Home > Judgments > 2016 archive
- T v E (Refusal to Order Return)  EWHC 3148
Father's unsuccessful application for the summary return of the child to Turkey, on the basis of a defence under Article 13(b).
- Re F (Children)  EWCA Civ 1253
Unsuccessful appeal against an order, made in proceedings under the 1980 Hague Convention, setting aside orders for the return of the parties' three children to Hungary.
- Scatliffe v Scatliffe (British Virgin Islands)  UKPC 36
An ex-husband’s unsuccessful appeal to the Privy Council against an order for ancillary relief made by the High Court of the Eastern Caribbean Supreme Court (British Virgin Islands) and upheld in large part by the Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands).
- RD & Others (Duties and Powers of Relevant Person's Representatives and Section 39D IMCAS)  EWCOP 49
Judgment in five joined test cases as to how relevant person's representatives (RPRs) and s.39D IMCAs should decide whether to bring an application to the Court of Protection under s.21A of the Mental Capacity Act 2005 to challenge a standard authorisation under Schedule A1.
- PF v CF  EWHC 3117 (Fam)
Application by husband for permission to appeal a non-molestation order and occupation order. Application refused.
- T (A Child)  EWCA Civ 1210
Successful appeal of case management decision to dispense with the need for a fact finding hearing in the context of a private law children dispute.
- Devon County Council v Kirk  EWCA Civ 1221
Successful appeal against a six-month prison sentence for contempt of court imposed in the Court of Protection.
- Re W (Adoption - Contact)  EWHC 3118 (Fam)
Cross-applications by the prospective adopters for an adoption order in respect of A, a two and a half year old girl, and an application by A's paternal grandparents, (pursuant to permission) for a Special Guardianship Order.
- Re N (A Child)  EWHC 3085 (Fam)
Application for a declaration of recognition of an adoption which was formalised in India in 2011, and an application for an adoption order under the Adoption and Children Act 2002, the Secretary of State for the Home Department being joined as a respondent to the proceedings.
- Z (A Child) (Egyptian fostering UK adoption)  EWHC 2963 (Fam)
Judgment arising from an application for an adoption order in respect of Z, a girl who is now six, who was born in Egypt on or about 29th October 2010 to unknown parents and was found abandoned.
- Goddard-Watts v Goddard-Watts  EWHC 3000 (Fam)
Re-hearing of financial remedies application following non-disclosure, court proceeding to build upon fairness of previous award rather than start with a ‘blank slate.’
- X (No 2. Declaration that X has capacity)  EWCOP 50
Judgment of Mr Justice Holman sitting in the Court of Protection concerning the capacity of P in relation to proceedings concerning the package of care required to enable him to live at home.
- Robert v Woodall  EWHC 2987 (ch)
Dismissal of an oral renewal by a Trustee in Bankruptcy appealing the strike out of a claim under sections 23 and 24 of the Matrimonial Causes Act 1973.
- P (A Child)  EWCA Civ 1127
Application for permission to appeal out of time with appeal to follow in relation to: (i) the summary dismissal of the mother’s application for a section 34 contact order; and, (ii) the making of a section 91(14) order.
- Re AD and AM (Fact-finding: Rehearing)  EWHC 2912 (Fam)
Re-hearing in relation to a 2013 fact-finding, which had concluded that a mother had caused life-threatening injuries to her son and that these were non-accidental. Cobb J sets out the core principles of a re-hearing.
- L (Children)  EWCA Civ 1110
The Court of Appeal revisits the subject of interim care orders made in the context of longstanding neglect.
- H-C (Finding of Fact: Rehearing)  EWFC 48
Finding of deliberate smothering of an infant set aside on appeal followed by a rehearing which concluded the local authority failed to establish the fact of deliberate smothering.
- H (Children)  EWCA Civ 1131
Appeal by mother against placement orders in respect of her three youngest children on the grounds that that judge’s approach was not Re B-S compliant. Appeal allowed and remitted for rehearing.
- An NHS Foundation Trust v T  EWHC 2980 (Fam)
Decision of Mr Justice Peter Jackson in relation to an application for declarations in respect of treatment, including the administration of blood products, to a two year old boy, T, whose parents are Jehovah's Witnesses.
- Akester v Fitzgerald  EWHC 2961 (Fam)
Judgment in respect of a litigant in person arising from applications to stay execution of an order in financial remedy proceedings and for revocation of orders in the Court of Protection. Applications dismissed.
