Marie represented a Mother where the Father has a CAO for contact with their child. However contact was suspended after the child made disclosures of potential sexual harm whilst in his care. A s.47 investigation was carried out by Children’s Services and the concerns were substantiated, although whether it was sexual harm by the Father was not proved.
The Father made an application to enforce the CAO, however, due to the way it was drafted, it was not enforceable; therefore the Court treated his application as a fresh application for a CAO.
At the FHDRA the Court appointed a rule 16.4.Guardian and ordered an Initial Analysis and there will be a direction hearing in due course. The Court also ordered discourse from the Police and Children’s Services in relation to that investigation, and that the Father undertake hair strand testing.
The court also made an order for a PSO to prevent the Father from removing the child from the Mother’s care, along with an order that the child live with the Mother.
The case was then listed for a fact-finding hearing, which is pending.