H (A Child)

H (A Child)

Permission to appeal is required against the refusal to make a committal order; the judge was entitled on the evidence to refuse committal, as it would not achieve compliance and would harm the child.

Parties
Appellant: AH; Respondent: LB; Subject Child: A (a child); Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
19 July 2006
Procedural Posture
Family Law Child Contact/committal / Application for Permission to Appeal (refusal of Committal Order)
Outcome
Permission to appeal refused
Legal Topics
Committal for Contempt, Child Contact Orders, Appeals Permission Requirement
Family Law Civil Procedure Committal for Contempt Child Contact Orders Appeals Permission Requirement

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Parties

AH

Appellant

LB

Respondent

A (a child)

Subject Child

Guardian

Guardian

Procedural Posture

Family Law Child Contact/committal / Application for Permission to Appeal (refusal of Committal Order)

Legal Issues

  1. 1 Whether permission to appeal is required against refusal to make a committal order for breach of a contact order
  2. 2 Whether the judge erred in refusing to make a committal order against the mother for breach of a contact order

Ratio Decidendi

Permission to appeal is required against the refusal to make a committal order; the judge was entitled on the evidence to refuse committal, as it would not achieve compliance and would harm the child.

Court Disposition

Permission to appeal refused

Orders

  • Leave to release all relevant papers to Mrs Deirdre Offord of Carter Brown Associates for Transformative Assessment
  • Joint instructions to be agreed within seven days