- Re JS (Disposal of Body)  EWHC 2859 (Fam)
Judgment by Peter Jackson J concerning an application by a 14-year old girl suffering from a rare form of terminal cancer for orders to secure her wish to be cryo-preserved upon death.
- Re W (A Child)  EWCA Civ 1140
Appeal considering whether a witness in family proceedings, who is the subject of adverse judicial findings and criticism, and who asserts that the process in the lower court was so unfair as to amount to a breach of his/her rights to a personal and private life under ECHR Art 8, can challenge the judge's findings on appeal; and, if so, on what basis and, if a breach of Article 8 is found, what the appropriate remedy is.
- R (on the application of Cunningham) v Hertfordshire County Council & Another  EWCA Civ 1108
Appeal against dismissal of a claim for judicial review concerning the provision of support for a looked after child.
- Re Clarke  EWCOP 46
Judgment as to whether the court had jurisdiction in respect of the welfare of an elderly woman who had lived abroad for several years. Applying Al-Jeffery  EWHC 2151 (Fam) , Jackson J determined that the inherent jurisdiction of the High Court was applicable.
- AS v TH (No 2) (Jurisdiction to Make Final Orders)  EWHC 2825 (Fam)
Judgment of MacDonald J concerning the court’s jurisdiction to make final child arrangement orders in respect of two children.
- P v A Local Authority  EWHC 2779 (Fam)
Judgment as to whether the Legal Aid Agency's statutory charge in respect of costs incurred in wardship proceedings attached to damages arising from a subsequent claim for breach of human rights.
- Re T-B-N (Children)  EWCA Civ 1098
Appeal against substantial findings of fact in care proceedings.
- Re J (A Minor) (application for permission to Appeal)  EWHC 2766 (Fam
Judgment relating to an application for permission to appeal against a reporting restriction order concerning substantive public law care proceedings. The application was denied.
- Re S (Children)  EWCA Civ 1090
Appeal by a mother in care proceedings following the making of a care order with a care plan for adoption and the court dispensing with the parents’ consent to the same.
- Sandhu v Sandhu  EWCA Civ 1050
Appeal in a TLATA case where it was argued that the judge at first instance had misinterpreted a completion document in relation to the property in dispute which had, it was argued impacted on the quantification of the beneficial interests.
- Goyal v Goyal  EWHC 2758 (Fam)
Judgment of Mostyn J dealing with the issue of pension sharing in relation to an overseas pension.
- Re X (A Child) (No 3)  EWHC 2755 (Fam)
Care proceedings: re-hearing of a fact finding hearing where the parents sought to withdraw from the re-hearing. Munby P decided the re-hearing could and should proceed, and a proper challenge to the witnesses could properly be undertaken by counsel instructed by the guardian which did not, in the unusual circumstances of this case, compromise the guardian’s neutrality.
- Re Y (Children)  EWCA Civ 1091
Appeal following care and placement orders in respect of two children, 7 and 4 years, which, since the parents accepted the inevitability of the care orders, focused on whether the trial judge failed to give proper consideration to whether a placement order was in the best interests of the children.
- Rotherham MBC v MFG Ors  EWHC 2660 (Fam)
Judgment of Cobb J considering an application for wardship to protect a child from child sexual exploitation and an application for life-long reporting restriction orders to prevent the child, her family members and the four associated males from being identified.
- Re S (Children)  EWCA Civ 1020
Successful appeal by a mother in care proceedings following a finding of fact being made against her in circumstances in which no party sought that finding, no such allegation was put to the mother in oral evidence and it was not addressed by counsel for any party in submissions.
- Re AB (Surrogacy: Consent)  EWHC 2643 (Fam)
Application for parental orders adjourned generally due to the respondent’s refusal to consent to the order being made.
- M v B  EWHC 1657 (Fam)
Appeal against an order recognising and enforcing a French residence order in relation to two children, namely A, aged 12, and B, aged 10. Bodey J dismisses the appeal and recognises and enforces the French order.
- W (A Child)  EWCA Civ 1051
A 16 year old’s appeal on the ground that, in public law proceedings, she should have been able to part company with her guardian and to instruct her own solicitor.
- Re M (Children)  EWCA Civ 1059
Appeal by a father against a decision to grant his former wife permission to relocate to Moscow with the parties’ two children.
- London Borough of Redbridge v A, B and E (Failure to Comply with Directions)  EWHC 2627 (Fam)
Decision of Mr Justice MacDonald in relation to significant and repeated failures by a local authority to comply with directions of the court in already lengthy care proceedings.
