Representing a Mother where Father breached injunction

Marie represented the Mother in an application for a non-molestation injunction, which she obtained. She also agreed an interim child arrangements order with her former partner in relation to the children, as he had issued an application for a child arrangements 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 will continue, supervised, 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 continues as before.

A third party will continue to do the handover and the Mother will not have to come into contact with her former partner again.

At the fact finding and final hearing, findings were made in relation to domestic abuse and an order for contact was made by consent. The Mother continues to be protected for the near future, by way of undertakings when the order runs out later this year.

At the final hearing the contact was agreed by the Parties and there was a s.7 Cafcass report, the recommendation of which were followed by the Parties.