
At that hearing, judge Thomas Greensmith set out a “road-map” regarding contact which involved video-calls between mother and daughter progressing to direct contact three times a week.
However, the video calls were “unsuccessful”, with a social worker noting the child was “scared and tearful” and “resistant” to speaking to her mother, who she described as “naughty mummy”.
The local authority and the children’s guardian – an independent social worker appointed to represent the child’s best interests – returned to court to express their concerns and asked the judge to restrict contact to one video call a week for the time being.
The mother’s legal team argued the calls were “improving” and asked the court to order twice-weekly direct contact.
Judge Greensmith sided against social services and criticised them for “taking the word of a very young child”.
He told the authority: “There really needs to be direct contact, even if it’s just for a few minutes.”
The Court of Appeal said in a written judgment that Judge Greensmith had made his decision “without any meaningful consideration of [the child’s] current welfare”.
Judge Greensmith’s ruling was set aside and the case was remitted to a different judge.
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