- JH v Secretary of State for Work and Pensions and LH (CSM) (Child support - other)  UKUT 440 (AAC)
Appeal concerning the application of the rules on shared care in a child support case. The Upper Tribunal found that there had been an error of law by the First-tier Tribunal.
- N (Children: Welfare Decision), Re  EWFC 44
Remitted final hearing of a local authority’s application for care and placement orders in respect of two girls of Hungarian parents where the Hungarian authorities maintained that the girls should be moved to foster carers in Hungary so that appropriate decisions could be made there about their long-term futures.
- Thakkar v Thakkar  EWHC 2488 (Fam)
Judgment of Mr Justice Moor on a contested application to obtain decree absolute prior to the conclusion of the financial remedy proceedings. Application dismissed and costs awarded.
- Thum v Thum  EWHC 2634 (Fam)
Judgment of Mr Justice Mostyn in a case where the husband contended that the wife’s delay in serving the divorce petition had been tactical and that the petition should be stayed or dismissed.
- Re R (Child)  EWCA Civ 1016
Appeal by father concerning the removal of the parties' one year old child from Kent to the North East of England, in which a central issue was whether in such circumstances the courts should approach the case in the same was as an alleged international abduction.
- Re M and L  EWHC 2535 (Fam)
First reported judgment in this country involving the power to submit a request to the court of another country for authorisation to exercise jurisdiction under Article 9 of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in Respect of Parental Responsibility and Measures for the Protection of Children.
- Jefferies v BMI Healthcare Ltd (Human Fertilisation And Embryology)  EWHC 2493 (Fam)
Application for declaration that it was lawful for frozen embryos to be stored for 10 years; the case turned on a signature and the declaration was granted. Importance of clinics complying meticulously and at all times with the HFEA’s guidance and directions stressed.
- AB v CD  EWHC 2482 (Fam)
Application by husband for costs on the indemnity basis, with an immediate substantial payment on account, following a successful application to set aside a consent order in ancillary relief proceedings in 2012.
- In the matter of RA (Baby Relinquished for Adoption)  EWFC 47
Cross-applications by the prospective adopters for an adoption order, the maternal grandmother for leave to apply for a child arrangements order, and the birth parents for leave to apply to oppose the adoption order.
- Al-Baker v Al-Baker  EWHC 2510 (Fam)
Application by a wife pursuant to Part III, MFPA 1984 for financial provision following an overseas divorce in which the husband failed to comply with disclosure obligations and numerous court orders.
- Re H (Child)  EWCA Civ 988
Judgment considering how the family courts should approach cases in which asylum is a feature.
- Roocroft v Ball  EWCA Civ 1009
Financial remedies: Court wrong effectively to ‘strike out’ and give ‘summary judgment’ on a ‘set aside’ application, in which material non-disclosure was alleged, following the making of a consent order.
- Horton v Henry  EWCA Civ 989
Judgment in Court of Appeal as to whether a pension entitlement in respect of which a bankrupt has a present right (not yet exercised) to elect to draw down payment falls to be included in the assessment of his income.
- M (Children)  EWCA Civ 942
Appeal against the decision of Russell J refusing the summary return of two children (JK aged five years eight months and DI aged four years ten months) to the United States of America. Appeal allowed.
- Moog v Germany - 23280-08 (Judgment (Merits and Just Satisfaction) - Court (Fifth Section))  ECHR 839
Judgment by the European Court of Human Rights concerning a father's complaint that his Art 8 rights had been breached because of the excessive length of contact proceedings in respect of his son, the suspension of contact and the family courts' failure to appoint in due time a guardian ad litem in order to safeguard the child's interests.
- Re B-C (A Child)  EWCA Civ 970
Appeal allowed against court’s refusal to list local authority’s application for an interim care order after an unsuccessful application for an emergency protection order.
- Re W  EWHC 2437 (Fam)
Judgment as to whether a two-year-old girl should live with proposed adopters or her paternal grandparents under either a special guardianship order or child arrangements order granting them residence.
- Re X, Y and Z (Disclosure to the Security Service)  EWHC 2400 (Fam)
Application by the Metropolitan Police Service to disclose documents in care proceedings to the Security Service to further the criminal investigation.
- X, Y And Z (Children) (Retrospective Leave To Remove From the Jurisdiction)  EWHC 2439 (Fam)
High Court elects to exercise jurisdiction under the Children Act 1989 to consider a mother’s application for retrospective permission to remove the children from the jurisdiction to Spain, without need for enforcement of an order for return under the Hague Convention, in the context of significant delay.
