Home > Judgments > 2015 archive
- An English Local Authority v X, Y and Z (English Care Proceedings - Scottish Child)  EWFC 89
Judgment revealing a lacuna in the law regarding children who are the subject of care proceedings in England or Wales but are habitually resident in another territorial unit of the United Kingdom; in this case, Scotland.
- Re A  EWHC 1756 (Fam)
Successful application for a parental order in relation to a 7-month old child born in South Africa following a surrogacy arrangement.
- Re S  EWHC 4159 (Fam)
Reporting restriction order upheld and extended in relation to a child arrested in connection with terrorist offences.
- CP v Secretary of State for Work and Pensions (CSM) (Child support - calculation of income)  UKUT 391 (AAC)
Successful appeal to Upper Tribunal in CMEC case where the court found that the First-Tier Tribunal had failed in its duty to enquire into the Mother’s allegations.
- HA (A Child) (Care Proceedings: Final Order)  EWHC 4172 (Fam)
Judgment in long-running care proceedings where a final order was made at the pre-trial review.
- R (A Child) 2015 EWCA Civ 1581
The Court of Appeal dismisses a mother’s appeal against care and placement orders in relation to her young daughter.
- Re K  EWHC 3921 (Fam)
Application for an adoption order by a couple with whom the child had been living since July 2013 when she was 8 months old. The mother had indicated her opposition; however her consent was dispensed with and the adoption order was made.
- Re M  EWCOP 69
Final judgment in long-running Court of Protection proceedings concerning a 29 year old man who has autistic spectrum disorder and a learning disability.
- PD v SD and Others  EWHC 4103 (Fam)
Keehan J’s judgment on an application for declaratory relief by a 16 year-old young man experiencing gender dysphoria in terms that his adoptive parents do not receive information about his day-to-day life, medical assessment or possible treatment.
- Re C, D and E (Children)  EWFC 92
Findings of fact relating to threshold in respect of serious and historic abuse perpetrated by A, the father of D (the subject of care proceedings), sought by the local authority on the basis of hearsay evidence.
- Re M and K (Temporary Leave to Remove to Non-convention Country)  EWFC B229
Application by mother to be released from a prohibited steps order preventing her from removing the parties' two children from the jurisdiction so that she could take them to a family wedding in Malaysia. Application granted.
- Re W (Children) (Abduction Striking Out) 2015 EWHC 4002 Fam
Pre-trial review on the father’s application under the Hague Child Abduction Convention and BIIa for the return to Spain of two children, age 7 and 6. Baker J addresses the mother’s applications for (1) strike out and (2) psychological assessment.
- D (Children: Abduction)  EWHC 3990 (Fam)
Successful application by a mother under the Hague Convention on Child Abduction and Brussels IIR for the summary return of three children to France.
- Re B (A Child)  EWCA Civ 1053
Judgment in Court of Appeal in which King LJ draws attention to paragraph 19, CPR PD 52C and sets out best practice for local authorities in care cases where litigants in person seek permission to appeal to the Court of Appeal.
- P (A Child)  EWCA Civ 1428
Appeal against a child arrangements order, whereby contact between the mother and her 18 months old child was limited to indirect contact only.
- GN v MA  EWHC 3939 (Fam)
Application for substantial increase in periodical payments under Sch. 1 to the Children Act 1989 in relation to child and for an order for sums to pay, inter alia, debts and legal costs.
- BG v BA (Deceased)  EWHC 3947 (Fam)
Joint application for the court to construe a financial remedies consent order to determine whether the wife or the estate of the late husband ought to discharge €9.2m of French tax charged against a valuable French property.
- WS v WS  EWHC 3941 (Fam)
Judgment in financial remedy proceedings in which neither spouse wanted a pension sharing order, both sought equality of asset division overall with a clean break. The High Court decided the correct approach to pension offsetting should be based upon Duxbury calculations as opposed to sums required to purchase an annuity to generate an equivalent income to a pension.
- Re L and M (Children)  EWHC 3969 (Fam)
Fact finding hearing about the cause of wrist fractures in a later deceased child concluding that the father caused the injuries.
- E v E (Art 19 and Seising BIIa)  EWHC 3742 (Fam)
Judgment concerning the relationship between Article 16 (court first seised) and Article 19 (lis pendens) of Brussels II Revised. Specifically, whether a court should simply ‘decline’ jurisdiction, or do so by way of ‘dismissing’ the English proceedings. The concluding paragraphs address service of foreign process within Brussels II Revised.
- Quan v Bray  EWCA Civ 1401
Judgment within long-running financial remedy proceedings, dealing with the Husband’s application for the court to reconsider the decision to grant the Wife permission to appeal.
- G v G  EWHC 2101 (Fam)
A judgment of Bodey J considering the jurisdiction of the court to stay an application under TOLATA.
- S (A Child)  EWCA Civ 1345
Appeal against a case management decision to include as evidence a document that the Court of Appeal had previously in a separate appeal found to be fundamentally flawed. Appeal allowed.
- London Borough of Camden v RZ and Others  EWHC 3751 (Fam)-1
Application by the local authority for interim care orders in respect of two children, where forced marriage protection orders had been made against the parents.
- F v M & Others  EWHC 3601 (Fam)
High Court judgment in proceedings under s55A Family Law 1986 for a declaration of parentage in respect of a child, C.
- F (Children)  EWCA Civ 1315
Appeal, brought by the mother of two children, against the decision in private law children proceedings. Appeal allowed and crIticism made of the adequacy of the judge’s reasons for his decision.
- Cherwayko v Cherwayko (No 2) (Contempt, contents of application notice)  EWHC 2436 (Fam)
Parker J considers the procedural requirements of committal applications and the powers of the court to remedy defects.
- Re W-M (Children)  EWCA Civ 1201
Appeal concerning an application to extend a supervision order and to enforce a contact order. Held that the trial judge acted proportionately in limiting the written evidence of the parents and was not wrong in proceeding with the trial in the father’s absence. Appeal dismissed.
- Wigan Council v M & Others (Sexual abuse - Fact finding)  EWFC 6
Fact finding hearing concerning grave allegations of abuse perpetrated against two children by their stepfather. Observations made about the failures of the statutory agencies highlighting the importance of prompt action, thorough analysis and early referral to legal services by social services teams handling similar cases.
- Re X (Children) (No 3)  EWHC 3651 (Fam)
Fact-finding hearing in public law proceedings regarding a mother accused of attempting to take her children to Syria where, it was alleged, she intended to join up with ISIS. Munby P was not persuaded to make the central findings sought by the local authority and the care and wardship proceedings were dismissed.
- Re CB (Adoption and Children Act 2002)  EWHC 3274 (Fam)
Application for an adoption order in respect of a 7 year old girl of Latvian citizenship. Latvian authorities involved within the proceedings. Adoption order granted.
- Re B (Children)  EWCA Civ 1302
Appeal against an order permitting the permanent removal of two children to the United Arab Emirates. Consideration of the use of wardship and provision of financial security to ensure and enforce compliance.
- E v M  EWCA Civ 1313
Court of Appeal grants permission to appeal in respect of s 91(14) order made on very short notice to a litigant in person. Permission to appeal section 8 child arrangements order refused
- A, B, C and F (Children)  EWHC 3663 (Fam)
Wardship proceedings concerning children taken to Somalia.
- Re W and F (Children)  EWCA Civ 1300
Appeal following findings of sexual abuse made within care proceedings where there had been significant deficiencies in the investigation into the allegations. Appeal allowed.
- Watts v Watts  EWCA Civ 1297
No appearance of bias to the notional fair-minded and informed observer in a probate / I(PFD)A 1975 judgment in which senior counsel sitting as a deputy judge had informed the parties at the outset that she was leading one of the advocates in other unrelated long-running litigation.
- Re C (Older Children - Relocation)  EWCA Civ 1298
Appeal by the mother and her older child against the court’s refusal to allow the mother to remove her children to the USA.
- Peng v Chai  EWCA Civ 1312
Appeal by husband in long-running financial remedies proceedings, where litigation was being pursued in Malaysia and in this jurisdiction, involving substantial assets and concerning arguments relating to issue estoppel, abuse of process and stay of proceedings. Appeal dismissed.
