Opposing contact where a Non Molestation Order is in place

Marie represented a Mother who had obtained a Non Molestation Order in respect of her husband, from whom she is separated. He had made an application for a CAO to spend time with the children. The Mother opposed interim contact between the Father and the children.

The Court decided they did not need to have a Fact Finding hearing because contact had taken place after the separation of the Parties and considered that a s.7 report was sufficient to inform the court as to potential risks. They did, however, refuse to order interim contact, even on a supervised basis, as this would have been against the current Cafcass recommendations.

The case has been adjourned to a DRA and s.7 report ordered.