Westcar v Westcar [2006] EWCA Civ 1414 (04 October 2006)

Westcar v Westcar [2006] EWCA Civ 1414 (04 October 2006)

The evidence before the judge was insufficient to justify the continuation of the injunction and the attachment of a power of arrest beyond the period of the suspended committal order, as there was no recent violence or threat of violence against the petitioner or children.

Citation
[2006] EWCA Civ 1414
Parties
Claimant/appellant: Westcar; Defendant/respondent: Westcar
Jurisdiction
England and Wales
Judgment Date
04 October 2006
Procedural Posture
Civil Appeal / Appeal From County Court Order
Outcome
appeal allowed in part
Legal Topics
Injunctions, Non Molestation Orders, Committal for Breach, Power of Arrest, Contact With Children
Family Law Injunctions Non Molestation Orders Committal for Breach Power of Arrest Contact With Children

Case Brief

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Parties

Westcar

Claimant/appellant

Westcar

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Order

Legal Issues

  1. 1 Whether the evidence justified the continuation of an injunction and attachment of a power of arrest under the Family Law Act 1976
  2. 2 Whether the injunction should have been extended beyond the period of the suspended committal order

Ratio Decidendi

The evidence before the judge was insufficient to justify the continuation of the injunction and the attachment of a power of arrest beyond the period of the suspended committal order, as there was no recent violence or threat of violence against the petitioner or children.

Court Disposition

appeal allowed in part

Orders

  • The injunction is terminated as of 24 June, coinciding with the expiration of the suspended committal order.