- QS v RS (No 3) (Recognition of Foreign Adoption)  EWHC 2470 (Fam)
Third and final judgment by Mr Justice MacDonald in proceedings which concerned an application to recognise the child’s foreign adoption and make a declaration pursuant to s.57 of the Family Law Act 1986, and an application for a child arrangements order.
- K (A Child)  EWCA Civ 931
Appeal by father of a 10 year old girl, A, against the decision (in December 2015) of a circuit judge to permit A’s mother to remove her permanently to live in the Republic of Ireland in circumstances where, by the time of the appeal, A had been living in Ireland for several months.
- FD (Inherent Jurisdiction: Power of Arrest)  EWHC 2358 (Fam)
Judgment of HHJ Bellamy (sitting as a Deputy High Court judge) considering whether a power of arrest can be attached to an injunction under the High Court’s inherent jurisdiction in the case of a vulnerable adult with capacity.
- Case V (Human Fertilisation And Embryology Act 2008)  EWHC 2356 (Fam)
Court made a declaration of parentage pursuant to s.55A FLA 1986 following the relevant form having been lost or mislaid. Comments from Munby P about ensuring these cases are dealt with as quickly and smoothly as possible, and potential for the court to be invited to make costs orders ‘as the case goes along’.
- Re B (Litigants In Person: Timely Service of Documents)  EWHC 2365 (Fam)
Judgment reminding practitioners of the need for timely service of court bundles, especially where the party served is a litigant in person.
- A County Council v AB & Ors (Participation of P in Proceedings)  EWCOP 41
Case management decision concerning the participation of P in ongoing Court of Protection proceedings.
- Zdravkovic v Serbia – 28181/11 (Judgment (Merits and Just Satisfaction) : Court (Third Section))  ECHR 770
Judgment in the European Court of Human Rights concerning a claim by the applicant that her Articles 6 and 8 rights had been breached by the Serbian authorities arising from their failure to enforce effectively two orders made for her to have access rights and custody of her child. Claims dismissed (two dissenting judgments).
- Al-Jeffery v Al-Jeffery (Vulnerable adult; British citizen)  EWHC 2309 (Fam)
Following Holman J’s earlier order, this judgment addresses the issue of how the applicant’s legal team could obtain clear instructions as to her wishes in relation to whether she wanted to remain in Saudi Arabia or return to the UK.
- E (A Child) (Medical Treatment)  EWHC 2267
Munby P. declines to make an order for non-urgent medical intervention where care proceedings ongoing.
- Re W (Minors)  EWHC 2226 (Fam)
Judgment in which final orders are made in relation to an application by a father for a location order and guidance is given concerning the way in which the President's Guidance in respect of the duration of ex parte orders is to be interpreted.
- Case O (Human Fertilisation and Embryology Act 2008)  EWHC 2273 (Fam)
Revocation of an adoption order and declaration of parentage by Munby P after the clinic mislaid forms and the child was subsequently adopted by the parent.
- X (A Child) and Y (A Child)  EWHC 2271 (Fam)
Two cases as to whether an English court can making secure accommodation orders, under section 25 of the Children Act 1989 or the Court's inherent jurisdiction, for a child to be placed in a unit in Scotland, and whether the orders would be enforced in Scotland.
- Re M (Children)  EWCA Civ 937
Decision of the Court of Appeal affirming the absence of the court’s jurisdiction, whether under the Children Act or wardship, to make a care order in respect of a child who has attained the age of 17, even with the consent of the local authority to make such an order.
- Case L (Human Fertilisation and Embryology Act 2008)  EWHC 2266 (Fam)
Application for a declaration that one party is not the legal parent of the child, in accordance with s.55A Family Law Act 1986, where the mother’s partner did not sign the requisite forms.
- K v K (Appeal: Excessive Costs)  EWHC 2002 (Fam)
Award of costs against a mother who obtained registration of a Russian judgment and order in England, both of which were incapable of registration since they predated the entering into force of the 1996 Convention between the United Kingdom and the Russian Federation on 1 June 2013. One month after the mother obtained registration in England, the father notified the mother of his intention to appeal the orders for lack of jurisdiction. The mother sought advice (some of which was legally sound and some unsound) and eventually sought to withdraw her application, accepting that the English court had not had jurisdiction to undertake the registration, but not before the father had incurred £38,813 in legal costs. Mother ordered to pay £3,737.50 towards the father’s costs.
- S Local Authority v T, UN and Others  EWFC 41
Complex composite fact-finding and welfare hearing before Keehan J in care proceedings.
- B (A Minor: Habitual Residence)  EWHC 2174 (Fam)
High Court decision on habitual residence; very helpful summary of the legal principles applicable; consideration of preparation of habitual residence cases by lawyers.
