V (Children), Re [2008] EWCA Civ 635 (28 March 2008)

V (Children), Re [2008] EWCA Civ 635 (28 March 2008)

The committal order was seriously flawed as it was not a measure of last resort, failed to consider the effect on the children of their mother's imprisonment, did not follow the guardian's recommendations, and was based on the wrong criterion (ending a family feud rather than the children's welfare). The contact order was also set aside for lack of proper consideration of the children's best interests in changed circumstances.

Citation
[2008] EWCA Civ 635
Parties
Appellant/mother: EV; Respondents/applicants for Committal and Contact: Paternal Grandparents; Respondents/children: Children (AEV and PJV)
Jurisdiction
England and Wales
Judgment Date
28 March 2008
Procedural Posture
Appeal (family Law Contact and Committal) / Court of Appeal (civil Division) Judgment on Appeal From County Court
Outcome
Appeal allowed; committal order and contact order set aside; permission to appeal granted.
Legal Topics
Child Contact, Committal for Contempt, Best Interests of the Child, Suspended Sentences, Role of Guardian, Enforcement of Contact Orders
Family Law Civil Procedure Child Contact Committal for Contempt Best Interests of the Child Suspended Sentences Role of Guardian Enforcement of Contact Orders

Case Brief

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Parties

EV

Appellant/mother

Paternal Grandparents

Respondents/applicants for Committal and Contact

Children (AEV and PJV)

Respondents/children

Procedural Posture

Appeal (family Law Contact and Committal) / Court of Appeal (civil Division) Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the committal order against the mother for breach of a contact order was appropriate and lawful
  2. 2 Whether the contact order was made with proper consideration of the children's welfare and best interests
  3. 3 Whether the judge failed to follow the guardian's recommendations and to consider the effect of imprisonment on the children

Ratio Decidendi

The committal order was seriously flawed as it was not a measure of last resort, failed to consider the effect on the children of their mother's imprisonment, did not follow the guardian's recommendations, and was based on the wrong criterion (ending a family feud rather than the children's welfare). The contact order was also set aside for lack of proper consideration of the children's best interests in changed circumstances.

Court Disposition

Appeal allowed; committal order and contact order set aside; permission to appeal granted.

Orders

  • Committal order discharged
  • Permission to appeal against contact order granted