Home > Judgments > 2014 archive
- Re M (Costs)  EWCOP 33
Fact-finding hearing in Court of Protection proceedings concerning a 29 year old man who has autistic spectrum disorder and a learning disability.
- Cumbria County Council v M & Others  EWFC 18
Judgment of Peter Jackson J widely reported in the media, handed down in July 2014, but not published until May 2016. Care proceedings in which a finding is made that the father murdered the subject child’s infant sibling, more than 2 years after the event took place and after several (now well-publicised) agency failings in investigating the death.
- Cumbria County Council v M and F  EWHC 4886 (Fam)
Judgment in care proceedings concerning five children whose sibling died suddenly and unexpectedly.
- PS v RS  EWHC 4844 (Fam)
Financial orders made in W’s favour under s 16 of the Matrimonial and Family Proceedings Act 1984 following a foreign marriage and divorce on the basis of the parties’ substantial connection with this jurisdiction.
- Re A (A Child)  EWHC 4836 (Fam)
Rehearing of father’s application for direct contact with his teenage daughter in a complex, long-running dispute in which there had been almost continuous proceedings since 2001
- DN v HN  EWHC 3435 (Fam)
Application for a mandatory interlocutory injunction under CPR to require a husband to pay sums to complete the purchase of a property. Application granted.
- London Borough of Merton v LB  EWHC 4532 (Fam)
Judgment in care proceedings concerning a six year old child determining applications (i) under Article 15 of Brussels IIa for jurisdiction to be transferred to Latvia; (ii) for permission to oppose an adoption application; and (iii) for determination or directions.
- Re X (A Child: Adoption No 2)  EWHC 4813 (Fam)
Successful application for an adoption order by a step-father which considered the requirement of s.42(3) of the Adoption and Children Act 2002
- Arif v Anwar  EWHC 4669 (Fam)
Judgment arising from an application by a wife to enforce arrears accruing under an order for maintenance pending suit order, and from the husband’s cross-application to vary the order and remit arrears accrued.
- Patel v Mirza  EWCA Civ 1047
Appeal against an order dismissing a claim for repayment of £620,000 paid to the respondent for the purposes of an illegal agreement. Appeal allowed.
- O'Kelly v Davies  EWCA Civ 1606
The Court of Appeal dismissed D’s appeal of HHJ Vosper QC’s decision that D was holding a property on trust for C and herself in equal shares
- S v S  EWHC 4732 (Fam)
Wife’s financial remedy orders application in big money case with assets totalling £25 million. The wife was awarded £5.6 million (equivalent to 22% of the assets).
- Z-O'C (Children)  EWCA Civ 1808
Appeal against supervision orders allowed on basis that there should have been further assessment of the parents
- JL v SL (No 2)  EWHC 360 (Fam)
Second judgment in financial remedy proceedings in which Mostyn J discusses the court’s approach to (a) an inheritance received by the wife shortly before separation and (b) post separation accrual in the hands of the husband.
- JL v SL (No 1)  EWHC 3658 (Fam)
Appeal in financial remedy proceedings by a wife in relation the treatment of her inherited assets and spousal periodical payments. Appeal allowed.
- Dickson v Rennie  EWHC 4306 (Fam)
Judgment as to whether, in order for a “top-up” order for child periodical payments to be made, it is necessary for the Child Maintenance Service to have made a maximum assessment.
- AB v TB (Temporary Removal to Jordan)  EWHC 4663 (Fam)
Application by father to take children on holiday to Jordan. Expert evidence to the effect that the children’s legal position in Jordan could be secured to a large, but not complete, extent. Order granted, subject to safeguards, on the basis that the father’s evidence that he intended to return was accepted.
- ZA v AS  EWHC 2630 (Fam)
Judgment arising from cross-applications for financial orders brought under the Matrimonial and Family Proceedings Act 1984, although both parties agreed that the case should be dealt with as if it were brought under the Matrimonial Causes Act.
- BD v FD  EWHC 4443 (Fam)
Moylan J rejects a wife’s maintenance pending suit application on the basis that her interim budget manifestly exceeded the standard of living of the marriage and that court intervention was not required to ensure her interim needs were met
- SC v YD  EWHC 2446 (Fam)
Application by the father to appeal the decision of a Deputy District Judge that a document entitled ‘agreement between SC and YD’ be included as evidence in a forthcoming final hearing under TOLATA 1996
- Re MM (A Child: Relocation)  EWFC B176
Application by mother to relocate to South Africa with her child, aged 15 months at the time of the judgment. Permission to the mother was granted.
- Mann v Mann  EWHC 1801 (Fam),  EWHC 2032 (Fam),  EWHC 3818 (Fam)
Three judgments by Mostyn J arising from applications for enforcement by a wife of financial remedies order made against her husband.
- Lancashire County Council v T & Others (Habitual Residence: Care Proceedings)  EWHC 3321 (Fam)
Judgment determining that five children were habitually resident in England and Wales for the purpose of care proceedings.
- B v B  EWHC 4545 (Fam)
Financial remedies appeal involving issues surrounding maintenance in circumstances where the husband’s income comprised a large element of bonus and housing allowance, and the appropriate division of capital so as to meet both parties’ needs
- M (Children)  EWCA Civ 1753
Parents successfully appeal against the making of a special guardianship order in favour of foster carers
- E (A Child)  EWCA Civ 1754
Appeal brought by the mother of M against the making of an interim care order. Re S B  1 AC 678 considered. Appeal dismissed.
- X-N (A Child)  EWCA Civ 1775
Father’s appeal against a decision to permit the mother to take their daughter to China for a 4 week visit
- AA V BB  EWHC 4210
Judgment of Moylan J involving a complex multi-jurisdictional procedural history, analysis of Articles 12 and 13 of Council regulation No 4/2009 ‘the Maintenance Regulation’ and the law on setting aside the grant of leave
- S (A Child)  EWCA Civ 1682
Application by a mother to appeal orders arising out of an intractable contact dispute
- R (A Child)  EWCA Civ 1664
Appeal by the father against an order that there should no order for contact with his 12 year old daughter
- McHugh v McHugh  EWCA Civ 1671
Court of Appeal’s determination in financial remedies appeal as to the extent of the appellate court’s jurisdiction where permission to appeal has only been granted on limited grounds
- London Borough of Barking & Dagenham v SS  EWHC 4436 (Fam)
Hayden J refused LA’s application for secure accommodation order in relation to 15-year old victim of child trafficking and sexual exploitation.
- Y v Y (Financial Remedy - Marriage Contract)  EWHC 2920 (Fam)
Judgment in financial remedy proceedings in which the central issue was the extent to which the wife was entitled to a full share of the marital acquest owing to a marriage contract the parties entered into under French law.
- SS v NS (Spousal Maintenance)  EWHC 4183 (Fam)
Judgment following final hearing in ancillary relief proceedings where the assets were £3.3 million.
- B (Children)  EWCA Civ 1623
Appeal by father against findings of fact potentially relevant in proceedings concerning two children and arising from applications for shared residence, contact and a prohibited steps order not to move the children from the local area.
- P (A Child)  EWCA Civ 1648
Father’s appeal against care and placement orders determining whether the accepted inadequacies of the judgment at first instance were such that, notwithstanding the advantage the trial judge had of hearing evidence, the appeal should be allowed. Appeal dismissed.
- Mann v Mann  EWCA Civ 1674
Appeal concerning the question whether Mostyn J had jurisdiction to order the Husband to make payments to the Wife prior to the determination of the Wife’s enforcement proceedings
- London Borough of Tower Hamlets v TB and Others  EWCOP 53
The Court of Protection considers the appropriate placement for an adult without capacity, what if any contact she should have with her husband, whether she is capable of consenting to sexual relations with her husband and whether her care regime amounts to a deprivation of liberty
- Neustadt v Neustadt (Child Abduction)  EWHC 4307
Judgment in respect of fact-finding hearing following the abduction of two boys to Russia by their father, the purpose of the hearing being, in particular, to assess whether the father's expressions of regret were genuine.
- Cooper-Hohn v Hohn  EWHC 4122 (Fam)
Final hearing in extremely big money financial remedies application – consideration of issues of potential future tax liabilities, post-separation accruals and special contributions
- Y (Children)  EWCA Civ 1553
Second appeal by mother against a care order, placing children in long-term foster care. Appeal allowed, care order substituted with a child arrangements order in favour of the mother, and a supervision order granted to the local authority.
- NJ v OV  EWHC 4130 (Fam)
Application to relocate a child permanently to Sweden. Permission granted and guiding principles considered by Mostyn J.
- Birmingham City Council v Sarfraz Riaz and Others  EWHC 4247 (Fam)
Inherent jurisdiction used to impose injunctions against men found to have engaged in child sexual exploitation. Reporting restriction orders in respect of men lifted.
- Re LR (A Child)  EWCA Civ 1624
Appeal by mother against judgment that the the court had jurisdiction to hear private law application brought by the father in relation to his daughter. Appeal allowed and declaration made, in accordance with BIIR, that the English court does not have jurisdiction to determine the application.
- Re R (A Child)  EWCA Civ 1625
Appeal by mother following care and placement orders made in respect of her daughter on the basis that the judgment did not take a ‘global, holistic’ approach, as required by Re B-S, the judge had relied too much on a finding that the mother was dishonest, the judge’s exercise of discretion was wrong, and the decision was in breach of the Human Rights Act. Appeal dismissed. Consideration by the President of the wider implications of the Re B-S case and the post-Re B-S 'landscape'.
- Re A (A Child)  EWCA Civ 1577
Appeal by mother against the quantum of periodical payments ordered to be paid by the father for the benefit of their son under Schedule 1 to the Children Act 1989. Appeal dismissed.
- AM v SS  EWHC 2887 (Fam)
Judgment addressing preliminary questions relating to the ownership and beneficial interest of the parties in three properties.