- Re C (Internal Relocation)  EWCA 1305
Father’s appeal against order permitting the wife to move with their daughter from London to Cumbria. (Guidance given by Court of Appeal about principles to be applied in relocation cases).
- Re D (A Child)  EWHC 3434 (Fam)
Final hearing of cross-applications by the parents for a child arrangements order that D live with them and of the mother’s application for permission to remove D permanently from the jurisdiction to Israel.
- Re C-W (A Child)  EWCA Civ 1272
Court of Appeal decision in private law proceedings regarding mother’s application for contact with child in the USA where the mother lived. Application at first instance dismissed; appeal allowed. Consideration of legal protection offered by the mother.
- Re H (A Child)  EWCA Civ 1284
Appeal of Russell J’s decision (made on rehearing) to order the return of a child who had been placed with prospective adopters to the care of her father.
- EH v Sec of State for Work & Pensions (CSM) (Child support: variation: departure directions: diversion of income)  UKUT 621
The Upper Tribunal determines that repayments of a director’s loan can constitute income for the purposes of an application to vary child support maintenance on the grounds of diverted income.
- Re Z (Foreign Surrogacy: Allocation of Work: Guidance on Parental Order Reports)  EWFC 90
Judgment setting out guidance, approved by the President of the Family Division, in respect to applications for parental orders under the Human Fertilization and Embryology Act 2008 section 54.
- Re P (Application for Declarations by Health Authority)  EWCOP 42
Application by NHS Trust for declarations relating to life sustaining treatment of a patient.
- Re RS (Forced Marriage Protection Order)  EWHC 3534 (Fam)
Application under the Inherent Jurisdiction of the High Court in which the court found that a 25-year old man, who had been married in Pakistan, lacked capacity to consent to sexual relations/marriage and exercised its discretion to make a declaration of non-recognition in relation to the marriage.
- A (Children)  EWCA Civ 1254
Appeal against placement orders involving issues of inter-sibling contact and cultural heritage needs.
- WA (A Child) (Abduction) (Consent; Acquiescence; Grave Risk of Harm or Intolerability)  EWHC 3410 (Fam)
The High Court, considering the Hague Convention 1980 and BIIR, found no substance to three Article 13 (b) ‘defences’ or exceptions to an order for summary return of an 8-year-old child to his country of habitual residence, in circumstances involving likely separation of siblings.
- Re AT v SS (No 2)  EWHC 3328 Fam
Application by mother for variation of an order requiring the return of the parties' child to The Netherlands. Application dismissed.
- Re AG  EWCOP 78
Appeal by DG, the mother of AG, against an order of His Honour Judge Rogers who had considered the welfare arrangements for AG in the Court of Protection. Appeal dismissed by the President.
- Kings College Hospital NHS Foundation Trust v C and Another  EWCOP 80
Application by an NHS trust pursuant to s 15 of the Mental Capacity Act 2005 for a declaration that patient ‘C’ lacked capacity to make decisions about her medical care and treatment. The application was dismissed (and the court did not therefore need to consider the further application for declarations pursuant to s.4A and s. 15 to authorise the trust to administer further medical treatment).
- AR v AS  EWHC 3440 (Fam)
Application for the summary return of a child to Saudi Arabia. Application declined.
- I (A Child)  EWCA Civ 1159
Application for permission to appeal a decision to permit the withdrawal of life sustaining treatment of an 11 year old boy. Permission refused.
- Re H (Children)  EWCA Civ 1216
Appeal by father in private law children proceedings on the basis that the judge at first instance had erred in (i) making no order for contact; (ii) declining to enforce an order for indirect contact; and confirming the making of a one-year order under s 91(14) of the Children Act 1989. Appeal dismissed.
- MM v (1) Secretary of State for Work and Pensions, (2) IJ (CSM)
An “unusual” appeal in which the Appellant Mother sought to set aside a Consent Order agreed with the Father concerning maintenance liability under the Child Support Scheme. Appeal allowed and remitted for a re-hearing.
- Re S  EWHC 3288 (Fam)
Judgment in proceedings arising from cross-applications (1) by the mother for permission to remove the parties' child permanently from the jurisdiction to reside in Pakistan; and (2) by the father for a child arrangements order under which the child would live predominantly with him.
- Re N  EWCOP 76
Hayden J granted permission to remove life-sustaining treatment for N who was suffering from progressive MS and was in a minimally conscious state. The judge highlighted the weight to be attached to N’s own views
- B v B  EWCA Civ 1166
Appeal by mother against costs made in proceedings under the Hague Convention.
- In the matter of J (a child)  UKSC 70
Judgment of the Supreme Court unanimously allowing the father's appeal, holding that it is open to the English courts to exercise the article 11 jurisdiction in cases of wrongful removal under the 1996 Hague Convention, and ordering that the case be returned to the High Court for a decision as to whether it is appropriate to do so in the circumstances of this case.
- Re D (A Child)  EWCA 1150
Successful appeal from a care and placement order in which the Court of Appeal found that the first instance judgment should have contained clear and reasoned findings about disputed facts.
- Re O (A Child) 2015 EWCA Civ 1169
Court of Appeal decision in public law proceedings involving consideration of declarations absolving a local authority from duties to consult and provide information to a parent, and making final orders at an IRH including the professional duty of advocates and lawyers to direct their attention to the obligation to achieve finality at the IRH wherever possible.
- Re CD  EWCOP 74
Application in the Court of Protection to authorise deprivation of liberty for the purposes of carrying out an abdominal hysterectomy on a patient detained under section 3 MHA 1983
- Ramadani v Ramadani  EWCA Civ 1138
Appeal concerning the jurisdiction of a court in England and Wales to hear a spousal maintenance application in the context of Council Regulation (EC) 4/2009 ("The Maintenance Regulation") following previous proceedings in another EU member state
- Minkin v Landsberg  EWCA Civ 1152
Court of Appeal uphold decision that solicitor on retainer limited to re-drafting a financial remedies consent order had no duty of care to advise on merits of the underlying agreement.
- KS v MK  EWHC 3276 (Fam)
Judgment in Hague Convention proceedings after the father withdrew his application for the summary return of the child to Spain owing to its unusual facts.
- JR v Sec of State for Work & Pensions & Anor (CSM) (Child support: variation: departure directions: lifestyle inconsistent)  UKUT 582 (AAC)
Appeal to the Upper Tribunal by mother seeking variation of child support based on, inter alia, the father's lifestyle being inconsistent with his declared income. Appeal dismissed and First-tier Tribunal's decision should be implemented.
- C ( A Child) (Wasted Costs)  EWHC 3259 (Fam)
Hearing in private law children proceedings before Mr Justice Cobb on the mother’s application for a wasted costs order against the father’s solicitors. Held that a wasted costs order was justified and proportionate in this case.
- Re L (Grave risk of harm) (Children's objections)  EWHC 3300 (Fam)
Application under the Hague Convention for the summary return of a 7 year old child to Bulgaria. Application successful and child’s return ordered.
- NA v Nottinghamshire County Council  EWCA Civ 1139
Appeal considering whether a local authority should be liable for the abuse perpetrated by foster carers on the child in their care. Held that the local authority was not so liable.
- Re L (No 2)(A Romanian Child: fact finding & welfare)  EWHC 3191 (Fam)
Fact-finding of sexual and physical abuse and subsequent welfare decision for long-term specialist foster care for the child.
- FB v PS  EWHC 2797 (Fam)
Wife’s application for a financial remedies order where the quantum of the assets amounted to c. £19 million yet there was virtually nothing at all in the name of the Wife
- Re M (Children)  EWCA Civ 994
Successful appeal from the summary dismissal of an application brought by parents to discharge a care order
- Re L (A Child) (Jurisdiction - Private Fostering)  EWHC 1617 (Fam)
Judgment deciding the issue of jurisdiction in care proceedings concerning a Romanian national who had been habitually resident in Romania for all of her life until she came to live in the UK in 2013.
