Acting on behalf of a father in Children Act proceedings, which he had brought in respect of the 4 children of the family (aged 3 to 8). Difficulties arose as the mother began to obstruct his contact with the children, and no reason had been given as to why contact was being refused. The children had always had a close bond with their father, and had enjoyed their contact with him.
The mother alleged, within the course of the proceedings that she had concerns as to the father’s ability to care for the children. She alleged a number of things against the father, but had no evidence to substantiate her claims. CAFCASS raised no safeguarding concerns, and recommended that regular contact be reinstated.
An order was put in place. The mother did not entertain the recommendations given, and continued to refuse the father contact with the children, despite the court order in place. She also made the decision, without any consultation of the father, to remove 2 of the children from the school that they were happy and content at- no reason was given for this action.
The father was forced to instigate enforcement proceedings, given mother was in breach of the court order. Due to the mother’s erratic behavior, the father during the course of the proceedings, also made an application that the children reside with him, instead of the mother.
The court ordered that residence of all 4 children be shared between the parties.