- AM v SS  EWHC 865 (Fam)
Judgment in financial remedy proceedings in which the husband caimed to have limited resources and the wife claimed that the husband's father was extremely wealthy and could be expected to make capital available to meet a reasonable claim by the wife.
- Seagrove v Sullivan  EWHC 4110 (Fam)
Holman J judgment lambasts ‘disproportionate’ costs and approach in TOLATA litigation and refused to proceed as the parties proposed
- C v K  EWHC 4125 (Fam)
Application by a mother to discharge a prohibited steps order to enable her to take the children on an interim basis to the parents’ home country (non-Hague Convention)
- A Borough Council v YZ and Others  EWHC 2163 (Fam)
Judgment in a fact finding hearing within care proceedings. Extent of the mother’s failure to protect child from extensive injuries perpetrated (on his own admission) by the father.
- Thiry v Thiry  EWHC 4046 (Fam)
Judgment following final hearing in financial remedies case in which the parties had made cross-applications.
- S (A Child) (Abduction: Hearing the Child)  EWCA Civ 1557
Appeal by mother against an order that her 7 year old daughter be summarily returned to Russia. Appeal allowed and the application for return remitted for rehearing.
- H v H  EWCA Civ 1523
Application by wife for permission to appeal against a lump sum payment to her of £400,000 to be paid by the husband upon the termination of a joint lives periodical payments order which would occur on his retirement. Permission to appeal granted, appeal allowed and matter remitted to be re-heard.
- Chiva v Chiva  EWCA Civ 1558
Appeal relating to the distribution of capital, and the quantum and term of maintenance in a needs case after a short marriage. This matter also considers delay in finalising an order and a possible extension to the 21 day time limit for appeal
- An NHS Trust v Child B and Others  EWHC 3486 (Fam)
Judgment in respect of urgent application by NHS Trust to treat young boy who might require a blood transfusion; his parents, who are Jehovah's Witnesses, had refused consent to the transfusion. Application granted.
- A-M (Children)  EWCA Civ 1489
Appeal by the mother of a decision to dismiss her application for an increase in contact and a section 91(14) order made in relation to the same. Appeal allowed on the basis that the trial judge had not dealt with any of the contact centre material in his judgment.
- Ville de Bauge v China  EWHC 3975 (Fam)
Jurisdiction dispute between a married couple involving Italian 'personal separation' proceedings instituted by the husband and English divorce proceedings brought by the wife
- SC v YD  EWHC 2446 (Fam)
Appeal in financial provision case between unmarried parties concerning whether a document considering future financial provision could be said to be privileged when created prior to proceedings
- SP v EB and KP  EWHC 3964 (Fam)
Retrial of a father’s application for an order that his daughter aged 14, be returned forthwith to Malta pursuant to Article 12 of the Hague Convention
- Re H (A Child)  EWHC 970 (Fam)
Fact-finding judgment in care proceedings concerning a boy whose sister had died as a result of injuries.
- LB of Tower Hamlets v D and Others  EWHC 3901 (Fam)
On the basis that on the facts it was neither necessary nor appropriate to do so, Hayden J declined to direct an assessment of the Father who was living in Somaliland
- J and E (Children: Brussels II Revised - Article 15)  EWFC 45
Application by mother, opposed by local authority and guardian, at the final welfare hearing in care proceedings for the proceedings to be transferred to Hungary under Article 15 of BIIr. Mother’s application granted.
- C (A Child) (No 2)  EWFC 44
Further judgment in family proceedings where the father had applied for contact with his son, the mother was legally aided and the father had applied for exceptional case funding.
- Colborne v Colborne  EWCA Civ 1488
Husband’s appeal against the division of capital assets and costs order made at the end of ancillary relief proceedings
- M (A Child)  EWCA Civ 1519
Appeal against refusal of an application made by a mother pursuant to the Hague Convention 1980 and Brussels IIR for the summary return of her son to Hungary. Appeal allowed and matter remitted for re-hearing.
- R (J) v Worcestershire County Council  EWCA Civ 1518
Appeal following a successful claim for judicial review of the local authority’s decision not to provide services to meet a child's assessed need (specifically for nursery provision) during periods when he was out of the local authority’s area due to his family’s travelling lifestyle.
- C v S  EWHC 3799 (Fam)
Abduction - application for summary return of 14 year old child to Australia – consideration of Article 13B defence in circumstances in which the defendant mother asserted that she would not return with the child
- Prest v Prest  EWHC 3722 (Fam)
The wife sought the husband’s committal for failure to pay arrears of periodical payments for her and the children; the husband sought an adjournment due to ill health
- Rochdale Metropolitan Borough Council v KW and Others  EWCOP 45
Judgment of the Court of Protection considering the application of the ‘acid test’ to determine whether an individual’s rights are engaged under Article 5 of the ECHR 1950 and concluding that the first respondent’s circumstances do not amount to a deprivation of liberty as they do not satisfy the second limb of the ‘acid test’. The judge goes on to urge the Supreme Court to reconsider its decision in the combined appeals in Cheshire West and MIG and MEG .
- Justice for Families Limited v Secretary of State for Justice  EWCA Civ 1477
Appeal against the refusal to issue a writ of habeas corpus in respect of a mother who had been committed to prison (and subsequently released) in consequence of a breach of a collection order. Appeal dismissed.
- An English Local Authority v SW and Another  EWCOP 43
Moylan J gives guidance as to the appropriate test to determine habitual residence in Court of Protection cases
- F (Children)  EWCA Civ 1474
Appeal by a father against a residence order in respect of his children in favour of the mother, an order providing for indirect contact only and an order under s.91(14) following four years of heavily contested proceedings. The father also appealed against the judge’s decision to restrict the manner in which he could exercise his parental responsibility. Appeal dismissed.
- CL v MB  EWHC 927 (Fam)
Judgment in proceedings under the Child Abduction and Custody Act 1985, the 1980 Hague Convention and Brussels II Revised concerning a 5 year old girl, in which it was agreed that she should be returned to Spain. Consideration of the timing of the return and the undertakings to be given to the court.
- CM v Blackburn with Darwen Borough Council  EWCA Civ 1479
Appeal by mother against a placement order in respect of her five-year-old daughter. Consideration of recent cases in which the court considered that the proportionality evaluation had been misconstrued by practitioners. Appeal dismissed.
- SB v MB (Costs)  EWHC 3721 (Fam)
Application by a Mother to recover the costs from a Father following a hearing to determine a child’s habitual residence.
- S (Children)  EWCA Civ 1447
Permission to appeal (with appeal to follow, if granted) findings of fact made in a non- accidental injury case
- J v J  EWHC 3654 (Fam)
Judgment in proceedings for ancillary relief focusing on the issue of the parties’ litigation costs which ran to £920,000 or 31.9% of their total assets.
- D (A Child)  EWHC 3388 (Fam)
Final hearing in care proceedings about a Czech Roma child. Hearing adjourned to consider whether current foster parents would apply for an SGO or, if not, proposed foster parents in the Czech Republic could be identified. If either option is possible, care and placement orders would not be made
- S v S (Brussels II Revised - Articles 19(1) and (3) - reference to CJEU)  EWHC 3613 (Fam)
Divorce jurisdiction dispute: Mostyn J refers case concerning Articles 19(1) and (3) of Brussels II Rev. to the ECJ
- L (Costs of Children Proceedings)  EWCA Civ 1437
Appeal by a mother against a first instance judgment which: (a) gave responsibility to the father for administering certain trust and investment funds and requiring her to sign all documents to effect such transfers; and (b) made a costs order against her. Appeal allowed.
- Re J (A Child: Brussels II Revised: Art 15 - Practice and Procedure)  EWFC 41
Guidance in respect of the timing of consideration of the issue of Article 15 Brussels II Revised transfer and the most appropriate tribunal to determine the issue.
- Re D (A Child: Private Law Proceedings)  EWHC 2749 (Fam)
Judgment in protracted proceedings between parents concerning contact arrangements in respect of a ten year old girl.
- M-H (A Child)  EWCA Civ 1396
Appeal by mother against placement order in respect of 6 year old child on the grounds that the judge had not applied the correct test in dispensing with the parents' consent and making a placement order; and if she did so, had not adequately analysed the expert evidence in conducting a proper balancing exercise in her contemplation of long term fostering as opposed to adoption. Appeal dismissed.
- M (A Child: Long Term Foster Care)  EWCA Civ 1406
Appeal by a local authority, supported by a child’s Guardian, against a refusal to grant a placement order at the conclusion of care proceedings. Appeal allowed.
- Chai v Peng  EWHC 3518 (Fam)
Second of two linked judgments in financial remedy proceedings as to whether the English court has jurisdiction to hear those proceedings consequent upon the wife's habitual residence here. Held that the English court does have jurisdiction.
- Chai v Peng  EWHC 3519 (Fam)
First of two linked judgments as to whether the wife in financial remedy proceedings is able to show jurisdiction in England and Wales under Article 3 of Brussels II Revised on the basis of her habitual residence for twelve months before her petition.
- D (A Child)  EWFC 39
The President of the Family Division concludes that parents facing an application by a local authority pursuant to s.22 of the Children Act 1989 without access to legal representation was a denial of justice
- Re IB and EB  EWHC 369 (Fam)
Fact finding hearing undertaken in relation to unusual injuries in circumstances where there had been substantial delay from a failure of the police and a Hospital Trust to disclose documents
- Re DM  EWHC 3119 (Fam)
Local Authority application under the Human Rights Act 1998 and the inherent jurisdiction for anticipatory declaratory relief to separate mother and baby on birth, without informing the mother in advance.
- Kirklees Council v RE  EWHC 3182 (Fam)
Judgment in respect of a declaration that it was lawful for doctors treating a seriously ill baby boy to discontinue life-sustaining treatment and to provide him with palliative treatment only.
- West Sussex County Council v H  EWHC 2550 (Fam)
Judgment determining that the English courts had jurisdiction to hear care proceedings concerning a 16 month old girl, who was an Albanian citizen without a regularised immigration status in the UK.
