Re C (Residence Order), July 2007. Transfer of residence of the child from the mother to the father due to obstruction of contact by mother.

From FamilyLawWiki

In Re C (Residence Order) the Court of Appeal, in July 2007 were considered the case of a five year old child who had lived all her life with her mother. The mother had refused contact between the child and the father since October 2003, which resulted in the father becoming a 'virtual stranger' to the child. Following, inter alia, V v V [2004] EWHC 1215 (Fam), [2004] 2 FLR 851 and Re A [2007] All ER (D) 156 (Jun) the judge made an order for the transfer of residence of the child from the mother to the father.

The mother's appeal against the decision was dismissed and the matter was remitted back to the court for ancillary orders relating to contact, therapy for the child and family assistance. The Court of Appeal stressed the importance of courts acting robustly in cases of failing and/or failed contact. The full appeal in this case was heard within six working days of the date of the first instance judgment, illustrating the speed with which appeals in family cases can be heard. These are important dicta for those practising in this area and the repeated urging of Courts acting "robustly" in cases of a parent refusing or blocking contact is something practitioners should be aware of, whichever side they represent.