B-Q (A Child)

B-Q (A Child)

The judge erred in law by attaching a Power of Arrest to the non-molestation order without evidence or finding of violence or threat of violence, contrary to statutory requirements. The discretionary conclusions on the Section 8 application were not materially affected by the CAFCASS officer's errors or by the judge's treatment of the child's wishes.

Parties
Subject: B-Q (A Child); Appellant: Father (Appellant); Respondent: Mother (Respondent)
Jurisdiction
England and Wales
Judgment Date
30 April 2008
Procedural Posture
Family Law Appeal / Appeal From Family Division to Court of Appeal
Outcome
Appeal allowed in part; application granted
Legal Topics
Non Molestation Order, Power of Arrest, Section 8 Order, Child Residence and Contact
Family Law Non Molestation Order Power of Arrest Section 8 Order Child Residence and Contact

Case Brief

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Parties

B-Q (A Child)

Subject

Father (Appellant)

Appellant

Mother (Respondent)

Respondent

Procedural Posture

Family Law Appeal / Appeal From Family Division to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in law by attaching a Power of Arrest to a non-molestation order without statutory basis
  2. 2 Whether the judge's discretionary conclusions on the Section 8 application were contaminated by errors in the CAFCASS officer's report
  3. 3 Whether the judge gave adequate weight to the wishes and feelings of the child

Ratio Decidendi

The judge erred in law by attaching a Power of Arrest to the non-molestation order without evidence or finding of violence or threat of violence, contrary to statutory requirements. The discretionary conclusions on the Section 8 application were not materially affected by the CAFCASS officer's errors or by the judge's treatment of the child's wishes.

Court Disposition

Appeal allowed in part; application granted

Orders

  • Power of Arrest provision attached to the non-molestation order set aside
  • Paragraph 3 of the order at page A34 amended to delete Power of Arrest