P (Children), Re

P (Children), Re

The judge erred by disregarding the history of domestic violence, failing to consider the welfare checklist, and failing to provide reasons for departing from the Cafcass officer's recommendation for supervised contact. The judge also failed to give the local authority an opportunity to comment before making a family assistance order. These errors undermined the discretionary decision, requiring the appeal to be allowed and the matter remitted for review.

Parties
Appellant Mother: MP; Respondent Father: LP
Jurisdiction
England and Wales
Judgment Date
09 April 2015
Procedural Posture
Civil Appeal (family Law Child Arrangements) / Appeal From Child Arrangements Order, Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Child Arrangements, Contact Orders, Domestic Violence, Supervision of Contact, Family Assistance Orders, Risk Assessment
Family Law Child Law Child Arrangements Contact Orders Domestic Violence Supervision of Contact Family Assistance Orders Risk Assessment

Case Brief

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Parties

MP

Appellant Mother

LP

Respondent Father

Procedural Posture

Civil Appeal (family Law Child Arrangements) / Appeal From Child Arrangements Order, Judgment on Appeal

Legal Issues

  1. 1 Whether the judge failed to properly consider domestic violence and Practice Direction 12J in making an unsupervised contact order
  2. 2 Whether the judge gave adequate reasons for departing from the Cafcass officer's recommendation for supervised contact
  3. 3 Whether the judge failed to give the local authority an opportunity to comment before making a family assistance order

Ratio Decidendi

The judge erred by disregarding the history of domestic violence, failing to consider the welfare checklist, and failing to provide reasons for departing from the Cafcass officer's recommendation for supervised contact. The judge also failed to give the local authority an opportunity to comment before making a family assistance order. These errors undermined the discretionary decision, requiring the appeal to be allowed and the matter remitted for review.

Court Disposition

Appeal allowed

Orders

  • Matter remitted for review
  • Family assistance order set aside