A Father v A Mother & Ors (Appeal) (Child Arrangements and Non-Molestation Orders)

A Father v A Mother & Ors (Appeal) (Child Arrangements and Non-Molestation Orders)

The appeal against the non-molestation order is allowed because the judge failed to give reasons for making the order for a duration exceeding the child arrangements order and did not justify the exceptional extension to the children's 18th birthdays. The appeals against the refusal to recuse, the child arrangements order, and the section 91(14) order are dismissed as the judge acted within her discretion, gave adequate reasons, and no procedural unfairness or error of law was found.

Parties
Appellant: A Father; First Respondent: A Mother; Second Respondent: C; Third Respondent: D; Fourth Respondent: CAFCASS
Jurisdiction
England and Wales
Judgment Date
02 May 2025
Procedural Posture
Family Appeal / Judgment on Appeal
Outcome
Appeal against the non-molestation order allowed; appeals against recusal, child arrangements order, and s91(14) order dismissed.
Legal Topics
Child Arrangements Order, Non Molestation Order, Recusal of Judge, Section 91(14) Orders, Appeal Procedure
Family Law Child Arrangements Order Non Molestation Order Recusal of Judge Section 91(14) Orders Appeal Procedure

Case Brief

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Parties

A Father

Appellant

A Mother

First Respondent

C

Second Respondent

D

Third Respondent

CAFCASS

Fourth Respondent

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge erred in making a non-molestation order (NMO) against the father, particularly as to duration and terms
  2. 2 Whether the judge erred in refusing to recuse herself for alleged bias
  3. 3 Whether the judge erred in making a child arrangements order (CAO) precluding face-to-face contact between father and children

Ratio Decidendi

The appeal against the non-molestation order is allowed because the judge failed to give reasons for making the order for a duration exceeding the child arrangements order and did not justify the exceptional extension to the children's 18th birthdays. The appeals against the refusal to recuse, the child arrangements order, and the section 91(14) order are dismissed as the judge acted within her discretion, gave adequate reasons, and no procedural unfairness or error of law was found.

Court Disposition

Appeal against the non-molestation order allowed; appeals against recusal, child arrangements order, and s91(14) order dismissed.

Orders

  • Non-molestation order set aside and remitted to the original judge for reconsideration of its making, terms, and duration at a with-notice hearing.
  • Child arrangements order and s91(14) order remain in force; permission to appeal those orders refused or appeal dismissed.