W v J

W v J

The appeal is allowed because the District Judge's order did not sufficiently evaluate risk, failed to consider alternative assessments, and left the parties in an incomplete and uncertain position regarding contact and welfare, contrary to the requirements of the Children Act 1989 and Practice Direction 12J.

Parties
Appellant Mother: W; Respondent Father: J
Jurisdiction
England and Wales
Judgment Date
29 November 2024
Procedural Posture
Family Law Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Child Contact, Welfare of the Child, Appeal Procedure, Risk Assessment, Domestic Abuse
Family Law Child Contact Welfare of the Child Appeal Procedure Risk Assessment Domestic Abuse

Case Brief

Summary, issues, holding and outcome

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Parties

W

Appellant Mother

J

Respondent Father

Procedural Posture

Family Law Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the District Judge's final order regarding child contact was wrong or unjust due to procedural or other irregularity
  2. 2 Whether sufficient risk assessment was conducted in light of findings of rape and notification requirements against the father
  3. 3 Whether the welfare of the child (P) was properly considered under section 1 of the Children Act 1989

Ratio Decidendi

The appeal is allowed because the District Judge's order did not sufficiently evaluate risk, failed to consider alternative assessments, and left the parties in an incomplete and uncertain position regarding contact and welfare, contrary to the requirements of the Children Act 1989 and Practice Direction 12J.

Court Disposition

Appeal allowed

Orders

  • Paragraphs three and four of the District Judge's order regarding contact are set aside.
  • Paragraph seven on the schedule recital and paragraph nine are set aside.