- Al-Jeffery v Al-Jeffery (Vulnerable adult; British citizen)  EWHC 2151 (Fam)
Applications by a British adult in Saudi Arabia, primarily under the inherent jurisdiction, seeking orders including a mandatory order against her father to permit and facilitate her return to this country.
- Re L (A Child)  EWCA Civ 821
Appeal by a father against a final order, including public and private law children orders, on the grounds that the court had no jurisdiction under Council Regulation (EC) No 2201/2003 (“Brussels IIA”). Appeal allowed.
- A (A Child)  EWCA Civ 820
Judgment of Black LJ in care proceedings allowing an appeal and directing a rehearing in respect of care and placement orders made only 3 months after the court had determined the child should be returned to the mother’s care.
- Re A (A Patient) (No 2)  EWCOP 39
Supplementary judgment of the President addressing matters raised following the handing down of his judgment in the Court of Protection in Re A (A Patient) (No 1)  EWCOP 38
- Re A (A Patient)  EWCOP 38
Costs orders and a civil restraint order in Court of Protection proceedings heard by the President
- Re F (A Minor)  EWHC 2149 (Fam)
Judgment of Hayden J concerning the probity and reliability of a Court expert's evidence in public law care proceedings.
- W (A Child)  EWCA Civ 804
Appeal against the making of a secure accommodation order pursuant to s 25 of the Children Act 1989 in relation toa girl aged 17 years and 8 months at the time of the application.
- D v D (Fertility Treatment: Paperwork Error)  EWHC 2112 (Fam)
The latest in the series of cases focusing on applications for a declaration of parentage on the birth of a child following fertility treatment.
- Morris v Morris  EWCA Civ 812
Husband’s appeal to the Court of Appeal against orders for variation of maintenance, committal and costs.
- A & Another v C & Another  EWFC 4
Judgment of Mrs Justice Theis in an application for parental orders made after the six month time period. Application allowed.
- MB v Secretary of State for Work and Pensions  UKSC 53
Supreme Court judgment as to whether the Council Directive 97/7/EEC on the Progressive Implementation of the Principle of Equal Treatment for Men and Women in Matters of Social Security precludes the imposition in national law of a requirement that, in addition to satisfying the physical, social and psychological criteria for recognising a change of gender, a person who has changed gender must also be unmarried in order to qualify for a state retirement pension. The appellant, a transgender woman who has not applied for a full gender recognition certificate, has been denied a state retirement pension after her 60th birthday. Referral made to the European Court of Justice.
- West Sussex County Council v Alma  EWHC 2009 (Fam)
Judgment in care proceedings concerning a child of 19 months who, it appears, has been trafficked. Application to dispense with parental consent in circumstances where the parents could not be found.
- Veiga Da Silva Braga v Portugal - 39507 -13 (Judgment (Merits and Just Satisfaction) - Court (Fourth Section Committee))  ECHR 702
Judgment in the European Court of Human Rights concerning an applicant's claim that delays in enforcement proceedings against her former husband for unpaid child support constituted a breach of her Article 6 rights.
- R (C & Others) v London Borough of Southwark  EWCA Civ 707
Judicial review appeal by mother and four dependent children challenging the local authority’s policy or practice under s.17 Children Act 1989 re financial support and asserting a breach of Article 8 rights.
- MG v FG (Schedule 1 - Application to strike out Estoppel Legal Costs Funding)  EWHC 1964 (Fam)
Cross applications for strike out of the mother’s Schedule 1 Children Act 1989 application and for a legal services funding order.
- W (A Child)  EWCA Civ 793
Successful appeal by prospective adopters against decision to refuse adoption order and grant an SGO to paternal grandparents.
- Re C (A Child)  EWCA Civ 798
Appeal brought by Guardian News and Media Ltd, against the decision of Pauffley J, who had previously dismissed their application for publication of the 2014 decision of Eleanor King J concerning the surviving sibling of Ellie Butler. Appeal allowed.
- Goyal v Goyal  EWCA Civ 792
Court of Appeal judgment confirming that injunctions made under section 37 Senior Courts Act 1981 can only be made in support of existing substantive powers.
- Re L (Habitual Residence - Domestic Abuse)  EWHC 1844 (Fam)
Judgment of Cobb J determining the habitual residence of a child where a provisional view of the court’s jurisdiction had already been given by a different judge and accepted by the legal representatives acting for the parties at that time.
