The estranged father appealed a refusal of the judge to order the mother’s co-habitee to leave the house occupied by the children. Concerns had been raised after allegations against the co-habitee of child sex abuse. Those matters were being investigated by the local authority. Representatives had told the court they did not intend to take public law proceedings with respect to the children. The court considered whether it had jurisdiction to make such an order.
Held: The decision by the judge had been an exercise of his discretion. He had not exercised it so wrongly as to justify. As to jurisdiction, such might exist but the point did not need to be explored.
Judges:
Lady Justice Butler-Sloss, Lord Justice Mummery
Citations:
[1999] EWCA Civ 1253
Jurisdiction:
England and Wales
Children
Updated: 09 December 2022; Ref: scu.146168
