O v O [2005] EWCA Civ 658 (12 May 2005)

O v O [2005] EWCA Civ 658 (12 May 2005)

There was no error of law or principle in the lower courts' orders; findings of violence and need for injunctions were justified by evidence. The appeal against refusal of permission to appeal is not permitted by statute. The residence order was properly made in the applicant's absence, and the correct remedy is to apply to set aside in the County Court. The prohibited steps order was academic as the children had already travelled. All applications lacked merit and were dismissed.

Citation
[2005] EWCA Civ 658
Parties
Applicant: O; Respondent: O
Jurisdiction
England and Wales
Judgment Date
12 May 2005
Procedural Posture
Appeal / Application for Permission to Appeal and Substantive Appeal
Outcome
All applications dismissed
Legal Topics
Non Molestation Orders, Occupation Orders, Residence Orders, Prohibited Steps Orders, Appeal Procedure
Family Law Civil Procedure Non Molestation Orders Occupation Orders Residence Orders Prohibited Steps Orders Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

O

Applicant

O

Respondent

Procedural Posture

Appeal / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the lower courts erred in granting non-molestation and occupation orders against the applicant
  2. 2 Whether the refusal of permission to appeal by the lower court is itself appealable
  3. 3 Whether the residence order in favour of the mother was properly made in the applicant's absence

Ratio Decidendi

There was no error of law or principle in the lower courts' orders; findings of violence and need for injunctions were justified by evidence. The appeal against refusal of permission to appeal is not permitted by statute. The residence order was properly made in the applicant's absence, and the correct remedy is to apply to set aside in the County Court. The prohibited steps order was academic as the children had already travelled. All applications lacked merit and were dismissed.

Court Disposition

All applications dismissed

Orders

  • Permission granted to obtain a copy of the judgment at public expense