G v G [2000] EWCA Civ 509 (01 February 2000)

G v G [2000] EWCA Civ 509 (01 February 2000)

The appeal was dismissed because, despite flaws in the judge's reasoning and failure to explicitly reference the statutory checklist, the decision not to grant an occupation order was justified on the facts. The harm was not sufficiently attributable to the husband's conduct, and the imminent substantive hearing made an interim occupation order undesirable.

Citation
[2000] EWCA Civ 509
Parties
Appellant/petitioner: G; Respondent: G
Jurisdiction
England and Wales
Judgment Date
01 February 2000
Procedural Posture
Family Law Appeal / Appeal From Southampton County Court Decision on Occupation Order Under Family Law Act 1996
Outcome
Appeal dismissed
Legal Topics
Occupation Orders, Non Molestation Orders, Residence Orders, Section 33 Family Law Act 1996, Domestic Harm, Judicial Discretion
Family Law Occupation Orders Non Molestation Orders Residence Orders Section 33 Family Law Act 1996 Domestic Harm Judicial Discretion

Case Brief

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Parties

G

Appellant/petitioner

G

Respondent

Procedural Posture

Family Law Appeal / Appeal From Southampton County Court Decision on Occupation Order Under Family Law Act 1996

Legal Issues

  1. 1 Whether the judge erred in law in interpreting and applying section 33(7) of the Family Law Act 1996 regarding occupation orders
  2. 2 Whether the judge failed to properly consider the discretionary factors under section 33(6) of the Family Law Act 1996

Ratio Decidendi

The appeal was dismissed because, despite flaws in the judge's reasoning and failure to explicitly reference the statutory checklist, the decision not to grant an occupation order was justified on the facts. The harm was not sufficiently attributable to the husband's conduct, and the imminent substantive hearing made an interim occupation order undesirable.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order against the Legal Aid Board under section 18 of the Legal Aid Act 1988, suspended for 10 weeks to allow representations