- K (A Child) (Hague Convention: Child's Objections)  EWCA Civ 1364
Appeal from a decision to refuse a father’s application under the Hague Child Abduction Convention 1980 for the summary return of his daughter to Lithuania. Appeal dismissed.
- G (A Child)  EWCA Civ 1365
A mother’s out of time application for permission to appeal care and placement orders, which depended upon the court admitting fresh evidence. Permission refused.
- Abuchian v Khojah  EWHC 3411 (Fam)
Application by respondent husband to set aside a grant of leave under Part III of the Matrimonial and Family Proceedings Act 1984 to apply for financial relief under that Part. Application dismissed.
- A and B (Children - Brussels II Revised - Art 15)  EWHC 3516 (Fam)
Application by father within care proceedings concerning two Roma children that a district court in the Czech Republic assume jurisdiction pursuant to Article 15 of Brussels II Revised. Apllication granted.
- Quan v Bray  EWHC 3340 (Fam)
Hearing under the OS v DS preliminary issue procedure to determine whether a charitable trust relating to the protection of Chinese tigers was a post-nuptial settlement capable of variation within financial remedy proceedings
- AA v TT  EWHC 3488 (Fam)
Application by a father for the recognition and enforcement, pursuant to the European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children, of a custody order made in Turkey. Application dismissed.
- Prest v Prest  EWHC 3430 (Fam)
Wife’s application seeking the Husband’s committal for failure to pay sums due by way of periodical payments ordered
- Olaribiro v Shoyemi  EWHC 3365
Application for discharge of a location order because of a failure to comply with the terms of the order requiring that service of the order be effected by the Tipstaff
- Southwell v Blackburn  EWCA Civ 1347
Appeal to the Court of Appeal against an order requiring the Appellant to pay £28,500 to the Respondent to satisfy her equitable interest in a property under the doctrine of proprietary estoppel
- In the matter of an application by Gloucestershire County Council for the committal to prison of Matthew John Newman No.2  EWHC 3399
Sentencing hearing before the President in respect of contempt of court conviction for breaching orders following care proceedings
- London Borough of Barking & Dagenham v SS  EWHC 3338
Care proceedings before Cobb J involving consideration of whether the English court had jurisdiction to make orders in respect of a Romanian child
- Y (Children)  EWCA Civ 1287
Appeal to Court of Appeal against dismissal of leave to remove application –appeal dismissed and held, inter alia, that applications under s.8 Children Act 1989 do not require Family Courts to undertake a human rights proportionality evaluation, distinguishing private children law from public children law in that respect.
- W (Children)  EWCA Civ 1303
Appeal by mother against placement orders in respect of the youngest three children of a sibling group of nine. Appeal dismissed.
- KK v FY  EWHC 3111 (Fam)
Application for adoption of child who had lived with the applicants from babyhood on an informal basis
- King's College Hospital NHS Foundation Trust v T and Others  EWHC 3315 (Fam)
Application by an NHS trust to withdraw the mechanically assisted ventilation for a baby of 17 months who had suffered irreversible injury to the brain. Application granted.
- K v D  EWHC 3188 (Fam)
Dispute concerning a five year old child in which the child’s grandmother who was based in the Czech Republic, contended that the child’s mother had unlawfully retained the child in England
- CH v London Borough of Merton  EWHC 3311 (Fam)
Application by mother of an 8 month old child for permission to oppose the adoption application by local authority. Application refused.
- K and KT (Children) [ 2014] EWCA Civ 1211
Appeal brought by maternal grandparents against an order authorising the local authority to place their four grandchildren for adoption. Appeal dismissed.
- JS (A Child)  EWHC B20 (Fam)
Father’s application for permission to remove son from the jurisdiction for a short holiday to Dubai with mother’s cross-application for a prohibited steps order.
- A Local Authority v M & Others  EWCOP 33
Fact finding in relation to allegations of mistreatment of a vulernable adult by his parents. Counter allegations made by the parents against the local authority and medical professions.
- Re An Application by Gloucestershire County Council for the Committal to Prison of Matthew John Newman  EWHC 3136 (Fam)
Application for committal made by local authority in respect breaches of orders in the aftermath of care proceedings.
- Re X (A Child) (Surrogacy: Time limit)  EWHC 3135 (Fam)
Surrogacy - consideration by the President of the Family Division of whether, in spite of s.54(3) of the Human Fertilisation and Embryology Act 2008 the court could make a parental order if the application was made after the expiration of 6 months from the day on which the child was born
- Rapisarda v Colladon (Irregular Divorces)  EWFC 35
Judgment by the President in proceedings concerning 180 divorce petitions where in each case the petition stated wrongly that the habitual residence of the applicant or respondent was in England. Decrees absolute and nisi set aside and petitions dismissed.
- L v M  EWHC 2220 (Fam)
Application by wife for husband to show cause as to why he should not be held to a concluded separation agreement reflected in a draft consent order signed by both parties. Husband held to the fundamental terms of the agreement.
- Abuchian v Maksoud  EWHC 3104 (Fam)
Strike out application by Husband in relation to wife’s MWPA 1882 and Family Law Act 1996 applications
- Re B (Children: Long Term Foster Care)  EWCA Civ 1172
Appeal against care orders in respect of two boys. Appeal allowed and case remitted for rehearing by a different judge.
- Somerset v MK (Deprivation of Liberty: Best Interests Decisions: Conduct of a Local Authority)  EWCOP B25
Court of Protection judgment about where it was in P’s best interests to live. Findings made against the local authority for “systematic failure” and ECHR breaches.
- AB v CB  EWHC 2998 (Fam)
Judgment in respect of wife's claim for ancillary relief and of a subsequent application by trustees of property for permission to appeal against the award; application dismissed and guidance given as to the procedure on such applications.
- F (No 2 Welfare - Approved)  EWFC 34
Judgment in care proceedings concerning the welfare of seven year old girl of Zimbabwean and American parents. Care returned to her mother; interim care order and an order preventing contact with the father to continue until the child's departure from England at which time there should be a child arrangements order providing for her to live with her mother.
- AVH v SI & Another  EWHC 2938 (Fam)
Application under Hague Convention 1980 by mother for the summary return of her 15 year old daughter to Mexico. Application granted.
- N-D (Children)  EWCA Civ 1226
Successful appeal against care and placement orders on the basis that the judgment had failed to provide adequate reasoning behind the welfare determination
- Local Authority 1 & Others v AF (Mother) & Others  EWHC 2042 (Fam)
Cobb J disposed of long-running care proceedings which had featured ‘a calculated, clandestine and audacious abduction’ of the children by the parents. The Judge summarised the law in relation to the revocation and making of care and placement orders, and exceptions to the 26-week deadline. Cobb J further reiterated procedural requirements at ex-parte hearings and in the preparation of trial bundles.
- X (Adopted Child - Access to Court File)  EWFC 33-1
Application by the daughter of an adopted person, now deceased, for access to the original court file in relation to an adoption order made in 1930. Application granted.
- Re Ashya King  EWHC 2964 (Fam)
Decision of Mr Justice Baker, within wardship proceedings, to allow the parents to remove the child to Prague for the provision of medical treatment.
- K (Children)  EWCA Civ 1195
Appeal against orders made separating two siblings, one placed with foster carers under an interim care order and the other residing with his father pursuant to a child arrangements order. Appeal allowed in part, remitting the case to be heard by a High Court judge. Interim care orders were made in respect of both boys who were returned to the care of their mother.
- NHS Trust and others v FG  EWCOP 30
Applications in the Court of Protection by an NHS Trust in respect of a 24 year old woman, suffering from a mental disorder, in the late stages of pregnancy. Guidance given for future such cases.
- Cumbria County Council v M & Others  EWHC 2596 (Fam)
Application by several newspapaers, opposed by the local authority, for disclosure of a judgment and schedule of failings following a fact-finding hearing in care proceedings.
- M Children's Hospital NHS Foundation Trust v Y  EWHC 2651
Application under the inherent jurisdiction for a best interests decision in respect of medical treatment for a 13-year old son of a Jehova's Witness. Trust authorised to administer blood products to the boy.
- US v SR  EWFC 24
Financial remedies judgment dealing with distribution of assets where the wife who had a needs based claim had disposed of a property at a substantial undervalue and where there had been litigation misconduct by the husband
- Suffolk County Council v H  EWHC 2830 (Fam)
Committal proceedings in respect of father of child who was the subject of a care order, following the father's threats to the local authority concerned. Father committed to prison for contempt of court. The contempt was subsequently purged and the father released.
- Suffolk County Council v DL  EWFC 29
Determination within care proceedings as to whether to make a request, pursuant to Article 15 BIIR, for another member state to assume jurisdiction
- SK v TK  EWHC 834 (Fam)
First instance decision of Moor J in the wife’s application for a financial remedy, considering the husband’s arguments for a departure from equality on the grounds of special contribution, pre-acquired assets, and the risk of him retaining a shareholding in a company as his share of the assets.
- Re P (Recognition and Registration of Orders under the 1996 Hague Child Protection Convention)  EWHC 2845 (Fam)
Judgment by Moylan J (in his capacity as one of two judges from England and Wales designated to the International Hague Network of Judges) providing a practical guide to the procedure for recognition or registration of an order made in another Contracting State under the 1996 Hague Child Protection Convention.
- P (A Child)  EWCA Civ 1174
Appeal by step-father against refusal of application for adoption by him of his two step-children. Appeal allowed and adoption orders made.
- G (A Child)  EWCA Civ 1173
Contact in care order made authorising local authority not to facilitate contact between 10 year old child with parents and eldest sibling on the basis that to do so would prevent her having contact with younger siblings in adoptive placement – eldest sibling and parents appealing to Court of Appeal – appeal allowed and remitted for re-hearing.
- GW v A Local Authority & Another  EWCOP 20
Appeal of declarations that a 48 year old woman suffering from Huntington’s Disease lacked capacity to leave and return to her residence unescorted and to make decisions concerning her care and residence. Appeal dismissed.
