Clare Ciborowska, instructed by Emma Taylor, Head of Family at Goodlaw Solicitors LLP, successfully represented the appellant in A v R (Appeal: Unsupervised Contact Prior to Determination of Allegations: PD12J) [2025] EWFC 503 (B). The appeal challenged the District Judge’s decision to order unsupervised contact despite also accepting that a fact‑finding hearing into allegations of domestic abuse was necessary.
HHJ Talbott sitting in Hastings held:
As I have already set out, the mother’s case in the simplest of terms is that having determined that a fact-finding hearing was necessary, the determination of the District Judge that unsupervised contact should take place was so flawed as to be wrong.
That is a submission with which I agree.
Whilst it is right that there is no blanket rule established by any of the authorities placed before me on behalf of the mother, including in a matter of TG (A Child) [2013] EWCA Civ 5, Re D (A Child) (Appeal out of time) [2020] EWHC 1167 (Fam) or GM v VB [2025] EWHC 857 (Fam), that if a fact-finding hearing is directed then there must not be unsupervised contact, it is clearly the case that it would be the exception rather than the rule that unsupervised contact would nonetheless be ordered when a court has determined that allegations of domestically abusive and/or controlling and/or coercive behaviour need to be determined before the welfare disputes between the parents can be resolved.
That must particularly be the case where the ultimate welfare decision is whether there should be unsupervised contact or not. Because, for the reasons I have set out, it is only in cases where it is necessary to determine such allegations to make significant welfare decisions for children on a safe basis and to provide an accurate basis on which to assess risks for a child that the fact-finding hearing would be directed in any event.
In the circumstances of this case, bearing in mind the allegations that were made, I am entirely satisfied that the District Judge did fall into error and was wrong to direct that contact could safely progress to unsupervised contact in the community.
The full judgment is available here.
