously made threats of suicide. F initially saw the child regularly, but M then started changing the arrangements without any discussion.
The Legal Process Begins
F consulted specialist family lawyer Gemma Sparks. She applied to the court on his behalf to resolve the issues. Cafcass (an independent organisation that helps with family disputes within the court process) was asked to investigate. Cafcass looked into the situation and recommended a special hearing to determine whether the allegations raised were true. These special hearings are known as “Fact Finding Hearings”. Cafcass also suggested that, due to concerns about M’s behaviour, F and the child should not have any contact for the time being. This was to minimise any potential harm being caused to the child.
Concerns About Parental Alienation
Gemma gave advice to F about parental alienation and highlighted concerns that M might be influencing the child against him. In such cases, the court will often appoint a guardian for the child and bring in an expert to help with the assessment of behaviours.
The overriding concern was that if there was continued “no contact” between F and the child, it could make things worse. By this point, five months had passed with no contact at all.
F’s Request for Contact
Gemma made an application to the court for supervised contact, along with a further application for the child to live with F given the concerns about M’s behaviour and the risk of harm to the child.
M opposed the application for contact, which led to a contested hearing. F’s application for supervised contact was successful.
M’s behaviour continues
Sadly, M failed to comply with the contact order. A report was filed showing that contact had not moved forward because M had not been willing to engage with the process.
Appointing an Expert and Guardian
The court appointed a guardian for the child, and an expert was brought in to assess the situation, even though M opposed this. The expert carried out assessments, and the evidence was submitted to the court.
The Court’s Decision
After reviewing the evidence presented by all parties, the court decided that the child should be removed from M’s care and placed with F. An order was made to provide for supervised contact between the child and M and the court also made an order that M should not be able to attend the child’s school or remove the child from F’s care.
The Outcome
Following the court order placing the child in F’s care, the child adjusted well. Both parents subsequently began working towards a shared care arrangement, with M completing the work that the expert recommended.
Summary
This case shows how difficult child care disputes can be resolved, even when there are accusations of abuse or one parent trying to turn the child against the other. With the help of experts, the child’s best interests were prioritised, and a solution was found that allowed the child to live with F while still considering M’s role as a parent.
How we can help you
Contact family lawyer Gemma Sparks for a free consultation. Call 0333 888 0404 or email us at [email protected].
