An ex parte order was made requiring a wife to vacate the family home immediately and was served on her when she was bringing two of the children of the family home from school.
Held: Lord Donaldson MR: there was no reason why the judge could not have made a non-molestation order in the widest terms which could have been served on the wife at the same time as the inter partes application for an ouster injunction. Butler-Sloss LJ did not consider that the affidavit evidence showed a situation sufficiently grave to come within ‘immediate danger of serious injury or irreparable damage’.
Judges:
Lord Donaldson MR, Butler-Sloss LJ
Citations:
[1990] Family Law 254
Jurisdiction:
England and Wales
Cited by:
Cited – Moat Housing Group-South Ltd v Harris and Another CA 16-Mar-2005
The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely.
Lists of cited by and citing cases may be incomplete.
Family
Updated: 13 May 2022; Ref: scu.223661