- AB (A Child - Temporary Leave to Remove from Jurisdiction - Expert Evidence)  EWHC 2758 (Fam)
Judgment concerning mother's application to take child on holiday to India, summarising the guiding principles for applications of this type. Judgment also contains a lengthy history of the mother’s refused application to the Legal Aid Agency for prior authority to instruct a dual qualified lawyer to report in this case.
- MD v AA & Another  EWHC 2756 (Fam)
Appeal against orders recognising and registering decision of Romanian Court under Article 21(2) BIIR – appeal allowed under Articles 23(b), (c) and (d)
- Hayes v Hayes  EWHC 2694 (Ch)
Appeal of the registrar’s decision at first instance to dismiss a bankruptcy petition
- F (Habitual Residence)  EWFC 26
Judgment in care proceedings as to whether a child was habitually resident in England and Wales when proceedings began; and, if not, whether she was habitually resident in any other country. Held that at the relevant time she was not habitually resident anywhere, and the English court had jurisdiction pursuant to Article 13 of Brussels II Revised.
- Coventry County Council v A  EWHC 2033 (Fam)
Judgment in care proceedings in respect of the child of a Romanian mother considering whether this court has jurisdiction under the Children Act 1989 and the Adoption of Children Act 2002; whether the matter can or should be referred to the Romanian courts under Article 15 of Brussels II (Revised); and whether further enquiries should be made with the mother's family in Romania.
- UF v X County Council & Others (No 2)  EWCOP 18
Judgment in Court of Protection proceedings concerning an 84 year old woman as whether it was in her best interests to return home to live with a contingency plan of maintaining her current placement for a period of time, together with associated financial considerations, and whether a care regime at home would amount to a deprivation of liberty.
- Barnett v Barnett  EWHC 2678 (Fam)
Application by a wife under section 13 of the Matrimonial and Family Proceedings Act 1984
for permission to apply for financial relief following an overseas divorce.
- Re ED 2014 EWHC 2731 (Fam)
Judgment in High Court as to whether the court has jurisdiction to make orders concerning parental responsibility in a respect of a child where the Polish mother had remained with the child in Poland after a holiday in breach of undertakings to the court. held that the undertaking amounted to an express and unequivocal acceptance that the court to which it was given retained jurisdiction in matters of parental responsibility.
- Re X and others (Deprivation of Liberty)  EWCOP 25
Judgment containing the President of the Court of Protection’s analysis of the practical and procedural implications for the Court of the Supreme Court’s decision in Surrey County Council v P and others (Equality and Human Rights Commission and others intervening), Cheshire West and Chester Council v P and another (Same intervening) 
- Q v Q; Re B (A Child); Re C (A Child)  EWFC 31
Judgment by the President in three cases concerning applications for contact in each of which the mother was legally aided but the father was not.
- ML v Sec of State for Work and Pensions  UKUT 299 (AAC)-1
Appeal in the Upper Tribunal Administrative Appeals concerning calculation of gross profits for child support purposes and in particular whether the loss from one business can be deducted from the profits of another
- Shield v Shield  EWCA Civ 1136
Application for permission to appeal finding that shares in family company were not held by the husband on trust for the parties’ son – application dismissed
- Re R  EWCA Civ 1110
Application by father for permission to appeal, with appeal to follow, against the refusal of his application for discharge of care orders in respect of two children and the making of a placement order in respect of one child and the refusal of contact with both children. Permission granted but appeal dismissed.
- DE v AB  EWCA Civ 1064
Application by the respondent father that the oral permission hearing pursued by the appellant mother be heard in private.
- Re D (A Child)  EWCA Civ 1057
Appeal from a decision to refuse to order direct contact between a father and his son at the final hearing after four years of court proceedings.
- United Lincolnshire Hospitals NHS Trust v N  EWCOP 16
Court of Protection proceedings to determine whether or not it was in the best interests for the applicant trust to make further efforts to establish and maintain a method of artificial nutrition of a patient in her fifties. Held that it was not in her best interests to do so.
- London Borough of Redbridge v G & Others  EWCOP 17
Judgment at end of 'best interests' hearing in long-running Court of Protection proceedings concerning a 94 year old woman who had previously been found not to have capacity to make decisions concerning (i) litigation, (ii) financial matters, (iii) contact with others and (iv) her residence and the people who reside with her; and subsequently had further been found not to have capacity to make decisions in relation to her contact with the press.
- London Borough of Barking & Dagenham v C & Others  EWHC 2472
Care proceedings involving Article 15 BIIR and a Romanian child. Court concluded a request should be made of the Romanian authorities to accept the case.
- Joy v Joy  EWHC 3769 (Fam)
Application pursuant to section 37 MCA 1973 to set aside a disposition between the husband and his solicitor, the purpose of which was to secure the husband’s costs liabilities
- London Borough of Bexley & Another v CW and Others  EWFC 25
Findings made against family members following a fact finding within public law proceedings
- Re G (Children)  EWHC 2605 (Fam)
An application brought under the inherent jurisdiction that adoption orders made in favour of the Applicants in Brazil in October 2013 be recognised under the law of England and Wales.
- Re X (A Child)  EWHC 2522 (Fam)
Court of Appeal decision of the President refusing an application by a father, after the conclusion of care proceedings, for disclosure of the serious case review report of the local safeguarding children board.
- PO v London Borough of Newham EWHC 2561 (Admin)
Claim for judicial review brought by three children in relation to a local authority's policy which had been applied to their case when they were in receipt of support under Children Act 1989, section 17. Held that the policy was unlawful.
- Lim (An Infant) v Walia  EWCA Civ 1076
Appeal against determination of a preliminary issue regarding an Inheritance Act claim which concerned a policy of life insurance in joint names
- Re H  EWCA Civ 1101
Father’s appeal alleging wrongful retention of his children in Bangladesh. Guidance given as to whether the “rule” that where two parents have parental responsibility for a child, neither can unilaterally change the child’s habitual residence remains good law
- RE W (Children)  EWFC 22
Sir James Munby the President of the Family Division affirms that the court expects and will now demand strict compliance with court orders
- Re W (Children)  EWCA Civ 1065
Appeal by mother against residence order granted in favour of paternal grandmother. Appeal allowed.
- Re R (A Child: Habitual Residence)  EWCA Civ 1031
Appeal by Italian mother against an order, declaring that her child was habitually resident in England and Wales, and that she should be returned to England for a welfare assessment. The mother contended that th child was habitually resident in Italy. Appeal allowed and matter remitted for hearing.
- Re B (Child Evidence)  EWCA Civ 1015
Appeal from a decision by HHJ Cameron, within a father’s application for contact with his son, that a Family Court Advisor should explore whether another child (the mother’s older child) should give evidence in support of allegations of abuse made by the mother. The father’s appeal was dismissed.
- Re PB  EWCOP 14
Application in the Court of Protection to determine capacity to decide care and residence arrangements and need for order for deprivation of liberty. Guidance given as to case management.
- O (A Child) v Doncaster Metropolitan Borough Council  EWHC 2309 (Admin)
Claim for judicial review by a 17 year old child seeking a declaration that she was a looked after child and damages in respect of the financial allowances that her aunt/ carer would have received had she been regarded as a looked after child. The claim failed.
- The Mental Health Trust & Others v DD & Another  EWCOP 13
Application by mental health trust to be authorised to provide a woman with education in relation to contraception, to administer a short-term contraception while this was done, and then to assess her capacity to make decisions in relation to contraception. Application granted.
- TB v Sec of State for Works and Pensions and SB (CSM) (Child support - variation departure directions - diversion of income)  UKUT 301 (AAC)
Appeal to the Upper Tribunal Administrative Appeals Chamber from decision of first tier tribunal, imposing a variation direction on father's child support liability - whether father had been unreasonably reducing his earnings from dentist business by diverting income to payment of a director's loan account - appeal allowed in part and re-assessment directed
- Thandi v Sands  EWHC 2378 (Ch)
The father of the bankrupt applied to the court to have transferred to him properties which he claimed were held on bare trust by his son and which should not therefore have formed part of the bankruptcy
- Re H  EWCA Civ 989
Appeal against a specific issue order to permit the mother to travel to Iran with the child. Appeal allowed.
- C v B  EWHC 2069 (Fam)
Application by a mother for the summary return of her two children to Germany. The father sought to rely on three defences: consent; the children's objections; and grave risk of harm upon return. Application granted.
- Cooper-Hohn v Hohn  EWHC 2314 (Fam)
Media reporting - final hearing of proceedings concerning an extremely high value financial remedies application - issue as to the extent to which the media ought to be able to report an account of the proceedings as they unfolded on a daily basis.
- M-F (Children)  EWCA Civ 991
Local authority’s application for permission to appeal against decision to adjourn final hearing for ten weeks to obtain an additional report on the mother’s progress in a course of work advised by the consultant clinical psychologist. Permission granted but appeal dismissed.
- ZM v AM  EWHC 2110 (Fam)
Wardship proceedings brought by mother, stranded in Pakistan with no right to re-enter the UK.
- O v P  EWHC 2225 (Fam)
Application by mother for financial provision under Schedule 1 to the Children act 1989; and application by father for stay of proceedings. Stay refused and award of circa £182,000 made.
- X County Council v M and Others  EWHC 2262 (Fam)
Applications by the local authority (i) under the inherent jurisdiction for permission not to disclose to the mother the care plan for her unborn child, namely to remove the child at birth; and (ii) a reporting restrictions order to prohibit a publication of the above application, the hearing of the same and the order made by the court. Applications gratntd.
- Southampton City Council v A Mother & Others  EWFC 16
Hearing of mother’s application to transfer care proceedings to Latvia. Application refused.
- Re D (Child)  EWHC 2376 (Fam)
Application by Cafcass for safeguarding checks to be completed on step-father of children subject to private law proceedings – consideration of general principles applicable to the question of whether there should be safeguarding checks of family members who were not parties to proceedings.
