P v O [2019] EWHC 818 (Fam) (12 February 2019)

P v O [2019] EWHC 818 (Fam) (12 February 2019)

The application to vary the non-molestation order is dismissed because the evidence demonstrates that S does not wish to have any contact with the applicant except through the solicitors, and there is no basis to override her expressed wishes or to engage police services in Australia.

Source-derived case information.

Citation
[2019] EWHC 818 (Fam)
Parties
Applicant: P; Respondent: O
Jurisdiction
England and Wales
Judgment Date
12 February 2019
Procedural Posture
Family Law Act Application to Vary Non Molestation Order / Final Hearing on Application to Vary Order
Outcome
Application dismissed
Legal Topics
Non Molestation Orders, Violent Offender Orders, Contact With Child, Variation of Court Orders
Family Law Criminal Law Non Molestation Orders Violent Offender Orders Contact With Child Variation of Court Orders

Source-derived case record

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 3 Party arguments 2
Sign in to unlock

Parties

P

Applicant

O

Respondent

Procedural Posture

Family Law Act Application to Vary Non Molestation Order / Final Hearing on Application to Vary Order

Legal Issues

  1. 1 Whether the non-molestation order should be varied to allow alternative means of communication between father and daughter
  2. 2 Whether the court should direct police in Australia to identify and serve the daughter

Ratio Decidendi

The application to vary the non-molestation order is dismissed because the evidence demonstrates that S does not wish to have any contact with the applicant except through the solicitors, and there is no basis to override her expressed wishes or to engage police services in Australia.

Court Disposition

Application dismissed

Orders

  • No variation to the non-molestation order of April 2015
  • No direction to Australian police