G v G [2000] EWCA Civ 3010 (01 February 2000)

G v G [2000] EWCA Civ 3010 (01 February 2000)

Appeal dismissed as judge's conclusion not to grant occupation order was justified; harm not sufficiently attributable to respondent's conduct, and discretionary factors under section 33(6) did not warrant order prior to substantive hearing.

Citation
[2000] EWCA Civ 3010
Parties
Appellant/petitioner: G; Respondent: G
Jurisdiction
England and Wales
Judgment Date
01 February 2000
Procedural Posture
Appeal From Southampton County Court (family Law) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Occupation Order, Non Molestation Order, Residence Order, Section 33 Family Law Act 1996, Interpretation of Statutory Tests, Ancillary Relief
Family Law Occupation Order Non Molestation Order Residence Order Section 33 Family Law Act 1996 Interpretation of Statutory Tests Ancillary Relief

Case Brief

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Parties

G

Appellant/petitioner

G

Respondent

Procedural Posture

Appeal From Southampton County Court (family Law) / Appeal Judgment

Legal Issues

  1. 1 Whether significant harm to applicant or children is attributable to respondent's conduct under section 33(7) Family Law Act 1996
  2. 2 Whether judge erred in failing to apply statutory checklist under section 33(6)
  3. 3 Appropriateness of occupation order prior to substantive hearing

Ratio Decidendi

Appeal dismissed as judge's conclusion not to grant occupation order was justified; harm not sufficiently attributable to respondent's conduct, and discretionary factors under section 33(6) did not warrant order prior to substantive hearing.

Court Disposition

Appeal dismissed

Orders

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