B (A Child)

B (A Child)

The judge was entitled to find the breaches of injunctions, including the Facebook message, based on the evidence and admissions. The sentence imposed was proportionate and appropriately suspended. There was no basis for recusal. The appeal is dismissed.

Parties
Appellant/father: Mr B; Respondent/local Authority: Staffordshire County Council
Jurisdiction
England and Wales
Judgment Date
14 February 2013
Procedural Posture
Appeal (committal Proceedings Family Law) / Appeal From Committal Order and Sentence
Outcome
Appeal dismissed
Legal Topics
Committal for Breach of Injunction, Care Orders, Contact With Child, Hearsay Evidence, Sentencing for Contempt
Family Law Contempt of Court Committal for Breach of Injunction Care Orders Contact With Child Hearsay Evidence Sentencing for Contempt

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Parties

Mr B

Appellant/father

Staffordshire County Council

Respondent/local Authority

Procedural Posture

Appeal (committal Proceedings Family Law) / Appeal From Committal Order and Sentence

Legal Issues

  1. 1 Whether the judge erred in finding breaches of injunctions by the father
  2. 2 Whether the judge erred in relying on hearsay evidence (Facebook message)
  3. 3 Whether the sentence imposed was appropriate and proportionate

Ratio Decidendi

The judge was entitled to find the breaches of injunctions, including the Facebook message, based on the evidence and admissions. The sentence imposed was proportionate and appropriately suspended. There was no basis for recusal. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Father's appeal against findings of breach and sentence dismissed
  • Suspended custodial sentence for contempt remains in force