- WD v HD  EWHC 1547 (Fam)
Appeal against an order terminating the wife’s substantive spousal maintenance award and imposing an immediate clean break whilst leaving unaltered her obligation to pay part of her eldest daughter’s school fees
- Welch v Welch  EWHC 2622 (Fam)
Judgment in financial remedy proceedings in which the wife appealed against various orders at first instance and contended that various circumstances amounted to Barder events. Appeal dismissed and civil restraint order imposed.
- JS v RS  EWHC 2921 (Fam)
Judgment in financial remedy proceedings involving a short marriage and c. £6.9M assets, the court considering a 'clutter' of 'doomed' arguments as to pre-acquired earning capacity, contribution and conduct (including add-backs), and whether it should make a 'higher order' if a party will settle for less.
- Medway Council v B & Others  EWHC 3064 (Fam)
Judgment concerning the extent to which the wishes and feelings of children are relevant when considering whether the criteria for transferring jurisdiction pursuant to Art 15(1) of Brussels IIa are met.
- Veluppillai & Others v Veluppillai  EWHC 3095 (Fam)
A wife’s claim for financial remedy involving extreme litigation misconduct by the husband.
- MF v SF  EWHC 1273 (Fam)
Moylan J determines a financial remedies application in a case dominated by the wife's suspicion of the husband's business dealings.
- CK (Children) (Care Proceedings, Habitual Residence, Article 15)  EWHC 2666 (Fam)
Judgment within care proceedings concerning (i) whether the court had jurisdiction under Article 8 Brussels IIA; and (ii) whether to accede to a request by the Lithuanian Central Authority for a transfer of jurisdiction under Article 15 Brussels IIA. Held that the court had jurisdiction on the basis that the children were habitually resident in England and Wales at the time proceedings were issued, and that the criteria warranting a transfer under Article 15 BIIA were not met. Accordingly the request by the Lithuanian Central Authority was refused.
- C (A Child)  EWCA Civ 1096
Dismissal by the Court of Appeal of linked applications by a father in private law children proceedings: (i) permission to appeal a fact-finding judgment and subsequent welfare decision; and (ii) an appeal against a non-molestation injunction prohibiting the father from recording his meetings/handovers with the mother.
- Barnes v Phillips  EWCA Civ 1056
Appeal against finding that a cohabitee was entitled to 85% of the beneficial interest in a property where there was no express declaration of trust. Appeal dismissed.
- AB (A Child: Deprivation of Liberty)  EWHC 3125 (Fam)
Application by the local authority to authorise the deprivation of liberty of a child in its care, who had been placed in a residential children’s home.
- N (Children) (Adoption: Jurisdiction)  EWCA Civ 1112
Important decision of the Court of Appeal concerning adoption cases with a foreign element, the possibility of ‘limping’ adoptions, and future good practice in relation to section 20 Children Act 1989: misuse and abuse of s.20 will ‘no longer be tolerated’ and ‘it must stop’.
- Re TW and TM (Minors)  EWHC 3054 (Fam)
Appeal by the father against child maintenance orders made under Schedule 1 to the Children Act 1989. Appeal allowed and remitted the matter for rehearing.
- Tickle v The Council of the Borough of North Tyneside  EWHC 2991 (Fam)
Applications by a journalist and local authority by which the former sought permission to report certain care proceedings whilst the latter sought a reporting restriction order. Agreed order approved.
- A Local Authority v S  EWHC 3010 (Fam)
Local Authority application for a secure accommodation order under s.25 Children Act 1989 or alternatively, under the High Court’s inherent jurisdiction
- MS v PS  EWHC 2880 (Fam)
Judgment following a final hearing of an application brought by a father for an order under the Hague Child Abduction Convention for the return of his son to Israel.
- KW & Others v Richmond Metropolitan BC  EWCA Civ 1054
Second successful appeal in a Court of Protection case in which the Court of Appeal applies the Supreme Court’s definition of “deprivation of liberty” and also addresses the ambit and procedure of consensual appeals made pursuant to CPR r.52 and PD52A.
- Re A and B (Contact) (No 4)  EWHC 2839 (Fam)
The fourth published judgment from Mr Justice Cobb in a long-running private child dispute between same-sex parents
- F (Child's Objections) (was Re N on appeal)  EWCA Civ 1022
Appeal by father against the decision by the trial judge to order the return of the parties' children to their mother in Australia, following their wrongful retention by their father.
- A (Children: Adoption: Long Term Foster Care), Re  EWCA Civ 1021
Appeal against refusal to make care orders (and placement orders) based on care plans for adoption.
- M-B (Children)  EWCA Civ 1027
Appeal by local authority following a fact finding hearing in which the judge determined not to make findings that the fractures suffered by the child were the result of non–accidental injury. The appeal was allowed and the matter was remitted for a hearing de novo.
- S (A Child)  EWCA Civ 1015
Father’s appeal against final care order dismissed. Court of Appeal gives guidance on skeleton arguments, particularly when inheriting a case from a litigant in person.
- Mackay v Mackay  EWHC 2860 (Fam)
Holman J recuses himself from financial remedies case in which the wife sought to set aside a consent order on the basis of material non-disclosure
- Central Manchester University Hospitals NHS Foundation Trust v A & Others  EWHC 2828 (Fam)2828
Judgment arising from an application by NHS Foundation Trust as to whether it would be lawful to withdraw mechanical or artificial ventilation from two identical male twins, now aged about fourteen months.
- Sharland v Sharland  UKSC 60
Appeal to the Supreme Court by a wife concerning the impact of fraudulent non-disclosure on a financial settlement agreed between a husband and wife on divorce, especially one embodied in a court order.
- Gohil v Gohil  UKSC 61
Appeal to the Supreme Court by a wife concerning the setting aside of a final order made in financial remedies/ancillary relief proceedings on the basis that there had been material non-disclosure by the husband.
- C v C & Another  EWHC 2795 (Fam)
Roberts J set out the court’s jurisdiction to make freezing orders in relation to family members’ operation of a family-owned business
- Re K-L (Children)  EWCA Civ 992
Appeal by mother following a fact-finding hearing to determine allegations against the father. The appeal concerned difficulties including (i) the question as to which effective decision was under appeal and (ii) that there was no order giving effect to the judgment that the mother wished to challenge.
- J (Children)  EWCA Civ 1019
Father’s appeal against an order made by the President of the Family Division refusing the father’s application for the mother’s committal following breach of an order requiring the return of two of their five children to Spain.
- D v D  EWHC 1393 (Fam)
A final hearing in Financial Remedy proceedings involving issues of non-disclosure
- X NHS Trust v Mr B  EWCOP 60
Application for a declaration that it was lawful (contrary to his express wishes) to amputate the foot of an adult who lacked capacity in circumstances where without the operation he could die within a few days. Application refused.
- Re F and X (Children)  EWHC 2653 (Fam)
Judgment in a case where the mother had failed to comply with the terms of an order to return the children to the jurisdiction from the Sudan, where there were concerns about the risk of the daughter being subjected to FGM
- M (Children)  EWCA Civ 994
Appeal against summary dismissal of application for discharge of care orders. Appeal granted by the Court of Appeal.
- H v A (No 1)  EWFC 58
Applications by mother in respect of the parties’ three children: (i) to revoke an order allowing the father indirect contact; secondly, (ii) to revoke the father’s parental responsibility and (iii)an application pursuant to s 91(14) CA 1989.
- FAS v Secretary of State for the Home Department & Another  EWCA Civ 951
Appeal against the refusal to make an adoption order in respect of MW, a young person aged 18 of Pakistani nationality, by which FAS, a British citizen, would become his adoptive mother. Appeal dismissed for reasons other than those given at first instance.
- H v A (No 2)  EWHC 2630 Fam
Judgment concerning an application for a reporting restriction following publication of a previous judgment in the same matter which Mr Justice McDonald considered to be in the public interest.
- BR v VT  EWHC 2727 (Fam)
Applying FPR 2010 rule 20.2(1)(c)(v), and s 33 FLA 1996, in circumstances of the parties’ pressing debts and revenue deficit the court made an interim order for sale of the matrimonial home in which the wife and two children remained living.
