ON APPEAL FROM the Family Court sitting at Watford
Parker J (WD13C02440)
HHJ Waller (WD12C01024)
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE KITCHIN
and
LORD JUSTICE RYDER
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BP [1] -and- SB [2] |
Appellants |
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- and - |
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Hertfordshire County Council [1] -and- P (A Child) and B (A Child) [2] |
Respondents |
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Mr. Philip Conrath (instructed by BTMK Solicitors) for the Second Appellant
Mr. Nicholas O'Brien (instructed by Chief Legal Officer, Hertfordshire County Council) for the Respondent
The Children did not appear and were not represented
Hearing date: 9 October 2014
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Crown Copyright ©
Lord Justice Ryder:
a. father exhibited sustained antagonistic behaviour throughout the proceedings before DJ Mellanby who concluded that his behaviour was likely to continue;
b. the consultant psychiatrist relied upon by DJ Mellanby was of the opinion that father would not change his aggressive behaviour;
c. father had assaulted the social worker in the presence of P in respect of which he has been been convicted and since then he has also been convicted of an offence of threats to kill for which he was sentenced to a term of imprisonment;
d. father was unlikely to be able to manage his behaviour even in the presence of his children;
e. father prioritised his own needs above those of his children:
i. by refusing to engage with the local authority to agree contact with his sons even to the extent of denying B a relationship with him;
ii. by refusing to comply with assessments or engage with the children's guardian;
iii. caused an unnecessary change of placement for P;
f. father is unlikely to change his behaviour;
g. mother is unable to control father's behaviour.
Lord Justice Kitchen:
Lord Justice Moore-Bick: