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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> K (Children), Re [2002] EWCA Civ 1424 (4 October 2002) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/1424.html Cite as: [2002] EWCA Civ 1424 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE SOUTHAMPTON COUNTY COURT
(Mr Recorder Wildblood QC)
Strand London WC2 Friday, 4th October 2002 |
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B e f o r e :
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K (CHILDREN) |
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Smith Bernal Reporting Limited
190 Fleet Street London EC4A 2AG
Tel: 020 7421 4040 Fax: 020 7831 8838
(Official Shorthand Writers to the Court)
The Respondent Mother did not appear and was not represented.
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Crown Copyright ©
MR JUSTICE BODEY:
"These are bright, articulate children who have both expressed their wishes, in respect of not wanting to see their father, very clearly. They were also able to explain their reasons for this. They expect that these will be respected. ... I am sure that further Court proceedings will be stressful and anxiety provoking for them. They have suffered a great deal of trauma already as a result of the difficulties the family formerly experienced. I feel that it would be extremely detrimental to their wellbeing if the issue of contact was forced against their will."
"It is my opinion that [J]'s and [D]'s feelings are entirely to be expected given the traumatic experiences they have suffered during and after their parents' marriage. In the circumstances I feel they are as settled and well balanced as one could hope for. I am convinced that [the mother] is not actively dissuading the children from contact and that she would facilitate this if the children wanted it. Any personal feelings she may have about [the father] are entirely understandable in light of her description of experiences with him. She and the children remain frightened of him."
"... very angry with his father, both because of his past behaviour and because of his ongoing interference. [J] works very hard at school and told me his father has written to him at school report time to say `do well for me'. [J] resents this as `I am not doing this for him; I am doing it for myself'."
The report then records J as having told Mrs Barlow that he had had to miss certain of his extracurricular activities as a result of the father's letter to the school mentioned above. The report continues:
"[J] also feels that [the father] undermines his schooling as he has `complained to the Head and then complained to the Chair of Governors; then complained to the Education Authorities saying the school is not `Christian enough, as it does not support parental values'."
J reported that he did not want the father to write to him or to be involved in his schooling and said that he "really, really hates" his father. As regards D, Mrs Barlow's report of December 2001 says:
"He is fearful that [the father] `might behave badly again' and does not want to see him. He told me he does not like his father and is angry with him and added `there is nothing he could do to make it up or right or make me want to see him'."