Protecting a Mother by ensuring a Father upholds an injunction

Marie represented a Mother in an application for a non-molestation injunction, which she successfully obtained. She also agreed an interim child arrangements order with her client’s ex-partner in relation to the children, as he had issued an application for a child arrangements order.

Under the terms of the order, a third party was to do handovers. However the Father breached the injunction and was convicted of those breaches. At the FHDRA the case was listed for a fact-finding hearing to determine the allegations of domestic abuse and the Father was warned about any further breaches. In the meantime contact should continue as before.

The Father, somewhat unusually, argued that there was no need for an injunction (despite having breached it). The Court did not agree and the order continued as before. A third party will do the handover so that the Mother would not have to come into further contact with her ex-partner.