- Somerset County Council v MK and Others  EWCOP B1
Costs awarded on an indemnity basis against a local authority at the conclusion of Court of Protection proceedings.
- Re Q (A Child)  EWCA Civ 991
Judgment of the Court of Appeal concerning the interplay between the duty of the court to attempt to promote contact, and its case management powers to determine and dismiss issues at a hearing without live evidence, in a case where the judge had decided against ordering contact.
- Re C (A Child) (Application by Dr X and Y)  EWFC 79
Application by a doctor and his colleague seeking disclosure and permission to use papers from care proceedings (and GMC proceedings) in circumstances where it was alleged that misinformed press reporting about the care proceedings in which Dr X had acted as an expert had severely damaged his reputation and ability to work in child protection.
- T (A Child) (Early Permanence Placement)  EWCA Civ 983
Judgment of the Court of Appeal holding that early permanence placements do not justify change in approach to joinder of prospective adopters in care proceedings.
- Appleton & Gallagher v News Group Newspapers and PA  EWHC 2689 (Fam)
The court granted permission to NGN Ltd to appeal to the Court of Appeal to resolve the “unhappy divergence of judicial approach” to privacy and reporting restrictions in ancillary relief cases.
- Seddon v Oldham MBC (Adoption Human Rights)  EWHC 2609 (Fam)
Judgment concerning rights of birth parents and children after adoption. The making of an adoption order always brings pre-existing Article 8 rights between a birth parent and an adopted child to an end.
- Re Dad application to commit  EWHC 2655 (Fam)
Application for committal of child’s uncle for alleged breach of a Collection Order in child abduction case struck out due to serious procedural defect
- Nasim v Nasim  EWHC 2620 (Fam)
Application for permission to appeal out of time by the Husband in financial remedy proceedings. Holman J grants permission to appeal following a ‘Barder’ event.
- Welch v Welch  EWHC 2622 (Fam)
Wife’s application for permission to appeal and to set aside financial remedies order on the basis, inter alia, of a number of matters she argued constituted Barder events with Husband’s cross-application for a civil restraint order against the wife.
- B (A Child)  EWCA Civ 974
Application to appeal an interim child arrangement order where the child made allegations against a parent. Appeal dismissed.
- DL v SL  EWHC 2621 (Fam)
Within the final hearing in this financial remedies application, Mostyn J considers the law concerning the presence of the media in court and whether the practice of ordering every ancillary relief matter to be heard in open court is compliant with PD27.10 of the FPR 2010.
- In the matter of HFEA 2008 (Cases A, B, C, D, E, F, G and H Declaration of Parentage)  EWHC 2602 (Fam)
Applications for declarations of parentage in accordance with section 55A of the Family Law Act 1986 where children had been born following donor insemination but statutory requirements had not been complied with as a result of failure by the relevant clinic. Declarations granted.
- Capehorn v Harris and Another  EWCA Civ 955
The Court of Appeal reversed a decision of the Central London County Court to impute common intention constructive trusts with respect to properties and companies held in the parties' respective sole names.
- Bagum v Hafiz and Another  EWCA Civ 801
Appeal in jointly owned property dispute as to whether the court has jurisdiction to order the transfer of one beneficiary’s interest to another and/or power to direct trustees of land to sell property to particular beneficiaries without the other co-owner’s consent.
- Re Z (A Child: Human Fertilisation and Embryology Act: Parental Order)  EWFC 73
Application by a father for a parental order under section 54 (1) of the Human Fertilisation and Embryology Act 2008 solely in his favour. Application dismissed on the basis that such an order is not available to a sole parent.
- RY v Southend Borough Council  EWHC 2509 (Fam)
Cross applications for an adoption order and the return of the subject child to local authority care pursuant to section 35(2) Adoption and Children Act 2002
- Joy v Joy-Morancho & Others (No 3)  EWHC 2507 (Fam)
Further judgment in long-running financial remedies proceedings in which the wife sought a lump sum of £27 million.
- London Borough of Tower Hamlets v B  EWHC 2491 (Fam)
Care proceedings brought by a local authority in respect of siblings who, it argued, were in danger of being radicalised.
- TW v Secretary of State for Work & Pensions and Another (Child support: variation/ departure directions: other)  UKUT 440
Child support variation appeal in which the Upper Tribunal considers the relationship between receipt of working tax credit and the ability of the Secretary of State / First-Tier Tribunal to agree a variation.
- Re Jake  EWHC 2442 (Fam)
Judgment by the President of the Family Division, giving reasons for making an urgent order concerning the medical treatment of Jake, a gravely ill ten-month old child.
- NT v Secretary of State for Work & Pensions (CSM) (Child support: variation: departure directions: other)  UKUT 422-2
Child support appeal challenging a decision to “vary” the appellant’s income by reference to his real property assets, on the basis it was not a just and equitable variation - s 28F Child Support Act 1991, regulation 18 CSM (Variation) Regulations 2000.
- Re D (Children)  EWCA Civ 749
Application by parents for permission to appeal against care and placement orders on the basis that the court had failed to properly determine whether the mother had litigation capacity at the time the proceedings were heard
- R (Translation of Documents in Proceedings)  EWFC B112
Judgment giving guidance in relation to the costs of translating documents for the purposes of care proceedings on behalf of publicly-funded parties.
- Surrey and Sussex Healthcare NHS Trust v Ms AB  EWCOP 50
Application by Surrey and Sussex Healthcare NHS Trust in the Court of Protection for permission that the respondent, Ms AB, undergo an above the knee amputation of her left leg.
- A (A Child)  EWCA Civ 910
The Court of Appeal considers a case of implacable hostility to contact on behalf of the child and the mother, despite no findings against the father, and upholds an order for no direct contact.
- PK v Mr & Mrs K  EWHC 2316 (Fam)
Application by a 14 year old young woman for the revocation of an adoption order and for the change of her surname to that of her biological mother. Application granted.
- Re L (A Child)  EWCA Civ 901
Mother’s appeal against care and placement orders in respect of her child (L) on the basis that the court did not have adequate assessment evidence and the Judge’s findings had been wrong.
- Taukacs v Taukaca  EWHC 2365 (Fam)
Hague Convention case in which best practice guidance given regarding need for particular care in wording of location orders
- B (A Child) (Habitual Residence) (Inherent Jurisdiction)  EWCA Civ 886
Appeal against an order dismissing the appellant’s application under the Children Act 1989 and the inherent jurisdiction of the High Court for contact with and a location order in respect of P, who had been removed lawfully to Pakistan. Appeal dismissed.
- CB (A Child)  EWCA Civ 888
Case attracting media attention about adoption of Latvian child; helpful ‘lessons’ set out by Munby P at the end of the judgment.
- Re F (A Child) (International Relocation Cases)  EWCA Civ 882
The Court of Appeal considers the correct interpretation of the jurisprudence on international relocation cases, approving an “holistic evaluative analysis”.
- Re E (children) (FGM protection orders)  EWHC 2275 (Fam)
Successful application for a FGM Protection Order
- Re M (A Child)  EWFC 71
Judgment by Munby P on the entitlement to legal aid funding of a parent who is seeking a review of findings of fact in public law children proceedings.
- H v Dent & Others  EWHC 2228 (Fam)
Application for costs following unsuccessful committal proceedings brought by a father who was involved in private law Children Act proceedings.
- X (Children) and Y (Children) (No 2)  EWHC 2358 (Fam)
Supplemental judgment to that in X (Children) and Y (Children)  EWHC 2265 (Fam) concerning the security measures to be implemented in order to reduce the risk of flight by the families concerned.
- Re D (A Child)  EWCA Civ 829
Father’s appeal against an order dismissing his application for a child arrangements order for contact to his son
- Birch v Birch  EWCA Civ 833
Wife’s appeal to vary the terms of an undertaking embodied in a financial provision order made by consent in 2010
- X (Children) and Y (Children)  EWHC 2265 (Fam)
Judgment by the President of the Family Division concerning two cases in which it was alleged that families had attempted to travel to Syria, the main issue in each case being whether the children should remain in the care of the respective local authorities in the interim pending final decisions being made by the court.