- BC v DE  EWHC 1806 (Fam)
Order made for payment both of historic and prospective costs through a Legal Service Payment Order in Schedule 1 and Section 8 Children Act 1989 proceedings.
- Ali v Ansar-Ali  EWCA Civ 781
Judgment on appeal in financial remedy proceedings against the wording of a lump sum order and the quantum of that order.
- Ely v Robson  EWCA Civ 774
Court dismisses a defendant’s appeal against a declaration that she was the 20% beneficial owner of a property in her former partner’s sole name pursuant to a settlement agreement reached between the parties in a car park during the course of litigation in 2007 and that she was estopped from asserting the contrary.
- R v D  EWHC 1164 (Fam)
Judgment considering whether the court should exercise its power under Article 11(7) and (8) of Brussels IIa to return a child to England, in circumstances where a Polish Court had rejected the father’s application for the child's summary return under the Hague Convention because it found that there was a grave risk that it would expose him to psychological harm, but a change of circumstances had subsequently removed that risk.
- GN v Poland - 2171-14 (Judgment (Merits and Just Satisfaction) - Court (Fourth Section))  ECHR 667
Decision of the European Court of Human Rights in relation to a father’s claim that a domestic court (Poland) failed to apply the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and order the return of his child, and that the failure constituted a breach of Article 8 of the Convention.
- H (Care Order: Designated Local Authority)  EWFC 39
Judgment considering which of two possible local authorities should be the designated local authority on the conclusion of care proceedings.
- Re F & M (Children) (Thai Surrogacy) (Enduring family relationship)  EWHC 1594 (Fam)
Application for parental orders in respect of twins born conceived by way of IVF subsequent to a commercial surrogacy agreement entered into between the applicants (a British couple) and the respondent birth mother (a Thai national).
- Re A (A Child)  EWCA Civ 759
Appeal by mother against a declaration that it was lawful and in her child's best interest to remove his respiratory support and to offer pain relief.
- Krapivin v Russia - 45142-14 (Judgment (Merits and Just Satisfaction) - Court (Third Section))  ECHR 644
European Court of Human Rights judgment concluding that there had not been an Article 8 violation when a Russian court dismissed an application for contact nor an Article 6 violation when a hearing proceeded in a party’s absence.
- Grant & Another v Baker  EWHC 1782 (Ch)
Successful appeal by the trustees in bankruptcy of the first respondent against an order that the sale of a property owned by the first and second respondents be postponed until the respondents’ disabled adult child no longer resided at the property.
- D (A Child - Jurisdiction - Habitual Residence)  EWHC 1689 (Fam)
Judgment of HHJ Bellamy (sitting as High Court judge) determining the habitual residence of a child as a preliminary issue.
- Lewis v Warner  EWHC 1787 (Ch)
Appeal by the sole beneficiary of an estate against a decision under Inheritance (Provision for Family and Dependants) Act 1975 providing the deceased’s cohabitee (who was a man of means) with an option to purchase the property in which he had lived with the deceased.
- Juffali v Juffali  EWHC 1684 (Fam)
Roberts J considers the relevance of a ‘stratospheric’, ‘unimaginably high’ marital standard of living to a Pt III MFPA 1984 claim by a wife, distilling the current jurisprudence on Pt III claims, and providing guidance on ‘needs’ claims in ‘big money‘ cases.
- Z v Z and Others  EWHC 1720 (Fam)
Roberts J considers the quantification element (‘Stage II’) of her decision in W’s Part III MFPA 1984 application following a concluded agreement in Russia and where the assets had been generated were nearly exclusively non-matrimonial.
- Re AO (Care Proceedings)  EWFC 36
Judgment concerning a child, relinquished for adoption by her parents. The local authority’s application for a care order was dismissed, on the basis that threshold was not made out.
- Re X (A Child) (No 2)  EWHC 1668 (Fam)
Application for a reporting restriction order in respect of a judgment handed down in public. Guidance on RRO applications given.
- IW v Secretary of State for Work and Pensions and DW (CSM) (Child support - calculation of income)  UKUT 312 (AAC)
Child support appeal to the Upper Tribunal concerning interpretation of the Child Support Maintenance Calculation Regulations 2012 regarding information being obtained from HMRC and other sources.
- Re N (Children)  EWCA Civ 656
Court of Appeal judgment in an appeal of a decision not to grant leave to apply for contact with the subject child in care proceedings. Appeal allowed
- MCJ v MAJ  EWHC 1672 (Fam)
Judgment of Roberts J in financial remedies case where the total wealth available for distribution was in the order of between £10.5 to £11.6 million in which the husband sought a deviation from the sharing principle on the basis that his wealth had accrued before the marriage and he contended that the wife should leave the marriage with her needs met.
