W v J [2024] EWFC 352 (B) (24 April 2024)

W v J [2024] EWFC 352 (B) (24 April 2024)

The appeal is allowed because the District Judge's order did not sufficiently evaluate risk assessment requirements under Practice Direction 12J, failed to adequately consider the welfare of the child and the impact on the mother, and left the parties in an unresolved and potentially harmful state.

Citation
[2024] EWFC 352 (B)
Parties
Appellant Mother: W; Respondent Father: J
Jurisdiction
England and Wales
Judgment Date
24 April 2024
Procedural Posture
Family Law Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Child Contact, Welfare of the Child, Risk Assessment, Domestic Abuse, Appeal Procedure
Family Law Child Contact Welfare of the Child Risk Assessment Domestic Abuse Appeal Procedure

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 adequately addressed risk assessment requirements under Practice Direction 12J
  2. 2 Whether the welfare of the child (P) was properly considered under section 1 of the Children Act 1989
  3. 3 Whether procedural fairness and proper evaluation of harm to the mother were ensured

Ratio Decidendi

The appeal is allowed because the District Judge's order did not sufficiently evaluate risk assessment requirements under Practice Direction 12J, failed to adequately consider the welfare of the child and the impact on the mother, and left the parties in an unresolved and potentially harmful state.

Court Disposition

Appeal allowed

Orders

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