- Re NH (1996 Child Protection Convention Habitual Residence)  EWHC 2299 (Fam)
Judgment as to whether the English courts have jurisdiction to hear applications for orders under the inherent jurisdiction and/or a public law order under Part IV of the Children Act 1989 where the it is not possible to establish the subject child's habitual residence.
- W-J (Children)  EWCA Civ 788
Appeal against interim care order on plan for separation of mother and child. Issues raised in respect of adjournment to explore available options and use of injunctive relief under the Human Rights Act 1998
- Ilott v Mitson & Others  EWCA Civ 797
Claim pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 by the estranged daughter of the deceased whose will made no provision for the daughter
- Re P (A Child)  EWCA Civ 777
Appeal by mother against order refusing her permission to oppose the making of an adoption order in respect of her child, aged 19 months at the time of the hearing, on the basis that the judge was wrong in finding that the mother had not shown sufficient change to satisfy s 47(7) of the Adoption and Children Act 2002. Appeal dismissed.
- R v R  EWCA Civ 796
Appeal as to whether an order for the husband to pay interim maintenance to the wife circumvented Ukrainian sanctions legislation to which the husband is subject. Appeal dismissed.
- Re W (Adoption Application: Reunification with Family of Origin)  EWHC 2039 (Fam)
Hearing following Court of Appeal setting aside care and placement orders. Adoption order not granted and child returned to live with biological parent and siblings.
- WA v Executors of the Estate of HA & Others  EWHC 2233 (Fam)
“Fabulously wealthy” Wife’s appeal against a consent order for financial provision on the basis that the Husband’s suicide 22 days after the making of the order constituted a Barder event. Appeal allowed and the lump sum reduced from £17.34 million to £5 million
- G (Child)  EWCA Civ 834
Successful appeal of findings made following a finding of fact hearing within private law proceedings where the judge hearing the matter was deemed to have intervened to the extent of prejudicing the exploration of the evidence.
- KG v LG (No 2)  EWFC 64
Appeal by wife against a consent order in financial remedy proceedings on the grounds of material non-disclosure. Appeal allowed.
- London Borough of Redbridge v SNA  EWHC 2140 (Fam)
Application by local authority to invoke the inherent jurisdiction of the High Court to protect young people in the borough from a male who was perceived to present a sexual risk. Application dismissed (and undertakings given discharged) because the protection of unknown children is beyond the scope of the inherent jurisdiction.
- Re PD  EWCOP 48
Court of Protection judgment in which Baker J decided that enforcement and recognition of foreign orders for deprivation of liberty under Schedule 3 to the Mental Capacity Act 2005 can be made without joinder of the subject adult as a party where that adult had been a party in the substantive foreign proceedings
- Y (A Minor: Wardship)  EWHC 2099 (Fam)
Continuation of Wardship due to significant concerns that a child would be influenced to wage jihad in Syria
- Y (A Minor: Wardship)  EWHC 2098 (Fam)
Wardship proceedings to protect a child who may be vulnerable to family influences to wage jihad in Syria
- A and B (No 2 - Parental Order)  EWHC 2080 (Fam)
Decision of Theis J following a joint application for a parental order. The parental order was made; the judgment includes a discussion of the relevant criteria in s.54 Human Fertilisation and Embryology Act 2008 (“HFEA 200”) and the decision in Re X (A Child) (Surrogacy: Time Limits)  EWHC 3135 (the application having been made after the six month time limit).
- A and B (No 1 - Fact finding judgment)  EWHC 1059 (Fam)
Decision of Theis J following a fact finding hearing in the context of an application for a parental order for two children born pursuant to a surrogacy arrangement.
- Re K (1980 Hague Convention) (Lithuania)  EWCA Civ 720
Mother’s appeal from Hogg J order for the return E, 11, to Lithuania forthwith pursuant to the 1980 Hague Convention despite the mother’s assertions that the case fell within the exceptions contained in Article 13 of the Convention
- A-S (Children)  EWCA Civ 748
Appeal by mother against a finding that she deliberately drowned her 7 month old child. Appeal dismissed.
- GW v MW  EWFC 56
Application by father to enforce a contact order and consideration of where the subject children were habitually resident and whether the court had jurisdiction
- Re D (Children)  EWCA Civ 703
Application for permission to appeal and if granted, to appeal, the dismissal of a mother’s application for leave to oppose an adoption order
- Re S-B (Children)  EWCA Civ 705
Mother’s appeal against a child arrangements order which had provided for indirect contact and a s.91(14) Children Act 1989 order
- Guerroudj v Rymarczyk  EWCA Civ 743
Appeal against decision to revisit an earlier determination of the parties' cross-applications for a transfer of tenancy under s 53 / Schedule 7 Family Law Act 1996. Appeal dismissed.
- Curran v Collins  EWCA Civ 404
Appeal by a former cohabitant seeking to establish a beneficial interest in properties held in her ex-partner’s sole name
- T (A Child: Suspension of Contact: Section 91(14) CA 1989)  EWCA Civ 719
Appeal by father against an order suspending all contact between him and the parties' child and against the making of a section 91(14) order. Appeal allowed.
- Re S (A Child)  EWCA Civ 689
Appeal against an order that the father should have indirect contact only with the parties' child after the CAFCASS officer had recommended direct contact to be supervised indefinitely. Appeal allowed and the matter remitted for rehearing.
- Derby City Council v SK and Others  EWFC 57
Judgment to determine jurisdiction in public law proceedings involving a Polish family.
- Re A and B (Children) (Surrogacy: Parental Orders: Time Limits)  EWHC 911 (Fam)
Consideration as to whether the six month time limit, under s.54(3) of the Human Fertilisation and Embryology Act 2008, should be extended to enable the making of parental orders
- Re L (A Child) (Jurisdiction: Private Fostering)  EWHC 1617 (Fam)
Care proceedings in which it was determined that the child L was habitually resident in England and the court declined to transfer the proceedings to Romania under Article 15 of Brussels IIR
- WW v HW  EWHC 1844 (Fam)
Judgment in high value financial remedies case in which the wife came to the marriage with significant assets and there was a pre-nuptial agreement between the parties – a “paradigm” case demonstrating “the need for more certainty in the law of financial remedies and nuptial agreements”.
- Re S (A Child)  EWCA Civ 649
Appeal by father against orders granting adoption in favour of a step-father and terminating the child’s contact with his father. Appeal allowed because the procedure was flawed, and matter remitted for rehearing by a different judge.
- JB v MB  EWHC 1846 (Fam)
Final hearing of financial remedies application – 7 year delay between separation and application for financial remedies – consideration of post-separation increase in the value of husband’s shareholding in a company
- Re R (A Child)  EWCA Civ 674
Appeal by father in care proceedings against a determination that the child had been habitually resident in England and Wales throughout her life. Appeal dismissed.
- Prest v Prest  EWCA Civ 714
Appeal by husband against judgment summons under section 5 of the Debtors Act 1869, granted in respect of non-payment of maintenance arrears. Appeal dismissed.
- K v D (Parental Conflict)  EWFC 49
Judgment following final hearing in acrimonious private law Children Act proceedings concerning two children.
- AC v SC  EWFC B76
Husband’s appeal against the decision of a District Judge in financial remedy proceedings where the District Judge had failed to take into account the agreement that had been reached at the FDR on the term of the maintenance order
- Birmingham City Council v Sarfraz Riaz and Others  EWHC 1857 (Fam)
Balancing of Article 8 and Article 10 rights in the context of whether a lifelong reporting restriction order should be granted to a victim of child sexual exploitation. Lifelong reporting restriction order granted.
- JM v MM  EWFC B74
HHJ Wildblood QC gave permission to appeal a District Judge’s order in financial remedy proceedings and ordered a rehearing in relation to capital and periodical payments
- Re A (Foreign Surrogacy: South Africa)  EWHC 1756 (Fam)
Application for a Parental Order by H and M, in respect of a seven month old child (A) born in South Africa
- Re LG (A Child)  EWFC 52
Successful application by a father for leave to oppose an adoption order
- Re T (Children)  EWCA Civ 606
Judgment in an appeal in care proceedings considering the impact of delay of six months between final hearing and judgment.
