irIn January 2024, advocate and 26-year qualified solicitor, Rafique Patel, argued at an FHDRA management hearing that the court must find a way to secure interim contact for the parent.
The case involved one resident parent, granting a second parent only 15 minutes of phone contact a week. This was unacceptable and was destroying the relationship between the children and the other parent.
Cafcass had reported, although the local authority had not, on serious allegations made by one party. The courts stated they could not make any progress as the report did not specify the frequency of any contact and whether it should be supervised or unsupervised.
The court also stated that as serious criminal allegations that had been made, it should wait to consider contact. The Crown Prosecution Service were still considering the allegations.
Rafique Patel forcibly argued that, given the initial findings, there were no concerns as regards the children. He insisted the court act to prevent injustice from continuing.
He argued that there was good authority to state that when a parent was not seeing children face to face, their relationship would deteriorate. Patel exhorted the courts to intervene to stop that injustice, even though this was only an FHDRA hearing.
Bond Adams secured unsupervised contact after lengthy submissions and the client was delighted.
The lesson from this matter is to fearlessly act for your clients and seek to preserve their rights.
For all your Children Act, divorce and other litigation needs, contact us on 01162858080 or lawyers@bondadams.com. Alternatively, attend our offices nationwide.