V (Children), Re

V (Children), Re

The committal order was seriously flawed and should not have been made; committal is a last resort, and the judge failed to consider the effect on the children, the guardian's recommendations, and the changed circumstances. The contact order was made on the wrong criteria, prioritizing the avoidance of a family feud over the children's welfare. Both orders were set aside and the matter remitted for review before a different judge.

Parties
Appellant: EV; Respondent: Children (A.E.V. and P.J.V.); Respondent: Paternal Grandparents
Jurisdiction
England and Wales
Judgment Date
28 March 2008
Procedural Posture
Family Law Appeal / Appeal From County Court (committal and Contact Orders)
Outcome
Appeal allowed; committal and contact orders set aside
Legal Topics
Committal for Contempt, Contact Orders, Best Interests of the Child, Grandparent Contact, Suspended Sentences
Family Law Civil Procedure Committal for Contempt Contact Orders Best Interests of the Child Grandparent Contact Suspended Sentences

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Parties

EV

Appellant

Children (A.E.V. and P.J.V.)

Respondent

Paternal Grandparents

Respondent

Procedural Posture

Family Law Appeal / Appeal From County Court (committal and Contact Orders)

Legal Issues

  1. 1 Whether the committal order against the mother for breach of a contact order was appropriate and lawful
  2. 2 Whether the contact order was made in the best interests of the children
  3. 3 Whether the judge failed to consider the effect of the mother's imprisonment on the children

Ratio Decidendi

The committal order was seriously flawed and should not have been made; committal is a last resort, and the judge failed to consider the effect on the children, the guardian's recommendations, and the changed circumstances. The contact order was made on the wrong criteria, prioritizing the avoidance of a family feud over the children's welfare. Both orders were set aside and the matter remitted for review before a different judge.

Court Disposition

Appeal allowed; committal and contact orders set aside

Orders

  • Committal order discharged
  • Permission to appeal against contact order granted