- Re K (A Child)  EWCA Civ 905
Appeal against orders in wardship proceedings in which the judge found that the child was habitually resident in this jurisdiction, made a return order and subsequently committed the father to prison for failure to comply with the return order. The Court of Appeal upheld the judge’s finding on habitual residence and the resulting return order but criticised the committal process and ordered the father’s immediate release from custody.
- M & Others v Suffolk County Council  EWCA Civ 942
Appeal by a mother and her mother and step father ‘the maternal grandparents’ against care and placement orders
- J-A (Children)  EWCA Civ 936
Appeal by the mother against care orders with care plans for placement with the father.
- KS v Neath Port Talbot Borough Council  EWCA 941
Grandmother appealed case management decision to refuse her party status. Appeal allowed, care and placement orders set aside, case remitted for re-hearing.
- BE v DE  EWHC 2318 (Fam)
Application, within divorce proceedings in which the jurisdiction of the English court is disputed, by husband for an order requiring his wife to redact a statement which referred to an occasion which the husband maintained was a without prejudice meeting. Application dismissed.
- Q (Children)  EWCA Civ 918
Appeal in care proceedings against findings of fact which, the mother claimed, were made in circumstances where there had been exhibited judicial bias. Appeal allowed.
- Cambra v Jones & Jones  EWHC 2264 (Fam)
Judgment in Hague Convention proceedings, explaining why child should participate as a party to proceedings and considering the committal of mother for breach of order to return children to Spain. Application for committal dismissed.
- London Borough of Bexley v V & Others  EWHC 2187 (Fam)
A Local Authority was ordered to pay costs for a hearing to consider re-timetabling following its failure to comply with directions
- The Mental Health Trust & Another v DD & Another  EWCOP 11
Application in Court of Protection for declarations and orders in relation to the care and health of a pregnant woman during the final stage of her pregnancy and in the safe delivery of the unborn baby
- T (A Child)  EWCA Civ 929
Successful appeal from a care order and placement order when the appellant mother was in prison because of an inadequate consideration in the judgment of the consequences of adoption for the subject child
- Cooper-Hohn v Hohn  EWCA Civ 896
Appeal by wife in financial remedies ‘big money’ case against case management decision refusing her application for permission to adduce expert evidence as to the value of management entities through which the husband receives financial reward. Appeal dismissed.
- Re D (A Child)  EWHC 2121 (Fam)
Dispute following a commercial surrogacy arrangement that took place in the Republic of Georgia using eggs from a donor and the first respondent’s sperm. The surrogate mother played no part in the proceedings. Held that there was insufficient evidence to determine (a) whether the surrogate mother was married at the relevant time and therefore (b) the identity of the legal father. By consent the applicant and first respondent agreed a shared residence order with the child remaining a ward of court.
- Public Guardian v JM  EWCOP 7
Application in the Court of Protection brought by a newspaper publishing company for permission to identify a person who had not been named in an earlier judgment.
- Hertfordshire County Council v F & Others  EWHC 2159 (Fam)
Application for care and placement orders in respect of 5 month - mother assessed as having learning disability and father displaying aggressive behaviour - consideration of adjournment for further assessment - judgment given in open court, in part to address misleading allegations made about professionals by father
- County Durham & Darlington NHS Foundation Trust v PP & Others  EWCOP 9
Court of Protection proceedings. Declarations granted including that attempts at resuscitation are not in P’s best interests.
- A (A Child)  EWCA Civ 871
Two appeals against orders made by HHJ Horowitz QC and HHJ Plumstead in the context of contested schedule 1 proceedings, concerning the slip rule and the interpretation of orders
- J (A Child)  EWCA Civ 875
Appeal against findings in private law proceedings. Appeal allowed, findings overturned and no re-trial ordered. Comment provided on approach to vulnerable witnesses and right to fair trial.
- P (A Child)  EWCA Civ 888
Appeal against care and placement orders, in respect of a young child whose parents had relocated to England from Poland prior to her birth, concerning comments made by the judge about the possibility of the child being cared for by members of the extended family in Poland. Appeal allowed.
- Re P (Children)  EWCA Civ 852
Appeal against a decision not to allow a mother to remove the children permanently from the jurisdiction.
- Press Association v Newcastle upon Tyne Hospitals Foundation Trust  EWCOP 6
Application by the Press Association to set aside an order to remove the embargo on naming a deceased party
- LB of Waltham Forest v AD  EWHC 1985 (Fam)
Application in care proceedings for a reporting restriction order in respect of a child whose father was awaiting trial for the alleged murder of the child's mother and where there had already been press reporting of the case. Application refused and guidance given as to the need to give proper and adequate notice to the press and broadcast media.
- Kaur v Dhaliwal & Another  EWHC 1991 (Ch)
Dispute as to whether the fiancee of the deceased satisfied the “living in the same household” and “living as man and wife” eligibility criteria in s.1 (1A ) of the Inheritance (Provision for Family and Dependants) Act 1975 in order to claim against the deceased’s estate
- B (A Child)  EWCA Civ 843
Appeal by a child which raised issues of general public importance in respect of the powers of the court to compel third parties without parental responsibility to take steps to secure the return of an abducted child and the role of non-subject children in such proceedings. Appeal allowed.
- B (Children)  EWCA Civ 814
Application for permission to appeal findings of fact, placement of children with paternal grandparents under an SGO, and reduction in contact.
- F-D v The Child and Family Court Advisory Service  EWHC 1619 (QB)
Claim by father for damages against Cafcass – claim alleging negligence, misfeasance in public office and breach of article 8 rights – consideration of whether duty of care owed by Cafcass to the father and whether such duty had been breached – claim dismissed.
- Re P (A Child: Assessment of Kinship Carers)  EWFC B73
Factors which the court should consider when evaluating an application for a further assessment of kinship carers.
- W (Children)  EWCA Civ 810
Appeal in respect of placement orders granted following a final hearing in which the parents appeared as litigants in person. It was argued that the judgment granting the substantive orders, which pre-dated Re B-S, failed to comply with the requirements set down by Re B-S and Re B. Appeal dismissed with the Court being highly critical of the delay in the appeal hearing.
- Re Z (Children)  EWHC 1999 (Fam)
Application to access DNA samples in care proceedings where the party asserting paternity of the children refused a DNA test.
- Re F (A Child)  EWCA Civ 789
Father’s application for permission to appeal an order that his child was habitually resident in England and Wales. Permission granted and appeal allowed.
- LC v RRL & Others  EWFC 8
Re-hearing by Mr Justice Roderick Wood of a mother’s application for the return of four children to Spain under the Hague Convention and BIIR, pursuant to the decisions of the Court of Appeal  EWCA Civ 1058 and the Supreme Court  UKSC 1. Consideration of habitual residence and the “intolerability” defence where a sibling group is to be separated.
- Re ZZ and Others  EWFC 9
Reviewing findings of fact in care proceedings due to new evidence arising whilst proceedings ongoing. Test to be applied to review.
- W (A Child)  EWCA Civ 772
Interim care order made within private law proceedings pursuant to s37 direction – appeal by mother on grounds of procedural irregularity and incorrect application of the test for interim removal – appeal dismissed
- Lancashire County Council v C, M & F (Children - Fact-finding)  EWFC 3
Fact-finding hearing concerning two sisters, K and S, aged 3 and 1 respectively. Proceedings began after the death of S’s twin and also concerned an injury to K in 2011 for which proceedings had been issued previously and withdrawn. The incident in relation to K was found to be accidental, and it was not possible to establish when or why L died. The court found that the threshold for intervention had not been crossed in either incident, and returned the girls to their parents’ care.
- DH v CL and Others  EWHC 1836 (Fam)
Leave to remove – Kurdistan Region of Iraq – child in care of father following care proceedings and having supervised contact with mother – real prospect of child’s future being in foster care in the event of refusal of application and father moving without child – discussion of applicable principles to such applications.
- X (A Child)  EWHC 1871 (Fam)
Application within care proceedings for consent to terminate pregnancy of 13 year old. Judgment wholly anonymised to prevent identification. Consent granted
- Borough of Poole v W & Another  EWHC 1777 (Fam)
Application for adoption order-opposed by birth parents who had been given leave to do so on appeal.
- H (Children)  EWCA Civ 733
Mother’s application to the Court of Appeal for permission to appeal against what she contended was a “pre-emptory” change of interim residence orders in respect of her three sons
- Q v Q  EWFC 7
Private law proceedings adjourned by the President as a result of the father having no access to public funds for legal representation
- Re DE (A Child)  EWFC 6
Appeal by parents against refusal of an injunction to prevent the immediate removal of their child where he had remained at home under a care order. Appeal allowed and matter remitted for a full hearing.
- TF v PJ  EWHC 1780 (Fam)
Application by mother to revoke an order for summary return of a child to Italy on the ground of material change in her circumstances. Original order set aside.
- B v B  EWHC 1804 (Fam)
Order for the summary return of a 9 year old girl to Lithuania Mother’s Article 13 defences rejected and safeguards put in place to support return.
- Sheffield Teaching Hospitals NHS Foundation Trust v TH & Anor  EWCOP 4
Court of Protection – application by NHS Trust for declarations in relation to a patient in minimally conscious state, in particular in relation to withdrawal of nutrition and hydration.
- Bristol City Council v A Mother & Others  EWHC 1367 (Fam)
Fact-finding hearing in care proceedings in respect of a child of parents whose first child had died in circumstances in which the exact causation of death had not been established with any certainty. Held in the present case that the section 31 threshold criteria had not been satisfied.
- An NHS Foundation Trust Hospital v P  EWHC 1650 (Fam)
Application for, inter alia, a declaration that it was lawful for medical practitioners entrusted with a 17 year old patient's care to treat her for an overdose notwithstanding that she refused treatment. Application granted.
- Re J and S (Children)  EWFC 4
Applications by Slovak parents (i) for leave, pursuant to s.47(5), Adoption and Children Act 2002, to oppose the making of adoption orders in respect of two of their children, and (ii) for the transfer of the proceedings to the Slovak Republic, under Article 15, Brussels II R. Applications dismissed. Comments by the President about adjournment of earlier hearing because of absence of interpreter.