- Re S and T (Children)  EWHC 1753 (Fam)
Judgment in proceedings concerning application under the Adoption and Children Act 2002, section 84, in which the applicants asked the court to dispense with the father's consent on the ground that the welfare of the children required it.
- RC (Mother) v AB (Father)  EWHC 1693 (Fam)1693
Application by a mother to relocate permanently with the parties' 8 year old son to Angola.
- Re X (Court of Protection Practice)  EWCA Civ 599
Appeal from two judgments of the President concerning the practice and procedure to be adopted in applications to the Court of Protection in deprivation of liberty cases.
- R (on the application of IM and MM) v HFEA  EWHC 1706 (Admin)
Judgment in proceedings challenging the decision by the HFEA to refuse permission to allow export and use of female gametes after death of the donor. Issues of consent, correct use of powers and engagement of Article 8.
- Re M'P-P (Children)  EWCA Civ 584
Appeal in care/adoption proceedings from the decision of a circuit judge to place the two young children with their paternal aunt (who had only met them once previously) rather than with the single local authority foster carer with whom the children had both lived from the very early stages of their lives and who wished to become their adoptive parent.
- Bournemouth Borough Council v PS and Anor  EWCOP 39
Judgment in the Court of Protection considering what constitutes a deprivation of liberty.
- Fields v Fields  EWHC 1670 (Fam)
Judgment in respect of wife's application for financial remedy following the parties’ nine and a half year relationship, comprising one year of pre-marital cohabitation and eight and a half years of marriage which, the judge said, “cannot be characterised as a short marriage”.
- Davison v Davison  EWCA Civ 587
Appeal by wife against discrete issue of interpretation concerning tax liabilities arising out of the judgment and subsequent order in financial remedy proceedings.
- Re H (Children)  EWCA Civ 583
Judgment in the Court of Appeal as to what regard, if any, should be had by a judge, when considering an application to extend the time for appealing in a family case relating to children, to the overall merits of the proposed appeal.
- Re C (A Child) (Procedural Requirements of a Part 25 Application)  EWCA Civ 539
Appeal allowed against direction for psychological assessment where the application was not part 25 FPR 2010 compliant and was in some respects ‘unlawful’
- Re J (A Child)  EWHC 1627 (Fam)
Judgment of the President of the Family Division in a Hague Convention case in which he had made a without notice order on 29 May 2015, in circumstances where unbeknown to him, a stay of execution had previously been extended until 12 June 2015
- Re A (A child - Wardship - Fact finding - Domestic Violence)  EWHC 1598 (Fam)
Domestic violence fact finding – findings made that the father was physically abusive towards the mother.
- M v M  EWFC B63
Judgment considering the impact of a potentially substantial reduction in a party’s life expectancy on financial remedy proceedings.
- Liaw v Lee (Non-recognition of divorce)  EWHC 1462 (Fam)
Mostyn J refused recognition under s 51 (3) Family Law Act 1986 of a Malaysian decree nisi and absolute of divorce made following a husband having filed a "knowingly false" and secret petition in Malaysia.
- Re A (A Child - Application for leave to apply for a child arrangements order)  EWFC 47
Application for leave to apply for a child arrangements order
- Newcastle City Council v WM & Others  EWFC 42
Judgment in care proceedings concerning three children in which Cobb J highlights a number of procedural and professional failings on the part of professionals involved in the case.
- G v G  EWHC 1512 (Fam)
Application by a former wife in financial remedy proceedings seeking orders preventing her former husband’s legal team (leading and junior counsel, and solicitors) from continuing to act for him at a forthcoming hearing
- Re SO  EWHC 935 (Fam)
Judgment concerning the power of the court to extend protective injunctive orders made in wardship proceedings beyond a child’s 18th birthday where the child was habitually resident outside England and Wales.
- Gadhavi v Gadhavi  EWCA Civ 520
Financial remedy proceedings appeal involving a Thomas v Thomas argument as to judicial pressure that can be put on donees and a judicial decision as to the value of a property
- Re K and H (Children )  EWCA Civ 543
Appeal by the Lord Chancellor against an order requiring HMCTS to fund legal representation for a father seeking contact and challenging the underlying proposition that the Court has power to order the Lord Chancellor to provide for legal representation outside the legal aid scheme of LASPO
- In the Matter of M Children  EWHC 1433 Fam
Judgment relating to wardship and reporting restriction orders made in respect of children of a family alleged to be travelling to Syria to join the Islamic State
- Re Baggaley  EWHC 1496 Fam
The President considers the jurisdiction for making Civil Restraint Orders against a McKenzie friend
- Arbili v Arbili  EWCA Civ 542
Financial remedy proceedings appeal involving an argument as to the wrongful exercise of judicial discretion and a further reiteration of the Imerman guidance on documents illegally obtained from the other party
- A (A Child)  EWCA Civ 486
Mother’s appeal against a child arrangements order for supervised contact following the making of ‘serious findings’ of fact against the father - appeal dismissed
- AR v RN (Scotland)  UKSC 35
Supreme Court judgment determining whether to order the return to France of two children who had been living with their mother in Scotland since 2013 but who had been born in France and lived there prior to their move to Scotland
- C (A Child)  EWCA Civ 500
Appeal by mother seeking publication of an anonymised judgment from private law children proceedings. Appeal dismissed. Court of Appeal careful not to enlarge upon or contradict the careful wording of the President's Practice Guidance on the issue.
- N v D (Customary Marriage)  EWFC 28
Court finds customary Nigerian marriage ceremony proved on facts, and rules that this gave rise to a valid marriage in English law
- Re H (A child) (Temporary Leave to Remove Turkey) (Enforcement of Child Arrangements Order)  EWFC 39
Application for temporary leave to remove child to Iran withdrawn and for temporary leave to remove child to Turkey granted with safeguards
- P (Children)  EWCA Civ 466
Appeal by a mother against a child arrangements order for unsupervised contact made in the context of a history of domestic violence and against a family assistance order made without prior consultation of the recipient local authority. Appeal allowed.
- S (A Child)  EWCA Civ 489
Mother’s appeal against the making of a placement order to enable further assessment of her parenting capabilities dismissed
- T (Children)  EWCA Civ 453
Appeal by grandparents against the making of an interim care order removing children from family members. Appeal dismissed.
- Re D (Children)  EWCA Civ 409
Appeal of care and placement orders involving consideration of procedural fairness, need for compliance with FPR 2010 Part 30 and whether there is a freestanding obligation on the court to consider children giving evidence.
- Re BK-S (Children) (Expert evidence and probability)  EWCA Civ 442
Appeal by mother in public law proceedings against finding of fact that she had administered an anti-psychotic drug to her child. Expert evidence considered. Appeal dismissed.
- MN (Adult)  EWCA Civ 411
Guidance from the President in respect of the Court of Protection’s powers to impose a care plan upon a reluctant local authority.
- P v P  EWCA Civ 447
Appeal by the trustees of a post-nuptial settlement against an order which varied the settlement to provide financial relief to the wife following divorce. Appeal dismissed.
- H v S (Surrogacy Agreement)  EWFC 36
Judgment arising from cross-applications for a residence order and contact order (as they were then called) in respect of a child conceived following an agreement whose terms were highly contested.
- Curran v Collins  EWCA Civ 404
Appeal against decision at first instance that the appellant did not have a beneficial interest in property and was not a partner in a kennelling business. Appeal dismissed and Eves v Eves distinguished.
- Critchell v Critchell  EWCA Civ 436
Judgment in financial remedy proceedings in which the Court of Appeal restated the application of the principle in Barder v Barder (Caluori intervening)  2 FLR 480.
- H (A Child) (Analysis of Realistic Options and SGOs)  EWCA Civ 406
Appeal against special guardianship order. Appeal allowed and directions given for the future conduct of the proceedings, including evidential and witness requirements.
