Edward Bennett in C v D [2025] EWHC 963 (Fam)
2nd Jun 2025 | Cases
Edward Bennett, instructed by Gunnercooke LLP, represented the Respondent father in C v D [2025] EWHC 963 (Fam); an appeal by the mother to the High Court against a Family Court, and before that a Magistrates Court, decision which granted the father supervised contact with their two children, aged 7 and 6.
The appeal focused on whether the Family Court had adequately considered the mother’s allegations of domestic abuse and the potential emotional impact of such abuse on the children.
At the final hearing the judge at first instance found that the parents were locked into a relationship of implacable hostility and that rather than there being a perpetrator and victim of domestic abuse, both were guilty of perpetuating ‘an abusive, toxic and confrontational relationship’. The judge further felt that that the mother’s motive for appealing the supervised contact order was motivated by anger towards the father rather than genuine concerns as to the welfare of her children.
The High Court noted that contact sessions with the father had taken place without incident and that the expert reports had not flagged any safeguarding issues. The High Court could not detect an error of approach or principle by the judge at first instance. Appeal dismissed.
