NA (A Child), Re

NA (A Child), Re

The judge at first instance was entitled to make the findings of fact regarding the mother's conduct, including violence and disruptive behaviour, and to suspend direct contact pending a psychological assessment. The s.91(14) order was justified to protect the child from further proceedings, with an appropriate exception for psychological assessment applications. There was no bias or procedural irregularity, and no real prospect of success on appeal.

Parties
Applicant: SA; Respondent: DB
Jurisdiction
England and Wales
Judgment Date
03 October 2017
Procedural Posture
Family Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Child Arrangements, Contact Orders, Section 91(14) Children Act 1989, Appeals, Domestic Violence, Psychological Assessment
Family Law Child Arrangements Contact Orders Section 91(14) Children Act 1989 Appeals Domestic Violence Psychological Assessment

Case Brief

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Parties

SA

Applicant

DB

Respondent

Procedural Posture

Family Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in suspending direct contact between mother and child
  2. 2 Whether the judge was biased against the mother
  3. 3 Whether the order under s.91(14) Children Act 1989 was justified

Ratio Decidendi

The judge at first instance was entitled to make the findings of fact regarding the mother's conduct, including violence and disruptive behaviour, and to suspend direct contact pending a psychological assessment. The s.91(14) order was justified to protect the child from further proceedings, with an appropriate exception for psychological assessment applications. There was no bias or procedural irregularity, and no real prospect of success on appeal.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused
  • Mother advised to apply for psychological assessment if she wishes to restore contact