- Re A, B and C (UK surrogacy expenses)  EWFC 33
Applications for parental orders in respect of three children who were all born within 6 months of each other in which Ms Justice Russell considers whether the payments made to the surrogates were for expenses reasonably incurred.
- Malec v Poland 28623-12  ECHR 588
Father awarded damages after Poland’s treatment of his application for contact with his daughter violated Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
- London Borough of Sutton v Gray & Others  EWHC 1608 (Fam)
Application made by the media, including the Guardian, the BBC and Sky News, for the publication of the judgment in 2014 of Eleanor King J, concerning the child, Ellie Butler. The application was dismissed by Pauffley J owing to the substantial risk of prejudice that may occur to a criminal appeal pursued by the child’s parents.
- K (A Child)  EWCA Civ 462
Successful appeal against the refusal of a mother’s application for permission to oppose the adoption application in relation to her eight year old son.
- Re Z (surrogacy agreements) (Child arrangement orders)  EWFC 34
Application for a child arrangements order in respect of a baby boy born in England in the summer of 2015, as a result of a gestational surrogacy, where the respondent who acted as surrogate was not willing to hand the baby over to the applicants.
- In the Matter of the Human Fertilisation and Embryology Act 2008 (Case M)  EWHC 1572 (Fam)
Judgment of Munby P concerning an application for a declaration of parentage pursuant to section 55A of the Family Law Act 1986 following an administrative mistake of an IVF clinic.
- QS v RS (No 2) (Application to Terminate Appointment of Guardian)  EWHC 1443 (Fam)
Judgment of MacDonald J concerning an application to discharge a children’s guardian on grounds of apparent bias. Notwithstanding legitimate concerns, the application would succeed only in ‘very rare’ circumstances, of which this case was not an example. A helpful summary for practitioners of the relevant principles when considering whether to make such an application.
- M v Press Association  EWCOP 34
Application to extend a reporting restriction order ‘until further order’ following the death of N, in relation to whom the court had granted permission for life-sustaining treatment to be removed.
- Re A (A Child)  EWCA Civ 572
Appeal by father against against an order requiring the return of his four-year-old son to Sweden in proceedings under the 2008 Hague Convention on the Civil Aspects of International Child Abduction.
- Re X, Y and Z (Damages - Inordinate Delay in Issuing Proceedings)  EWFC B44
Application for declarations and damages pursuant to the Human Rights Act in respect of two children who were subject to a (purported) s.20 agreement to be accommodated by a local authority for more than two years after which an interim care order was granted.
- In the matter of D (A Child)  UKSC 34
Supreme Court judgment. Held that the Court does not have jurisdiction to hear an appeal from a father who had applied for the recognition and enforcement by the English courts of a custody order in his favour made by the Romanian courts. In reaching its decision the Court concluded that appeals in England and Wales under article 34 of BIIR may be brought only by a single further appeal on a point of law to the Court of Appeal.
- KB and RJ v RT  EWHC 760 (Fam)
Application for a parental order in respect of a child born to a gestational surrogate in India in circumstances where an application for a child settlement visa had been refused by the UK authorities on the basis that there was insufficient evidence that the applicants were the parents.
- AS v TH (False Allegations of Abuse)  EWHC 532 Fam
Application by mother of two children for findings in respect of a series of allegations made against the father of one of the children. Found that the allegations were false; reference made to the guidance professionals should follow in such cases.
- R v R (Jurisdiction and Acquiesence)  EWHC 1339 (Fam)
Judgment addressing important issues about jurisdiction when issuing private law proceedings under the Children Act 1989 in any case that has an international element, particularly in cases where a parent has recently arrived in the jurisdiction with the children.
- Re X (A Child)  EWHC 1342 (Fam)
Application by local authority under the court’s inherent jurisdiction for re-consideration of findings of fact made against birth parents at a hearing in 2013.
- Re F (Children)  EWCA Civ 546
An unsuccessful appeal on the decision to return children to Hungary under the Hague Convention. Guidance given as to the participation of children in proceedings.
- Wyatt v Vince  EWHC 1368 (Fam)
High Court approves settlement in this high profile case, distils current jurisprudence on privacy / publicity in financial remedy cases and determines costs of a Dean summons.
- Re J  EWHC 1330 (Fam)
Application for a declaration of legal parentage
- Re N  EWHC 1329
Application for a declaration of parentage in accordance with s.55A Family Law Act 1986, where the mother did not sign the requisite consent form.