- Re W (Children)  EWCA Civ 403
Father’s successful appeal against adoption orders and dismissal of his contact application - the applications were remitted to be heard by a different judge
- K v K  EWHC 1064 (Fam)
President makes s.91(14) Children Act 1989 and Grepe v Loam orders against litigant in person.
- Re H-B  EWCA Civ 389
Appeal against an order allowing only indirect contact between the father and his two daughters aged 16 and 14; and a s 91(14) CA 1989 prohibition for two years.
- Re E-R (A Child)  EWCA Civ 405
Appeal against a child arrangements order which provided that a child should live with her father following her mother’s death. The appellants were the mother who was terminally ill (and died before the hearing of the appeal), and her friends who had been caring for her and the child and whom the mother had appointed as testamentary guardians.
- Bromfield v Bromfield  UKPC 19
Appeal to the Judicial Committee of the Privy Council by wife in financial remedy proceedings in Jamaica in which the court had dismissed her application under the Married Women's Property Act and ordered a lump sum payment by her husband.
- R (AM) v London Borough of Havering and Another  EWHC 1004 (Admin)
Judgment in proceedings to determine, inter alia, which children's services authority should be responsible for assessing and meeting the needs of dependent children from a homeless household where the duties of a local housing authority towards that homeless household are coming to an end and that family has been placed in another authority's area.
- ABC v PM and Another  EWFC 32
Section 37 MCA 1973 - setting aside of reviewable dispositions – legal fees - appeal by husband’s solicitors of order setting aside a charge executed in their favour over the former matrimonial home
- MA v SK  EWHC 887 (Fam)
Judgment in proceedings following divorce in which the wife applied for orders regarding a property in London. A company (established and part-owned by the husband) applied against the wife for possession of that property. The judge transferred the property to the wife and dismissed the company’s application for possession.
- CS v ACS and Another  EWHC 1005 (Fam)
Judgment by the President of the Family Division ruling that para 14.1 of PD30A FPR 2010 which states that an appeal is the only way in which a consent order may be challenged is ultra vires.
- K (A Child)  EWCA 352
Appeal against determinations arising from the approach taken by the High Court in respect of issues of forum conveniens and welfare
- S (A Child)  EWCA Civ 325
Appeal by paternal grandmother of a child based upon the assumption that the judge at first instance had not regarded the grandmother's claim to be the child's long term carer as being unrealistic in the context of Re B-S. Appeal allowed.
- U (Children)  EWCA Civ 334
Appeal by father against the refusal to adjourn an application for a re-hearing of care proceedings in which care orders were made in respect of four children and placement orders in respect of two of them.
- J (A Child) (1996 Hague Convention) (Morocco)  EWCA Civ 329
Appeal by a mother against an order for the return of her 8 year old child to Morocco. Appeal allowed, the original order set aside and substituted with an order dismissing the father’s application.
- Dellal v Dellal and Others  EWHC 907 (Fam)
Judgment arising from an application for strike out and/or summary judgment in relation to a claim under the Inheritance (Provision for Family and Dependants) Act 1975, providing consideration of Vince v Wyatt  UKSC 14 on the limits of strike out and analysis of the requirements in cases with international elements at the early stages of proceedings.
- Trust A v X and Others  EWHC 922 (Fam)
Judgment of Mr Justice Keehan in which he found that the residential placement in hospital of a 15 year-old boy with behavioural disabilities constituted a deprivation of liberty, but concluded that his parents’ consent to the placement was a proper exercise of their parental responsibility.
- London Borough of Tower Hamlets v M & Others  EWHC 869 (Fam)
Ex parte applications by local authorities to prevent travel to ISIS countries. Conduct of such applications and the importance of co-operation between agencies.
- Hopkins v Hopkins  EWHC 812 (Fam)
2010 post-nuptial agreement largely upheld on grounds of fairness after wife’s case of vitiation by duress rejected
- In the Matter of B and G (Children) (No 3)  EWFC 27
Consideration of threshold and subsequent appropriate orders within public law proceedings
- Re B (Child) (Relocation: Sweden)  EWCA Civ 286
Appeal against an order permitting relocation of a five year old girl to Sweden
- In the Matter of S (A Child)  UKSC 20
Appeal by local authority to Supreme Court against an order that the local authority should pay the appeal costs of a successful appellant in care proceedings. Appeal allowed and costs order set aside.
- V (A Child)  EWCA Civ 274
Appeal by a father following a fact-finding hearing in private law children proceedings.
- W City Council v Mrs L (By her Litigation Friend PC)  EWCOP 20
Judgment in Court of Protection proceedings concerning a 93 year old woman with severe dementia as to (a) whether the care arrangements for her constitute a deprivation of her liberty; (b) if so, whether the State is responsible for such deprivation of liberty; and (c) if so, then whether such deprivation of liberty should be authorised by the court and what the arrangements for continuing authorisation should be. Held that there is no deprivation of liberty.
- Re P and Q (Children - Care Proceedings - Fact Finding)  EWFC 26
Fact finding in care proceedings.
- SR (A Child: Habitual Residence)  EWHC 742 (Fam)
Application to determine habitual residence of a child subject to care proceedings
- Re C (A Child)  EWCA Civ 221
Appeal against care and placement orders where the first instance judge had had to determine the level of the risk posed to the mother and child by the father, who is the subject of a s41 Mental Health Act hospital order, and whether the risk could be managed.
- Re J (A Child)  EWCA Civ 222
Appeal by a mother against care and placement orders. Appeal allowed and case remitted for rehearing. Court of Appeal endorses the President’s judgment in Re A
- A Healthcare NHS Trust v P & Q  EWCOP15
Judgment setting out guidance in relation to the procedure to be taken on applications for reporting restriction orders in the Court of Protection.
- London Borough of Brent v K  EWHC 658 (Fam)
Judgment criticising arrangements for placement and transportation in respect of a collection order.
- FAS v Bradford Metropolitan District Council and Another  EWHC 622 (Fam)
Application for an adoption order in respect of an 18 year old when the primary purpose of such an order was the grant of citizenship. Application refused
- R and S v T (Surrogacy: Service, Consent and Payments)  EWFC 22
Application for a parental order concerning twin boys born in Ukraine following a commercial surrogacy arrangement.
- MAP v MFP  EWHC 627 (Fam)
Judgment in a big money case oncerning a very successful family business in which Moor J decided not to award an add-back in relation to dissoipated funds.
- Wright v Wright  EWCA Civ 201
Pitchford LJ’s refusal of permission to appeal HHJ Roberts’ decision varying a wife’s maintenance down.
- Re P (A Child)  EWCA Civ 170
Appeal by a father (who has a longstanding psychiatric diagnosis of bi-polar affective disorder) against a reduction in contact between himself and his daughter and against the imposition of a s.91(14) bar on further applications. Appeal dismissed.
- Re R (Children)  EWCA Civ 167
Appeal to consider the refusal to allow a child to give oral evidence in support of her father regarding serous disputed allegations in child care case.
- MG and JG v JF  EWHC 564 (Fam)
Application for a costs allowance under Schedule 1 to the Children Act 1989 to fund representation and experts fees in a private children dispute. Application granted.
- D v D  EWCA Civ 181
The Court of Appeal set aside the decision to strike out the husband’s appeal in a financial remedies proceedings on the basis that it was wrong in principle and on the facts of the case
- Wyatt v Vince  UKSC 14
Appeal by former wife against the striking out of her claim for financial relief 18 years after the grant of the decree absolute. Appeal allowed and costs allowance order in favour of wife restored.
- S (A Child) (No 2)  EWFC 20
Judgment following a retrial of care and placement proceedings highlighting various instances of poor practice.
- S (A Child) (No 1)  EWFC 19
Judgment by the President of the Family Division following a retrial of an application by a local authority for care and placement orders.
- JL v SL (No 3)  EWHC 555 (Fam)
Third judgment in financial remedy proceedings in which Mostyn J rejects an application for post-judgment relief.
- B v B  EWHC 210 (Fam)
Appeal by husband against an order in financial remedy proceedings that a lump sum or series of lump sums should be paid to the wife as and when the husband’s shareholding was realised. Appeal dismissed.