- C (Children)  EWCA Civ 705
Appeal from order granting mother leave to remove children permanently to Brazil. Appeal dismissed.
- Price v Price  EWCA Civ 655
The Court of Appeal allows a husband's appeal against a decision not to set aside the certificate that the wife is entitled to a decree of divorce and not to allow him to file an answer out of time. Case returned to the county court for directions and a re-hearing.
- North Somerset Council v LW and others  EWCOP 3
Successful application for costs in Court of Protection proceedings as to whether a hospital at which a patient was due to give birth should be permitted to perform a caesarean section if it were established that the patient acked capacity to consent to medical treatment.
- North Somerset Council v LW and others (Care and RRO)  EWHC 1670 (Fam)
Applications by a local authority under the inherent jurisdiction for an order not to disclose to the mother the care plan for removal of her child at birth and a reporting restrictions order
- JG v The Lord Chancellor & Others  EWCA Civ 656
Successful appeal concerning funding of an expert report in private children law proceedings. The LSC refused to fund the whole costs of an expert’s report notwithstanding that the judge at first instance had ordered that the costs be funded by the child (who was publicly funded) and had certified that it was a reasonable and necessary disbursement under the terms of her public funding certificate. Held that the cost of the report be funded by the child, the court considering it to be a reasonable and necessary disbursement to be incurred under the terms of her public funding certificate.
- Surrey County Council v S  EWCA Civ 601
Appeal by local authority against decision to give a parent a ‘last chance’ under a supervision order. Appeal dismissed. Comment on role of agency decision makers.
- Solovyev v Solovyeva  EWFC 1546
Application, by consent, for a declaration of marital status following a divorce under the law of the Russian Federation. Held that, although the divorce was valid under Russian law, because it was obtained in the British Isles it was not a valid divorce in the jurisdiction of England & Wales.
- Re G (A Child)  EWCA Civ 680
Appeal against (a) a stay of proceedings pursuant to Article 19 of Brussels II Revised on the grounds that the court remained seised as a result of a previous order, and (b) an order requiring the mother to take the child to Italy by a certain date pursuant to Article 20. Appeal dismissed.
- SC v BH  EWHC 1584 (Fam)
Mother’s High Court application for a passport order whereby in the event that the respondent father enters the jurisdiction from the US, his passport and any passport in the parties’ child’s name be seized.
- Leicester City Council v S  EWHC 1575 (Fam)
Consideration within public law proceedings of the making of a request under Article 15, Brussels II Revised, for the relevant authority in Hungary to accept jurisdiction. Guidance provided on the role of Embassies / Central Authorities, international communications and Article 55.
- CC v DD  EWHC 1307 (Fam)
Application for the making of a parental order following a surrogacy arrangement and the making of an adoption order in the United States of America. Application granted.
- In the Matter of K (A Child) (Northern Ireland)  UKSC 29
Supreme Court judgment concerning the meaning of the words ‘rights of custody’ in article 3 of the Hague Convention on the Civil Aspects of International Child Abduction and Brussels II Revised.
- Re S (Children, W & T)  EWCA Civ 638
Application by parents for permission to appeal against findings of fact in care proceedings. Consideration given to the local authority's 'neutral stance' in respect of the appeal. Application dismissed.
- Chai v Peng  EWHC 1519 (Fam)
Application by wife in big money financial remedy proceedings to withdraw and issue a fresh divorce petition and to receive further maintenance pending suit.
- Re B (A Child)  EWCA Civ 565
A public law children appeal to the Court of Appeal on an important point of principle or practice, considering the power and extent of an appellate court’s ability to ‘fill the gaps’ in the reasoning of a first instance decision and when such a discretion should be exercised, as opposed to directing a full re-hearing.
- Rapisarda v Colladon  EWFC 1406-1
Consideration by the President of the Family Division of whether the Judicial Proceedings (Regulation of Reports) Act 1926 applied to an application by the Queen’s Proctor for the dismissal of a number of divorce petitions, and whether the Court had a discretion to allow publication of the whole of the proceedings under section 1(4) of that Act. Directions made permitting publication of the whole of the proceedings and comment provided as to the use of similar directions in financial remedy proceedings.
- N (A Child) (Adoption Order)  EWFC 1491
Consideration of special guardianship orders against adoption orders particularly in light of Re B-S  EWCA Civ 813
- R (A Child)  EWCA Civ 597
Appeal of care and placement orders due to insufficient analysis of risks and failure to consider all options. Appeal allowed and case remitted. Guidance given on public law appeals where the appellant is a litigant in person.
- Hussein v Ahmad & Others  EWHC 721 (Fam)
Claim by wife for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984.
- Nottinghamshire Healthcare NHS Trust v RC  EWCOP 1317
Application by NHS Trust for declarations relating to a treating clinician’s decision not to impose a blood transfusion on a Jehovah’s Witness, detained in a secure psychiatric hospital after self-laceration, who refused to consent to such treatment and had signed an advance decision to that effect.
- Davies & Another v Davies  EWCA Civ 568
Appeal in connection with a claim by the respondent to be entitled to an interest in her parents' dairy farm, or other equitable relief, based on the doctrine of proprietary estoppel. Appeal allowed to the extent that the order be amended so as to declare only that the respondent was entitled to an equity over the farm and/or farming business and that the extent of the equity and the manner of its satisfaction remain to be determined.
- Hakki v Sec of State for Works & Pensions  EWCA Civ 530
Decision of the Court of Appeal on the question of whether the winnings of a ‘professional’ poker player were “earnings” for the purpose of the Child Support Agency.
- L v C  EWFC 1280
Applications by former female partner of mother of child for permission to apply for residence and contact orders, and for declarations that she was a ‘psychological parent’ to the child and that they shared family life within the meaning of Article 8 of the ECHR. Applications dismissed in respect of residence and contact orders, and that the applicant was a 'psychological parent', but declaration granted as to family life between the applicant and child.
- Re G (Adult)  EWHC 1361 (COP)
Application, by newspaper publisher in Court of Protection welfare proceedings concerning a 94 year old woman, to be joined as an interested party in the proceedings; to receive a copy of the expert's report as to capacity; and to be permitted to make representations to the expert. Application dismissed by the President.
- Re KP (A Child)  EWCA 554
Mother’s appeal in Hague Convention case in which she contended that the fact that the judge conducted an extensive meeting with the child during the hearing and had used evidence from that meeting to support her decision to reject the CAFCASS officer’s recommendation contravened the Guidelines for Judges Meeting Children who are Subject to Family Proceedings (April 2010).
- Maughan v Wilmot  EWHC 1288 (Fam)
High Court applications for the appointment of a receiver, an extended civil restraint order and an extension to a freezing injunction. Cross-application to strike out freezing order and suspend all other orders made.
- A council v LG and others  EWHC 1325 (Fam)
Fact-finding hearing in relation to allegations of physical injury against a background of admissions of fabricated or induced illness perpetrated by the mother
- Re WT  EWHC 1303 (Fam) -surrogacy
Parental order application pursuant to s.54 HFEA 2008, following a foreign surrogacy arrangement. Theis J considers the need for proof of the surrogate mother’s consent and how the court should decide whether to authorise payments which went beyond ‘expenses reasonably incurred’.
- Surrey CC v AB and others  EWHC 1115-1 (Fam)
Care proceedings in relation to a child with complex medical needs in which the judge was asked to consider the parents’ and paternal grandmother’s criticisms of the Local Authority handling of the case
- London Borough of Haringey v Musa  EWHC 962 (Fam)
Application within care proceedings for permission to change the surnames of the two youngest of seven children prior to adoption.
- Joy v Joy  EWCA Civ 520
Application within financial remedy proceedings for a stay of an order for delivery up of a vintage motor car
- Re N (Leave to remove from the jurisdiction) (2)  EWHC B16 (Fam)
Mother’s application for leave to permanently remove a child from the jurisdiction to her home country of Tanzania
- Re P (A Child)  EWHC 1146 (Fam)
Judgment by President in 'forced caesarean' case approving the adoption of the daughter.
- W (Children) (Contact Dispute) (No 2)  EWCA Civ 401
Appeal by father against order dismissing his application for a residence order and refusal to order direct contact between the father and his children. Appeal dismissed.
- JP v NP  EWHC 1101 (Fam)
Appeal by wife against an order which set aside, for want of jurisdiction, an order in financial remedy proceedings. Application allowed and costs granted against the husband.
- J, A, M and X (Children)  EWHC 4648 (Fam)
Application by local authority to withdraw its application for care orders at the start of a fact-finding hearing in respect of four children. Consideration of the factors which should be included in the court's evaluation. Application granted.
- Re S (A Child)  EWCC B44 (Fam)
Judgment by President in care proceedings in which the mother applied for an assessment under s 38(6) of the Children Act 1989. Consideration of Children and Families Act 2014 s 38(7A) and (7B) and the scope for extending the 26 week time limit. Application dismissed.
- A & B v P Council  EWHC 1128 (Fam)
Judgment concerning a preliminary issue in adoption proceedings brought by child’s stepfather as to whether the child’s natural father should be notified of the adoption application.
- JM v CZ  EWHC 1125 (Fam)
Judgment on costs arising out of proceedings under Part IV of the Family Law Act 1996. Mostyn J also gives consideration to section 45(3) of the Family Law Act 1996 and the general principles that should apply on an ex parte application.
- J-M (Child)  EWCA Civ 434
Appeal by father against an order refusing his application for direct contact with his 14 year old son. Appeal dismissed.
- EDG v RR  EWHC 816 (Fam)
Judgment concerning the procedure on an application to enforce a foreign maintenance order.
- MET HAT ( No 2)  EWHC 717 (Fam)
Further judgment in proceedings under Part III of Matrimonial Family and Proceedings Act 1984 concerning applications for maintenance pending suit and a legal services payment order.
