Exclusion Orders Flashcards
1
Q
Bell v Bell
A
Molesting wife but no exclusion order or interim order granted as she left the home
2
Q
Smith v Smith
A
Left the home so couldn’t get an exclusion order
3
Q
What was test held to be?
A
High and severe but this was critised. As couldn’t get it unless interim order beached or if no longer living with individual
4
Q
Brown v Brown
A
Left home with children to women’s refugee so must be desperate so it was granted
5
Q
Brown v Brown
A
Left home with children to women’s refugee so must be desperate so it was granted
6
Q
McCafferty v McCafferty
A
Neccessity Test -
1) Nature/Quality of Conduct
2) Will it be likely to be repeated
3) If repeated will it affect the mental/physical health of child/applicant
4) is it necessary to protect the child/applicant health
