R v R (Family Court: Procedural Fairness)

R v R (Family Court: Procedural Fairness)

The without notice order was wrongly granted on insufficient evidence, the order as drawn did not reflect the judge's intention, the respondent was denied a fair opportunity to challenge the order, and the court's refusal to grant relief from sanction was an error in law and procedure. The appeal was allowed and all previous orders were set aside.

Parties
Applicant: Mr R; Respondent: Mrs R
Jurisdiction
England and Wales
Judgment Date
11 December 2014
Procedural Posture
Family Law Act 1996 Proceedings (non Molestation and Occupation Orders) / Appeal From Case Management Order
Outcome
Appeal allowed; all previous orders set aside.
Legal Topics
Non Molestation Orders, Without Notice Applications, Case Management, Relief From Sanctions, Access to Children, Legal Aid Disparity
Family Law Civil Procedure Non Molestation Orders Without Notice Applications Case Management Relief From Sanctions Access to Children Legal Aid Disparity

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Parties

Mr R

Applicant

Mrs R

Respondent

Procedural Posture

Family Law Act 1996 Proceedings (non Molestation and Occupation Orders) / Appeal From Case Management Order

Legal Issues

  1. 1 Whether the without notice non-molestation order was properly granted
  2. 2 Whether the respondent was denied a fair opportunity to challenge the order
  3. 3 Whether the court's case management and refusal of relief from sanction were justified

Ratio Decidendi

The without notice order was wrongly granted on insufficient evidence, the order as drawn did not reflect the judge's intention, the respondent was denied a fair opportunity to challenge the order, and the court's refusal to grant relief from sanction was an error in law and procedure. The appeal was allowed and all previous orders were set aside.

Court Disposition

Appeal allowed; all previous orders set aside.

Orders

  • All previous orders set aside.
  • Proceedings resolved by undertakings and a child arrangements order.