K (inability to instruct guardian)

This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment), in any published version of the judgment, the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.

       This short judgment relates to a difficulty that, currently, is being experienced in many private law proceedings in this area. The court has joined the children to the proceedings. It has not been possible to secure a report from a guardian. The three legal representatives agree that it is in the public interest that this anonymised judgment should be published in relation to that issue.

       These proceedings concern two children. As to their ages, it is sufficient to say that they are both at primary school. They live with their mother. The father�s contact with them is currently limited to indirect contact (i.e. by way of letters or cards) and there is supposed to be a video call between the father and the children each week for 15 minutes.

       The parents originate from an Eastern European country but are habitually resident in this country. The mother wishes her address to remain confidential. The father lives in the Bristol area.

       The legal representatives agree that the underlying allegations between the parties are these. The mother alleges that the father was coercively controlling of her and that he physically chastised the children. She says that the children are fearful of their father and do not want to see him. The father alleges that the mother was coercively controlling of him and has manipulated the children against him. No party suggests that there is a need for a separate fact finding hearing.