- Luckwell v Limata  EWHC 1035 (Fam)
Further judgment in financial remedy proceedings concerning the funding of capital gains tax arising on the sale of a property and how that might affect the net proceeds of sale.
- Re A (A Child)  EWHC 920 (COP)
Application by an NHS Foundation Trust for declarations in respect of the treatment of a 15 year old girl who was suffering from persistent vomiting which had led to life threatening weight loss. The proposed course of treatment was opposed by the child and the Mother. Declarations granted and patient made ward of court.
- MB v GK  EWHC 963 (Fam)
Judgment considering the weight to be given to parental intention in determining whether the habitual residence of an infant has changed.
- M v W  EWHC 925 (Fam)
Application bywife for financial provision pursuant to Part III of the Matrimonial and Family Proceedings Act 1984 and application by husband that it should be struck out. Held that the court had jurisdiction to hear the wife's application but that it should be struck out.
- London Borough of Hounslow v AM & Others  EWHC 999 (Fam)
Application by mother for transfer of care proceedings to Hungary pursuant to Art 15 Brussels IIR. Re M  EWCA Civ 152 considered. Application adjourned.
- Re G (A Child)  EWCA Civ 432
Application by non-parent who had cared for child until his removal under care and placement orders for leave to oppose adoption. Consideration of the legal route for a person who is not a parent or guardian to seek to participate within adoption proceedings.
- London Borough of Redbridge v G & Others (No 2)  EWHC 959 (COP)
Judgment concerning interlocutory issues relating to the role of a responsible local authority in proceedings under the Mental Capacity Act 2005, the function of the Court of Protection, and the right of people affected by, or subject of, the proceedings to speak publicly about them.
- CC v NC  EWHC 703 (Fam)
Application by wife for maintenance pending suit. Wife awarded MPS of £170,000 per annum.
- Bristol City Council v AA and Another  EWHC 1022 (Fam)
Issue of child’s habitual residence and the appropriate jurisdiction under Brussels II Revised.
- MW and Hertfordshire County Council v A and Others  EWCA Civ 405
Appeal by local authority and father of two children placed in the care of their maternal uncle and aunt, residing in Poland, subject to a special guardianship order. Appeal dismissed and costs awarded against the local authority.
- US v SR  EWHC 175 (Fam)
Judgment in financial remedy proceedings involving, principally, OS v DS fact-finding exercise concerning alleged misconduct, unauthorised property dealings and non-disclosure. Findings of litigation misconduct made, but costs of the OS v DS hearing reserved to the final hearing.
- R (A Child)  EWCA Civ 270
Appeal by a father against findings of fact. Observations by the Court of Appeal re. the weight to be attached to flawed ABE interview and the threshold for dislodging findings of fact on appeal.
- H (A Child)  EWCA Civ 271
A maternal Grandmother appealed within private law proceedings against an order that there be no direct contact with her grandchild who lived with the mother.
- Richards v Wood & Wood  EWCA Civ 327
Dispute as to the interpretation and enforcement of a declaration of trust in relation to a property purchased pursuant to the right to buy scheme.
- Re B (A Child) (1980 Hague Convention Proceedings)  EWCA Civ 375
Appeal from a return order made in Hague Convention proceedings in relation to a 10 year old child who was subject to an interim care order in the UK
- N v N  EWCA Civ 314
Appeal of decision to set aside order for further maintenance pending suit (as a result of husband’s material non-disclosure). Appeal allowed and the order of 2009 reinstated.
- Cambra v Jones & Palacin  EWHC 913 (Fam)
Judgment in Hague Convention proceedings, explaining why child should participate as a party to proceedings considering the committal of mother for breach of order to return children to Spain.
- Re A (A Child)  EWHC 604 (Fam)
Application by father under the Hague Convention for the return of his son to Latvia, following the commencement of care proceedinsg in respect of the child. Held that the English court had no jurisdiction to deal with the care proceedings and the child should be returned to Latvia.
- Re D (A Child)  EWCA Civ 315
Appeal from a decision by Baker J (CW v SG  EWHC 854 (Fam)) within private law Children Act 1989 proceedings to terminate the father’s parental responsibility in respect of his 8 years old child (D) on the application of the mother. Appeal dismissed.
- Re S (A Child: Care Order)  EWHC 529 (Fam)
Application for a further adjournment so that the mother, living in Pakistan, could be assessed was refused and a final care order was made.
- Re N (A Minor)  EWHC 749 (Fam)
Applications under Hague Convention on the civil aspects of child abduction for summary return of child to Spain and under Brussels II Rev. for recognition and enforcement of Spanish order..
- FQ v MQ  EWHC 441 (Fam)
Judgment relating to the jurisdiction of the court in England and Wales to deal with issues to relating to children who had moved to this jurisdiction from USA.
- SMD v LMD  EWHC 302 (Fam)
Application by father for contact with his daughter following findings of fact adverse to the father. No order as to contact. Section 91(14) order made.
- MD v CT  EWHC 871 (Fam)
Appeal pursuant to Brussels II Revised against the registration and enforcement of a French custody order. Appeal allowed.
- Re G (Children)  EWCA Civ 336
Appeal against refusal to grant a shared residence order as a means to confer parental responsibility on one party in relation to children born as result of egg donation between parties in a same sex relationship.
- H v H  EWHC 760 (Fam)
Husband’s application to terminate joint lives periodical payments order of £150,000 per annum made in favour of the wife in 2006.
- Leicester City Council v Chhatbar & Another  EWHC 830 (Fam)
Judgment as to whether a child was habitually resident in England and Wales on a date on which he was made a ward of court. Held, applying Re A (Jurisdiction Return of Child)  UKSC 60, that he was so habitually resident.
- Chai v Peng  EWHC 750 (Fam)
Application for further maintenance pending suit by the wife. Application granted and the husband ordered to pay the wife £170,000 before the end of April 2014.
- Re F (A Child)  EWCA Civ 275
Appeal from a decision within proceedings under the Child Abduction and Custody Act 1985 refusing permission for an expert to be instructed to assess the mother’s mental health and its impact on her ability to care for the child if a summary return was to be ordered.
- FB v IB  EWHC 759 (Fam)
Judgment in Hague Convention proceedings brought by father who contended that he had not consented to the children's relocation from the USA to England. Declining to exercise inherent jurisdiction to order the return of the children, the court made residence orders in respect of both children in favour of the mother.
- P (by his litigation friend, the Official Solicitor) v Cheshire West and Chester Council and another; P and Q (by their litigation friend, the Official Solicitor) v Surrey County Council  UKSC 19
Two appeals to the Supreme Court concerning the criteria for judging whether the living arrangements made for a mentally incapacitated person amount to a deprivation of liberty. Both appeals allowed.
- Tan v Choy  EWCA Civ 251
Appeal by wife in divorce and financial proceedings against finding of habitual residence and determination of jurisdiction in England and Wales pursuant to Article 3(1)(a) of Brussels IIR and a refusal to refer the matter to Court of Justice of the European Union for preliminary ruling and a refusal to stay proceedings. Appeal dismissed.
- Bhura v Bhura & Others  EWHC 727 (Fam)
Application by wife for declarations that two properties were wholly or mainly beneficially owned by the husband notwithstanding that legal title to the properties was held in the names of the husband’s family members. Applications dismissed.
- A County Council v L  EWHC 730 (Fam)
High Court application for care order – threshold met by virtue of child being victim of trafficking– additional support for trafficked child
- Re X and Y (Children: Disclosure of Judgment to Police)  EWHC 278 (Fam)
Application by father to restrain a local authority from disclosing to the police transcripts of two earlier judgments in long-running care proceedings concerning two children. Application refused.
- Re M-M (A Child)  EWCA Civ 276
Cross appeals in relation to award of financial provision under Schedule 1 to the Children Act 1989 in a case where the Father lived in France. Mother's appeal dismissed but Father's cross appeal allowed to a limited extent.
- Ahmed v Mustafa  EWCA Civ 277
Appeal concerning jurisdiction to prevent a party to a marriage pursuing fresh financial remedies applications in another jurisdiction where a final order had already been made in this jurisdiction
- D v K and B  EWHC 700 (Fam)
Judgment in private law children proceedings where the applicant mother, who had alleged rape by the respondent father, was legally aided and the respondent was not.
- Gohil v Gohil  EWCA Civ 274
Appeal from order setting aside an award of financial relief on the basis of material non-disclosure and listing a re-hearing of the wife’s claims. Consideration by the Court of Appeal of the extent of the jurisdiction of the Court of first instance to set aside financial orders and the relevance of the principles in Ladd v Marshall  1 WLR 1489 to such applications.
- JP v LP & Others  EWHC 595 (Fam)
High Court application under the Children Act 1989 and the inherent jurisdiction, arising out of the need to regularise the status of parties following the making of an informal surrogacy arrangement.
- Re F (Abduction: Consent)  EWHC 484 (Fam)
Application under the Hague Child Abduction Convention to return a child to Denmark
- Ivleva v Yates  EWHC 554 (Fam)
Wife’s application for the recognition of a divorce granted in Ukraine on 9th October 2013 and the dismissal of divorce proceedings brought in this jurisdiction by the Husband’ in April 2013.
- Re SJ (A Child) (Habitual Residence: Application to Set Aside )  EWHC 58 (Fam)
Judgment of Parker J on the issue of whether proceedings concerning a 9 year old girl should be heard in England or Spain, and whether the child should be returned to England from Spain.
- Re R (Children: Temporary Leave to Remove from Jurisdiction)  EWHC 643 (Fam)
Application for temporary leave to remove to non-Hague Convention country (India). Application refused. Criticism by the court of the Legal Aid Agency’s refusal to fund a report from an expert on Indian family law in spite of repeated directions that the court considered the report a necessary disbursement on the parties’ public funding certificates.
- Re M (Children)  EWHC 667 (Fam)
Judgment addressing significant delay in holding a fact finding hearing in private law proceedings, and the need for a further adjournment. The judge also considered the definition of religious ‘radicalisation’ in the context of child welfare.
