Udall and Oaks (No 2)

The case of *Udall and Oaks (No 2)* concerned a dispute between parents regarding the upbringing of their child, D. The child had been living with the father for an extended period, with no contact with the mother for two years. The proceedings involved expert opinion regarding allegations of abuse and neglect by each parent, as well as concerns about the father alienating D from the mother. The court was required to determine the best interests of the child, considering the risks of harm, the need to maintain a meaningful relationship, and the likely effect of any change in circumstances.

The central legal issues before the court were whether there was an unacceptable risk of harm to D in the proposed parenting arrangements, and how to best protect D from serious psychological harm. The court had to assess the parental capacity of each parent, particularly in light of allegations of family violence. Ultimately, the court was tasked with determining which parent should exercise parental responsibility and with whom D should live, ensuring that the child's best interests were paramount.

In its reasoning, the court placed significant weight on the expert opinion, which suggested that D should live primarily with one parent and have very limited or no contact with the other. The court found that it was in D's best interests to live with the mother. Consequently, the court discharged all previous parenting orders and made new orders granting the mother sole parental responsibility for D. D was ordered to live with the mother and have no time with the father until he turns 16. From that age, limited contact was permitted. Extensive injunctions were imposed on the father to protect D and the mother, including prohibitions on communication and proximity, with a power of arrest attached. The court also made orders regarding international travel, the surrender of passports, and the engagement of therapeutic support for D and the mother.