Case No. EWFC-50

[2021] EWFC 37 MacDonald J was considering the termination of parental responsibility and an order for no contact with the child in respect of an eight year old child and a father with convictions for sexual abuse. In respect of the issue of parental responsibility, he dealt with this at [31] onwards and I take those passages into account. 41.On whether to make an order for no contact with the father, Macdonald J summarised the factors to take into account at [26] and [27]:“26. These principles must be read in light of FPR 2010 PD12J, entitled Child Arrangements and Contact Orders: Domestic Abuse and Harm , which provides as follows at paragraph [7]:"In proceedings relating to a child arrangements order, the court presumes that the involvement of a parent in a child's life will further the child's welfare, unless there is evidence to the contrary. The Court must in every case consider carefully whether the statutory presumption applies, having particular regard to any allegation or admission of harm by domestic abuse to the child or parent or any evidence indicating such harm or risk of harm."27. The foregoing principles set out in PD12J are expressed by reference to domestic abuse. However, it is plain that this approach will apply, in proceedings relating to a child arrangements order, to all allegations or admissions of harm to the child or parent relevant to the question of contact or evidence indicating such harm or risk of harm. Within this context, I note that paragraphs 35 to 37 of PD12J enjoin the court, inter alia , to take the following factors into account when considering child arrangements in cases where the court is satisfied that such harm has occurred:i) The court should ensure that any order for contact will not expose the child to an unmanageable risk of harm and will be in the best interests of the child.ii) The court should apply the individual matters in the welfare checklist set out in s.1(3) of the Children Act 1989 with reference to the harm that has occurred and any expert risk assessment obtained.iii) In particular, the court should consider any harm which the child, and the parent with whom the child is living, is at risk of suffering if a child arrangements order is made.iv) The court should make an order for contact only if it is satisfied that the physical and emotional safety of the child and the parent with whom the child is living can, as far as possible, be secured before, during and after contact.v) The court should consider, inter alia , whether the parent is motivated by a desire to promote the best interests of the child or is using the process to continue a form of abuse against the other parent and the capacity of the parents to appreciate the effect of past abuse and the potential for future abuse.”42.Ms Robertson referred the Court to two decisions of Hedley J concerning children’s contact with their father, who had been a sperm donor: