P (Children), Re [2015] EWCA Civ 466 (09 April 2015)

P (Children), Re [2015] EWCA Civ 466 (09 April 2015)

The judge erred by disregarding the history of domestic violence, failing to consider the welfare checklist, and failing to give reasons for departing from the Cafcass officer's recommendation for supervised contact. The judge also erred in making a family assistance order without proper input from the local authority. These errors undermined the discretionary decision, requiring the appeal to be allowed and the matter remitted for review.

Citation
[2015] EWCA Civ 466
Parties
Appellant Mother: MP; Respondent Father: LP
Jurisdiction
England and Wales
Judgment Date
09 April 2015
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Exeter County Court
Outcome
Appeal allowed
Legal Topics
Child Arrangements Order, Supervised Contact, Domestic Violence, Welfare Checklist, Family Assistance Order, Risk Assessment
Family Law Child Law Child Arrangements Order Supervised Contact Domestic Violence Welfare Checklist Family Assistance Order Risk Assessment

Case Brief

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Parties

MP

Appellant Mother

LP

Respondent Father

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Exeter County Court

Legal Issues

  1. 1 Whether the judge failed to consider domestic violence and Practice Direction 12J in making a child arrangements order
  2. 2 Whether the judge erred in departing from Cafcass recommendation for supervised contact
  3. 3 Whether the judge failed to consider the welfare checklist and the safety of the children and mother

Ratio Decidendi

The judge erred by disregarding the history of domestic violence, failing to consider the welfare checklist, and failing to give reasons for departing from the Cafcass officer's recommendation for supervised contact. The judge also erred in making a family assistance order without proper input from the local authority. These errors undermined the discretionary decision, requiring the appeal to be allowed and the matter remitted for review.

Court Disposition

Appeal allowed

Orders

  • Child arrangements order set aside and matter remitted for review
  • Family assistance order set aside for reconsideration with proper local authority input