AA v BA

AA v BA

The appeal was allowed because the lower court failed to properly consider the seriousness of domestic abuse, the lack of evidence of the father's abstinence from drugs and alcohol, and the recommendations of Cafcass. The judge's order for direct contact was unsafe and contrary to the child's welfare.

Parties
Applicant Mother: AA; Respondent Father: BA
Jurisdiction
England and Wales
Judgment Date
28 October 2024
Procedural Posture
Family Law Appeal / Judgment on Appeal
Outcome
Appeal allowed; order for direct contact set aside; matter remitted to different judge.
Legal Topics
Child Contact, Domestic Abuse, Appeal Procedure
Family Law Child Contact Domestic Abuse Appeal Procedure

Case Brief

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Parties

AA

Applicant Mother

BA

Respondent Father

Procedural Posture

Family Law Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the lower court erred in ordering direct contact between father and child despite findings of domestic abuse and substance misuse
  2. 2 Whether the judge failed to consider Practice Directions 12D and 12J regarding domestic abuse

Ratio Decidendi

The appeal was allowed because the lower court failed to properly consider the seriousness of domestic abuse, the lack of evidence of the father's abstinence from drugs and alcohol, and the recommendations of Cafcass. The judge's order for direct contact was unsafe and contrary to the child's welfare.

Court Disposition

Appeal allowed; order for direct contact set aside; matter remitted to different judge.

Orders

  • Paragraphs 6 to 17 of the lower court's order set aside.
  • Contact to remain indirect.