ANNEX A – FURTHER DETAIL ON FAMILY JUSTICE PROVISIONS: Example 5
742.Parent A and Parent B were married and had a child. Their marriage has subsequently broken down, and the child lives with Parent B and has regular contact with Parent A. Parent A applies for a child arrangements order that sets out that the child should live with Parent A full time and alleges that Parent B poses a risk of harm to the child.
743.Parent A claims that Parent B has been verbally and physically abusive to the child on several occasions. The court hears evidence of Parent A’s allegations, which are supported by other witnesses.
744.The court is of the view after considering the evidence that Parent B poses a risk of harm to the child. The court considers that despite the risk of harm presented by the current arrangement, so long as Parent B is not left alone with the child, it would be possible for Parent B to continue to have some form of involvement in the child’s life that would not expose the child to a risk of harm, such as indirect or supervised contact, accordingly the presumption applies in respect of parent B and the court presumes that the child’s welfare would be furthered by such involvement.
745.There is no evidence to suggest that Parent A poses any risk of harm to the child, in fact there is a strong relationship between the child and Parent A. On that basis the presumption stands in respect of Parent A and the court presumes that the child’s welfare would be furthered by the involvement of Parent A in the child’s life. There is no evidence advanced by Parent B to suggest otherwise.
746.The presumption stands in respect of both Parent B and Parent A. The court makes its decision, weighing the presumption alongside the other considerations in section 1 of the Children Act 1989, with the child’s welfare remaining at all times the court’s paramount consideration.