- HU v SU  EWFC 18
Fact finding hearing concerning four children, in which a wasted costs order was made against the mother's solicitors.
- Re R (A Child - Relocation)  EWHC 456 (Fam)
Consideration of a mother’s application to relocate the child to Hong Kong. Application refused.
- N v N  EWHC 514
Successful appeal by wife against the strike out of a variation of maintenance application for abuse of process and of enforcement of child maintenance arrears for offending principle of res judicata.
- Joy v Joy  EWHC 455 (Fam)
Return hearing of wife’s without notice application for a freezing order in respect of her husband's vintage Bentley motorcar. Sir Peter Singer directed that the Bentley be placed in the custody of W’s agents to be transported to England and kept here pending the outcome of applications relating to previous MPS and legal services orders.
- B v C (Surrogacy - Adoption)  EWFC 17
Application for an adoption order in respect of the child A by his biological father B where B had entered into a surrogacy arrangement with his own mother. Order granted.
- A (A Child)  EWCA Civ 162-1
Appeal by local authority against the dismissal of its applications for a care order and placement for adoption order. Appeal dismissed.
- Re A and B (Prohibited Steps Order at Dispute Resolution Appointment)  EWFC B16
Appeal by father against prohibited steps orders requiring him to refrain from involving children in political activities. Appeal allowed and matter sent for rehearing.
- Re L (A Child)  EWFC 15
Judgment from the President of the Family Division, reminding practitioners of the importance of following Practice Direction 27A in respect of the preparation of Court bundles.
- Re H (Children)  EWCA Civ 115
Appeal in public law children proceedings, by father whose main arguments revolved around the judge’s treatment of the evidence of a clinical psychologist which he said had been allowed to assume disproportionate importance. Appeal dismissed.
- Re A (A Child)  EWHC 443 (Fam)
Application by NHS foundation trust fordeclarations in relation to a child who has been declared clinically dead but remained ventilated. Consideration as to the respective jurisdictions of the coroner and the High Court.
- A (Children)  EWCA Civ 133
Successful appeal from a peremptory dismissal of an application for DNA testing by a 13 year old child on the basis she had been deprived of a fair hearing
- G (A Child)  EWCA Civ 119
Appeal by the mother against a decision to refuse her leave to apply to revoke a placement order. Appeal allowed and matter remitted to be heard by a different judge
- Lindner v Rawlins  EWCA Civ 61
Appeal by husband against refusal to order police disclosure in contested divorce proceedings. Appeal dismissed.
- The Prospective Adopters v FB and Others  EWHC 297 (Fam)
High Court application for an adoption order opposed by both parents and an older sibling in which post adoptive contact also at issue
- The Mental Health Trust & Ors v DD & Another  EWCOP 4
Application by mental health trust, acute trust and council to perform a therapeutic sterilisation on a patient lacking capacity without informing her of the date of the intervention, and to enter her home forcibly if necessary to take her to the hospital. Permission granted.
- Re A (A Child)  EWFC 11
The President reminds practitioners of the importance of three fundamental principles within s.31 applications
- Re A (A Child)  EWFC 9
Fact-finding hearing in care proceedings concerning a child, where her sibling had been killed by the mother's boyfriend.
- AB v CD (Surrogacy - Time Limit and Consent)  EWFC 12
Judgment arising from application for parental orders in respect of twins where the surrogate mother had not had notice of the application, there was uncertainty as to whether the surrogate was married at the time of the embryo transfer and the application was made over 3 years after the birth of the children.
- Graham-York v York  EWCA Civ 72
The Court of Appeal considers beneficial interests in a property held in the sole name of one cohabitee post Jones v Kernott, the “whole course of dealing” being held to be in relation to the property only, and considers the equity of exoneration in respect of the mortgage secured upon the property
- Re SSM (A Child ) EWHC 327 (Fam)
Application by father for leave to oppose an adoption order, made pursuant to section 47(5) of the Adoption and Children Act 2002. Application refused and adoption order made.
- Wigan Council v M & Others (Veracity Assessment)  EWFC 8
Judgment arising from a fact-finding hearing and concerning expert evidence in family proceedings relating to (i) the capacity of a witness to give evidence and (ii) the witness's veracity.
- Sanchez v Oboz and Oboz  EWHC 235 (Fam)
Application by mother for orders for the committal to prison of the father and paternal grandmother following alleged breaches of orders made within wardship proceedings for the return of 3 year old daughter, wrongfully retained in Poland. Found that the father had breached two orders but adjourned sentencing to a further hearing alongside determination of the alleged breaches by the paternal grandmother.
- Lancashire County Council v T (Flight to Ireland)  EWFC 51
Judgment following a hearing to reconsider an existing interim order for five children to be returned from Ireland to foster care in England where independent evidence indicated that it was not necessary for the children to return.
- IS (A Minor) v DBS & Another  EWHC 219 (Fam)
Judgment in proceedings concerning the parties' 14 year old child, who is a ward of court in England, where there have also been proceedings in Israel.
- AB v JB (EU Maintenance Regulation: modification application procedure)  EWHC 192 (Fam)
Judgment concerning whether a Form A issued on behalf of a husband in a county court (before the Family Court was constituted) validly seises that court with competent power to make an application for a periodical payments order.
- X & Another v Z (Children) & Another  EWCA Civ 34
Appeal against a decision of the President to permit disclosure of DNA profiles, obtained under PACE during a criminal investigation by the police, for the purposes of establishing paternity in care proceedings
- U-B (A Child)  EWCA Civ 60
Appeal by a mother against a decision to refuse to order a 14 year old be summarily returned to Spain under the 1980 Hague Convention. Appeal dismissed
- Northamptonshire County Council v AS and Others  EWHC 199
Care proceedings. Local authority to pay damages of £17,000 to a child, the mother and the paternal grandparents under breaches of Article 6 and Article 8 Convention rights.
- NG v Sec of State for Works & Pensions and Another (Child support: receipt of benefit) (CSM)  UKUT 20 AAC
Successful appeal brought by a father concerning the interplay between child benefit and liability for child support
- Arif v Anwar  EWHC 124 (Fam)
A case involving the claim of a beneficial interest in a property by a third party and further sums owed to that third party, against a backdrop of a voluntary bankruptcy and financial remedy proceedings
- Re S-W (children)  EWCA Civ 27
Appeal by mother against the making of final care orders where there had not been a full hearing. Appeal allowed.
- In the matter of Capita Translation and Interpreting Limited  EWFC 5
Application to the High Court for Capita Translation (a non party) to pay costs arising from hearings for which it had failed to provided interpreters
- Re M (Republic of Ireland) (Child's Objections) (Joinder of Children as Parties to Appeal)  EWCA Civ 26
Appeal in Hague Convention proceedings considering the children's objections exception and the joinder of children as parties to an appeal.
- S v G  EWFC 4
Judgment arising from cross-applications concerning a 2 year old boy by which a mother sought permission to relocate to Russia and the father sought sole, or alternatively equal, care of the child in England. Mother's application granted.
- D (A Child) (No 2)  EWFC 2
Judgment in care and placement proceedings focusing on the difficulties faced by the parents in obtaining legal aid.
- In the matter of B and G (Children) (No 2)  EWFC 3
Care proceedings in which the important issue was whether a girl had been subjected to Type IV Female Genital Mutilation (FGM), and if she had, what the implications of that were in relation to planning for her and her brother’s future. The local authority was unable on evidence to establish that G either has been or is at risk of being subjected to any form of FGM.
- Re K and H (Children - unrepresented father - cross-examination of child)  EWFC 1
The court orders HMCTS to pay the costs of legal representation for a litigant in person who falls outside the scope of legal aid for the purpose of cross-examination of a child who made serious allegations against that litigant
- Re S (A Child) (Habitual Residence and Child's Objections) (Brazil)  EWCA Civ 2
Appeal against orders in proceedings under the Hague Convention 1980 and the inherent jurisdiction of the High Court, refusing the return of a child to Brazil, focusing on (1) the question of the child's habitual residence and (2) whether she should be returned to Brazil notwithstanding her objections. Appeal dismissed.