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RE M (CHILDREN)

In circumstances where a father completely denied historic domestic violence, it was inappropriate for him to undergo an expert assessment of the risk that he posed of reoffending, as such an assessment would be futile whilst he remained in absolute denial of the domestic violence.

4 May 2010

The appellant father (F) appealed against a decision of a judge in family proceedings not to permit F the benefit of an expert reoffending risk assessment. The judge had considered family proceedings in which the first respondent mother (M) had asserted that F's relationship with her had had a history of aggravated violence so that she had had to flee and live a peripatetic life in different refuges for fear of F. In the conclusion of his judgment the judge made 12 serious findings against F, whose position following service of the judgment was to reject the judge's conclusion in its entirety. Thereafter, F commenced proceedings seeking permission to have a particular expert appointed to undertake an assessment of the risk that F posed of reoffending. The judge adjourned the application and stated that F continued to deny the events and that there had been no shift in that position. The matter was further adjourned as the judge wanted the view of the children's guardian. Next, F fil...

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