ABSTRACT

Re B-J (A Child) (Non-Molestation Order: Power of Arrest) (2000) CA F and M, parents of a child, B-J, were unmarried and had separated in 1995. F applied in 1999 for a parental responsibility order, which was granted. In addition, however, because of proof of a variety of incidents involving F and M, the judge also made a non-molestation order. That order was made for an indefinite period and had a power of arrest attached to it for a two year period, as provided for under s 47(2) FLA 1996. F, relying on M v W (Non-Molestation Order: Duration) (2000), appealed against the non-molestation order and the power of arrest, arguing that it was wrong for the duration of the power of arrest to be shorter than the duration of the order to which it was attached.