P v O

P v O

The application to vary the non-molestation order is dismissed because the evidence, including direct communications from S, demonstrates she does not wish to receive any contact from the applicant except through the solicitors, and there is no basis to vary the order given her expressed wishes and the existence of a stricter violent offender order.

Parties
Applicant: P; Respondent: O
Jurisdiction
England and Wales
Judgment Date
12 February 2019
Procedural Posture
Family Law Act Variation Application / Judgment on Application to Vary Non Molestation 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

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Parties

P

Applicant

O

Respondent

Procedural Posture

Family Law Act Variation Application / Judgment on Application to Vary Non Molestation Order

Legal Issues

  1. 1 Whether the non-molestation order should be varied to allow alternative communication channels 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, including direct communications from S, demonstrates she does not wish to receive any contact from the applicant except through the solicitors, and there is no basis to vary the order given her expressed wishes and the existence of a stricter violent offender order.

Court Disposition

Application dismissed

Orders

  • Application to vary paragraph 1(d) of the non-molestation order of April 2015 is dismissed
  • No variation to the existing order is made