SITTING AT DERBY
Morledge Derby DE1 2XE |
||
B e f o r e :
____________________
EH |
Applicant |
|
- and - |
||
FT |
Respondent |
____________________
The Respondent appeared in-person
Hearing dates: 15 and 16 April 2023
____________________
Crown Copyright ©
Mr Recorder O'Grady:
Introduction
Preliminary Issues
Participation Arrangements
The Father's Brain Injury
The Issues
a. The nature of the relationship the children should have with the father; namely whether that should involve direct contact or indirect contact alone; and
b. How parental responsibility should be exercised if the father is not to have direct contact with the children.
Background
The Evidence
The Consultant Clinical Neuropsychologist (CB)
"During further rehabilitation after several years, he regained the capacity to manage his financial affairs, albeit with a recognition that he required some advice and support in doing so. He also managed to return to doing some part-time employment, including some self-employment, but struggled to cope with the multiple demands of the latter and is currently reliant on benefits for his income.".
"FT has unfortunately been left with a number of cognitive issues as a result of his brain injury which are unlikely to improve further, either spontaneously or in response to any additional neuro-rehabilitation. These are particularly partially related to damage to the frontal lobes of his brain causing him some problems with executive function. This means that he struggles to deal with unforeseen eventualities or to quickly and dynamically problem solve under such circumstances. He can also be somewhat rigid in his thinking and behaviours. He is prone to a considerable degree of fatigability if he does not plan and pace his activities carefully and, as he begins to fatigue, he can become somewhat inattentive. He finds having to multi-task particularly challenging, not only because of his dysexecutive issues, but also because of how this quickly fatigues him. Whilst he recognises the need for some assistance in his day-to-day management of his everyday affairs and is in receipt of funding for a personal assistant in this regard, he can somewhat overestimate his abilities at times. However, in general, he is capable of supported independent living as detailed above and has long ago been found fit to drive by the DVLA. Although his decision making is mostly sound under predictable circumstances, it can be less so in unpredictable ones, particularly if he is fatigued or emotionally upset in some way. At such times he can act out impulsively in ways that are usually characteristically of him and he can loudly vent his anger with little recognition of the impact this could have on people around him.".
CB says:
"I have no doubt that FT is missing contact with all his children and is wanting such contact to resume at the earliest possible time. However, I believe it would be in his and the children's best interests for this to resume as soon as possible in a controlled environment where his ability to parent his children can be monitored by experienced childcare staff who can offer him direction or intervention if he begins to struggle in any way. If he is to have any contact outside of such an environment, then I would recommend that this initially be only with him being in the company of another adult approved by the Court. Whilst I hope in the long term he will prove himself capable of having his children under his sole care back in his own home or outside in the community, I feel this needs to be subject to assessment and support from statutory services to give the best chance of this happening safely for both him and his children.".
The Social Worker (DS)
The Mother
The Father
Positions of the Parties
The Law
Factual Determinations
"29. There are specific risks to which the Court must be alive; allegations of abuse are not made by a neutral expert Local Authority which has nothing to gain by making them, but by parents who are seeking to gain an advantage in the battle against the other parent. This does not mean they are false, but it does increase the risk of misinterpretation, exaggeration and downright fabrication.".
The Court must take account of all the evidence, considering each piece of the evidence in the context with the other evidence, surveying a wide landscape, and must avoid compartmentalising.
Domestic Abuse
a. Is directly against or witnessed by the child.
b. Causing the victim of the abuse to be so frightened of provoking an outburst or reaction from the perpetrator that she or he is unable to give priority to the needs of his or her child.
c. Create an atmosphere of fear and anxiety in the home which is inimitable to the welfare of the child.
d. That risks inoculating, particularly in boys, a set of values which involves treating women as being inferior to men.
Welfare
Discussion and Analysis
Welfare Findings
Welfare Options
Indirect contact only
Direct contact, including supported and supervised contact
Conclusions
Findings
Welfare