Judge halts mother’s court action after children refused contact

A mother’s application to re-establish contact with her four children has been rejected by the court after the children expressed strong opposition to seeing her.

Amy Fallows Senior Associate Solicitor & Head of our Family Law team reports on this case.

Her Honour Judge Suh concluded that forcing the children into direct contact would harm their emotional well-being, stating that “their welfare is my number one concern”.

The children, aged between 9 and 14, have lived with their father since 2016, after being removed from their mother’s care due to concerns about her mental health and the instability of her home life.

Despite the mother’s recent efforts to reconnect, the children have consistently rejected her attempts, even going as far as refusing emails, gifts, and videos she had sent.

Judge Suh acknowledged the mother’s desire for a relationship with her children and praised her conduct during the proceedings, noting that she “has conducted herself with great dignity and is open to further therapeutic help.” However, the judge emphasised that the children’s “clear and powerful” wishes could not be ignored, particularly after they had suffered significant emotional harm in their early years.

The judge highlighted that the mother’s fluctuating mental health and inconsistent presence in the children’s lives further complicated the situation. “It is important because she needs to be well enough to build a predictable and consistent relationship with the children,” said Judge Suh.

The court ordered that the mother could continue to send emails to the children once a month, allowing them the choice to read or respond if they wished. The judge also placed restrictions on the mother starting new court proceedings for the next three years unless there is a significant change, such as the children expressing a desire to see her.

In closing, Judge Suh acknowledged the mother’s love for her children but stated, “It would be harmful to force the children to see their mother face-to-face when they are hostile to it, and we have yet to establish a good rapport by email.”

For more information about the issues raised in this article or any aspect of family law please contact Amy on 01228 516666 or click here to send her an email.