H (A Child), Re

H (A Child), Re

The findings made by the recorder in October which did not comply with the guidance in L-W regarding the burden of proof must be set aside. The order is to be amended to reflect that the mother has on occasion frustrated contact, not that she is currently frustrating contact. The appeal is allowed to this extent.

Source-derived case information.

Parties
Appellant: Appellant Mother; Respondent: Respondent
Jurisdiction
England and Wales
Judgment Date
07 April 2011
Procedural Posture
Family Law Appeal / Appeal From Leeds County Court Decision Regarding Contact and Enforcement Orders
Outcome
Appeal allowed
Legal Topics
Contact Orders, Enforcement of Contact, Residence Orders, Burden of Proof
Family Law Child Law Contact Orders Enforcement of Contact Residence Orders Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant Mother

Appellant

Respondent

Respondent

Procedural Posture

Family Law Appeal / Appeal From Leeds County Court Decision Regarding Contact and Enforcement Orders

Legal Issues

  1. 1 Whether the correct standard and burden of proof were applied in making findings of breach against the mother
  2. 2 Whether issues were correctly treated as going to reasonable excuse or breach in contact enforcement proceedings
  3. 3 Whether a contact enforcement application can be entertained absent a residence order

Ratio Decidendi

The findings made by the recorder in October which did not comply with the guidance in L-W regarding the burden of proof must be set aside. The order is to be amended to reflect that the mother has on occasion frustrated contact, not that she is currently frustrating contact. The appeal is allowed to this extent.

Court Disposition

Appeal allowed

Orders

  • Findings made by the recorder in October which fall foul of L-W are set aside
  • Declarations (i)-(iii) on page 1 of the order and findings 2 and 3 in the schedule on page 6 of the order are deleted