- Warren v CARE  EWHC 602 (Fam)
Application by widow for a declaration that it is lawful for the sperm of her late husband to be stored for a period of up to 55 years notwithstanding that he had not complied with the 2009 regulations in certain respects. Declaration granted.
- Y v Z  EWHC 650 (Fam)
Appeal by mother against injunction forbidding disclosure of information and documents in Schedule 1 proceedings. Father had failed to disclose receipt of £111,000 and mother sought to disclose to Police / CPS and Financial Conduct Authority. Appeal dismissed.
- Rubin v Rubin  EWHC 611 (Fam)
Applications by wife, in respect of costs already incurred, for (1) Legal Services Payment Order pursuant to Matrimonial Causes Act 1973, s22ZA; and (2) pursuant to Children Act 1989, Sch 1 para 1(2)(c) to cover the costs incurred in Hague Convention 1980 proceedings.
- Re M (A Child)  EWCA Civ 226
Appeal by the children's guardian against the recorder's decision to decline to make care and placement orders sought by the local authority and instead to make a residence order. Appeal dismissed.
- Newcastle upon Tyne Hospitals Foundation Trust v LM  EWHC 454 (COP)
Application in the Court of Protection for a declaration that it would be lawful to withhold blood transfusion from a patient who was a Jehovah's Witness.
- S v S  EWHC 575 (Fam)
Father’s successful application, pursuant to the inherent jurisdiction of the court, for the summary return of his two year old child to Bermuda after the mother had retained the child in this jurisdiction following a holiday.
- N v K (No 2)  EWHC 507 (Fam)
Judgment explaining the mechanics of international judicial liaison, and why it has thus far failed in this case.
- Ilott v Mitson & Others  EWHC 542 (Fam)
Appeal by an estranged daughter under the Inheritance (Provision for Family and Dependants) Act 1975 against quantum of award made at first instance. Appeal dismissed.
- B-G (A Child)  EWHC 444 (Fam)
Application for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008
- Surrey CC v ME and Others  EWHC 489 (Fam)
Application for a reporting restriction order in respect of five young people or children subject of care proceedings where the father of the three youngest children has been killed and criminal proceedings have been commenced in respect of that death.
- Mann v Mann  EWHC 537 (Fam)
Judgment in financial remedy proceedings in which the husband had failed to make payments agreed under the Court of Appeal mediation scheme. The wife issued a statutory demand in respect of the sums owed but the demand was withdrawn on the agreement that the matter was be resolved by further mediation. Such mediation did not take place, each party blaming the other. Ungley Order made.
- Re S (Children)  EWCA 135
Appeal by father against care and placement orders on the basis that the orders were not compliant with Re B-S. Appeal allowed, interim care order substituted and case remitted for further consideration. Costs awarded against the local authority.
- Luckwell v Limata  EWHC 536 (Fam)
Husband’s application within financial remedies proceedings for the wife’s father to be excluded from court during part of the cross-examination of the wife.
- Luckwell v Limata  EWHC 502 (Fam)
Financial remedies case involving consideration of the weight to be attributed to a pre-marital agreement as well as whether the hearing should take place in public
- Y (A Child: Private Law: Fact Finding)  EWHC 486 (Fam)
Fact finding hearing in private law proceedings brought by the father for contact. Allegations made by parents against each other.
- SAB (A Child)  EWHC 384 (Fam)
Application by father for contact with his child who was living with the mother and her civil partner. Dispute as to whether the father intended only to be a sperm donor.
- MW (A Child)  EWHC 385 (Fam)
Application for leave to apply for an adoption order in respect of a child who is 17: s.42 Adoption and Children Act 2002.
- Nottingham City Council v LM  EWCA Civ 152
Appeal involving consideration of Article 15 Brussels II Revised and when requests to member states to assume jurisdiction ought to be made
- SA v PA (Pre-marital agreement: Compensation)  EWHC 392 (Fam)
Financial remedies case in which the Husband contended that the parties were bound by a Dutch pre-marital agreement and the wife argued for a compensatory payment by virtue of her having given up a high powered career
- Re J and K (Children: Private Law)  EWHC 330 (Fam)
Judgment in long-running private law children proceedings involving issues of parental responsibility, residence and contact in respect of twin boys, detailing the measures which helped to resolve it.
- Grocholewska-Mullins v Mullins  EWCA 148
Appeal by wife in financial remedy proceedings where the court had ordered payment by the husband, in three instalments, of a capitalised sum of £300,000 in lieu of periodical payments; appeal as to the staging of the instalments. Appeal allowed and order varied to effect the husband's offer to make continuing periodical payments.
- Hope v Krejci  EWHC B5 (Fam)
Application by wife for committal of husband for contempt of court arising from his failure to comply with financial remedy orders. Contempt proved and committal to prison ordered but suspended pending payment of outstanding sums to the wife.
- Harrow v Afzal  EWHC 303 (Fam) (sentencing remarks)
Sentencing remarks of Keehan J in case involving contempt of court by maternal grandfather in proceedings involving a 3 month old baby who had been unlawfully removed from the jurisdiction
- Harrow v Afzal  EWHC 303 (Fam)
Application by local authority in which it was alleged that grandparents were in contempt of court for not providing relevant information and/or securing the return of a baby who had been removed from the jurisdiction
- Prospective Adopters v IA & Others  EWHC 331 (Fam)
Application by father on the basis of a change of circumstances caused by judgments in Re B and Re B-S for (i) permission to oppose the making of an adoption order and/or (ii) stay of the application pending determination of his application to the ECtHR. Permission to oppose the adoption order granted and consequently application for stay dismissed as unnecessary.
- Ray v Sekhri  EWCA Civ 119
Appeal by husband against an order that the court in England and Wales has jurisdiction to entertain a divorce petition issued by his wife on the grounds, he claimed, that neither party was habitually resident or domiciled in the jurisdiction on the date that it was issued. Appeal dismissed.
- Re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons)  EWHC 270 (Fam)
Appeal by a mother against the interim removal of her newborn baby
- Swansea v XZ & Anor  EWHC 212 (Fam)
Application by local authority to extend a reporting restriction order.
- Re C (A Child)  EWCA Civ 70
Second appeal to Court of Appeal in public law proceedings - appeal allowed on the basis of procedural irregularities involved in the first appeal from District Judge of the Principal Registry to High Court Judge
- K v B  EWHC
Application under the Hague Convention by mother for the summary return of her son, aged 15 years 6 months, to Hungary following his wrongful retention by the father. In view of the child's objections to a return, the application was declined.
- Re P (Findings of Fact)  EWCA Civ 89
Appeal against finding that a child had suffered a non-accidental injury where perpetrator’s lies were used to bolster equivocal medical evidence. Consideration of interplay between medical and non-medical evidence in NAI cases.
- S v S  EWCA Civ 95
Wife’s appeal against Bennett J’s dismissal of her application to resume the hearing of her financial provision claim, following the parties reaching settlement on terms, which the Wife claimed were vitiated by the Husband’s material non-disclosure
Moore-Bick LJ and Macur LJ dismissed the appeal, with Briggs LJ delivering a dissenting judgment.
- Re D (A Child)  EWHC 121 (Fam)
Fact finding hearing in care proceedings in respect of an oxygen-dependent child in order to determine whether the oxygen supply had been turned off and, if so, by whom. Consideration as to the principles to be applied in such cases.
- RC v CC & Anor  EWHC 131 (COP)
Appeal of refusal to allow the Applicant in Court of Protection proceedings (biological mother of the incapacitated adult in question) to see social work statements prepared for the purpose of the proceedings.
- Great Western Hospitals NHS Foundation Trust v AA & Ors  EWHC 132 (Fam)
Application by hospital trust to invoke the inherent jurisdiction of the High Court for declaratory relief in relation to serious medical treatment for a pregnant protected party. Declaration granted.
- RO v A Local Authority & Ors  EWHC 97 (Fam)
High Court application for placement order and permission to place a child with relatives in the USA. Application arising following previous judgment dismissing father’s application for residence following death of the mother
Case linked to RO v A local authority and Ors  EWHC B31 (Fam)
- Re X, Y and Z  EWHC 87 (COP)
Conjoined care proceedings and Court of Protection proceedings concerning three children of a woman lacking mental capacity, in which care orders were made in respect of the children and the mother's deputy was authorised to make payments to the children's nanny from the mother's trust fund.
- Shield v Shield  EWHC 23 (Fam)
Financial remedies preliminary issue hearing to determine whether the husband held a shareholding in the family business on trust for his son (the intervenor) and whether the shares were available as a resource of the husband
- IM v LM & Others  EWCA Civ 37
Appeal by mother of an adult woman against a decision that she did have capacity to consent to sexual relations. Appeal dismissed.
- Re S (A Child)  EWCA Civ 25
Consideration by the Court of Appeal of the appropriate use of split hearings within public law children proceedings.
- Divall v Divall  EWHC 95 (Fam)
Case concerning the question of jurisdiction to hear a divorce petition on the grounds of domicile of the wife
- A Local Auth v DG & Others  EWHC 63 (Fam)
Care proceedings where the father of a child, aged 3, has been charged with the murder of the mother. Criticism made by the judge of the parties’ failure to comply with court directions and guidance given as to the interplay between care proceedings and linked and concurrent criminal proceedings.
- Re Ramet Application for the Committal to Prison  EWHC 56 (Fam)
Committal of father for contempt of court on account of his violence in courtroom during family proceedings. Consideration of effect of sentence in criminal proceedings for assault occasioning actual bodily harm and common assault.
- S v S  EWHC 7 (Fam)
Application for approval of a consent order intending to give effect to an arbitral award following arbitration conducted under the Institute of Family Law Arbitrators scheme.
- Re E (A Child)  EWHC 6 (Fam)
Judgment of the President of the Family Division dealing with the court’s approach to care proceedings concerning children from other European countries, and to reporting restriction orders in such cases.