i-law

Litigation Letter

Child contact

SMD v LMD [2014] EWHC 302 (Fam), [2014] All ER (D) 282 (Mar); NLJ 4 April

In determining a contact application the paramount consideration was the welfare and best interests of the child. The starting point was that contact with a non-residential parent was generally in the best interests of a child. Any restriction on contact with a child but, especially, an order that there be no contact, direct or indirect, might only be justified on the basis of the most cogent and compelling evidence. When considering making an order for no contact; such an order should only be made where the court was satisfied that there was a serious risk of harm if contact were to be ordered.

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