H (A Child) [2006] EWCA Civ 1163 (19 July 2006)

H (A Child) [2006] EWCA Civ 1163 (19 July 2006)

Permission to appeal is required against a refusal to make a committal order. The judge was entitled to refuse the committal order based on the evidence, particularly the guardian's view that imprisonment would harm the child and not achieve compliance. There was no error in the judge's approach or reasoning.

Citation
[2006] EWCA Civ 1163
Parties
Appellant/father: Mr H (AH); Respondent/mother: Mrs B (LB); Guardian: Guardian (A's Guardian)
Jurisdiction
England and Wales
Judgment Date
19 July 2006
Procedural Posture
Appeal (civil) / Application for Permission to Appeal Against Refusal of Committal Order
Outcome
Permission to appeal refused
Legal Topics
Child Contact, Committal for Contempt, Appeals Procedure, Judicial Continuity
Family Law Civil Procedure Child Contact Committal for Contempt Appeals Procedure Judicial Continuity

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Parties

Mr H (AH)

Appellant/father

Mrs B (LB)

Respondent/mother

Guardian (A's Guardian)

Guardian

Procedural Posture

Appeal (civil) / Application for Permission to Appeal Against Refusal of Committal Order

Legal Issues

  1. 1 Whether permission to appeal is required against refusal to make a committal order
  2. 2 Whether the judge erred in refusing to make a committal order against the mother for breach of contact order

Ratio Decidendi

Permission to appeal is required against a refusal to make a committal order. The judge was entitled to refuse the committal order based on the evidence, particularly the guardian's view that imprisonment would harm the child and not achieve compliance. There was no error in the judge's approach or reasoning.

Court Disposition

Permission to appeal refused

Orders

  • Leave to release all relevant papers to Mrs Deirdre Offord of Carter Brown Associates for Transformative Assessment
  • Joint letter of instructions to be agreed within seven days