- Bataillon & Anr v Shone & Anr  EWHC 1174 (QB)
Creditors claim under s.423 of the Insolvency Act 1986 to set aside transfers of assets between the defendant husband and wife which the defendants argued had been made pursuant to an informal separation agreement.
- De Renee v Galbraith- Marten  EWCA Civ 537
Refusal of permission to appeal the dismissal of the wife’s application for leave to apply for financial relief after an overseas divorce, pursuant to Part III MFPA 1984.
- SM v Secretary of State for Work and Pensions  UKUT 245 (AAC) (20 May 2016)
Successful child support appeal to the Upper Tribunal by non-resident parent. Consideration of sums spent on school “extras” such as music lessons and sports activities.
- Birmingham City Council v LC and others  EWHC 1278 (Fam)
Care and placement orders made after further consideration of whether family members could care for the three children.
- Re S (Child Abduction - Joinder of sibling - Child’s Objections)  EWHC 1227 (Fam)
Successful applications for joinder of R, a 17-year-old non-subject child and for the summary return of her sister S, aged 13 to France.
- Re S (A Child)  EWCA Civ 495
The Court of Appeal dismisses appeal against a child arrangements order and makes it clear that it is not a CAFCASS Officer’s duty when preparing a report to explore every aspect of a parent or child’s life, or to investigate matters not in issue.
- Re H (Jurisdiction)  EWHC 1252 (Fam)
Mother's application for an order requiring the father to give full information as to the whereabouts of their six-year-old child who is not habitually resident in this jurisdiction and has not been known to be present in the country at any stage.
- Randall v Randall  EWCA Civ 494
Successful appeal by a husband against a decision of a Deputy Master that he (as a creditor of a beneficiary) did not have an ‘interest’ (within the meaning of r 57.7, CPR 1998) sufficient to enable him to bring a probate claim challenging the validity of W’s mother’s will.
- Re V-Z (Children)  EWCA Civ 475
Successful appeal in care proceedings in which the Court of Appeal identifies the local authority’s failure to properly assess a family member based abroad and gives guidance on dealing with foreign authorities and their assessments of alternative carers.
- E (A Child)  EWCA Civ 473
Court of Appeal allow appeal against findings of fact made in care proceedings and provide important guidance on: (i) children giving evidence; (ii) the weight to be given to defective ABE interviews; (iii) the approach to representing a child accused of perpetrating abuse; and (iv) the Article 6 rights of a child who might properly be regarded as either a perpetrator or a victim or both.
- Davies & Another v Davies  EWCA Civ 463
The appellant parents sought to appeal the decision at first instance as to the quantum of equitable relief that should be granted to their daughter following her successful proprietary estoppel claim against them.
- Staffordshire County Council v SRK & Another  EWCOP 27
Judgment of Charles J considering whether the state had responsibility for a deprivation of liberty and as such whether a welfare order of the Court of Protection was required.
- M v F (Covert Recording of Children)  EWFC 29
Judgment of Peter Jackson J addressing a parent’s use of a child to covertly record evidence.
- Cambridge University Hospitals NHS Trust v BF  EWCOP 26
Application by NHS Foundation Trust in relation to a 36 year old woman with a diagnosis of paranoid schizophrenia. The Trust sought declarations under the Mental Capacity Act 2005 that the patient lacked mental capacity to consent to or refuse medical treatment and that it was lawful, being in her best interests, that she undergo a total abdominal hysterectomy.
- In the matter of Z (A Child) (No 2)  EWHC 1191 (Fam)
Application by a father (“single person”), (following an unsuccessful application for a parental order) for a declaration that sections 54(1) and 54(2) of the Human Fertilisation and Embryology Act 2008 are incompatible with his and his son’s rights under Article 8 alone or Article 14 taken in conjunction with Article 8.
- Kent County Council v M and K (Section 20: Declaration and Damages)  EWFC 28
Theis J addresses two issues in relation to a 14-year-old child: (1) the making of a care order with a plan for long-term foster care; and (2) a claim on K’s behalf under HRA 1998 for declarations and damages following prolonged accommodation under section 20, Children Act 1989.
- Re X (Foreign Surrogacy - Child's Name)  EWHC 1068 (Fam)
Application by a same-sex couple for a parental order in respect of an international surrogacy arrangement (Nepal), and consideration of whether an additional order was needed to change a surrogate child’s birth name.
- Re O (Withdrawal of Medical Treatment)  EWCOP 24
Declaratory relief granted to a Trust to withdraw artificial ventilation from a woman who had suffered severe brain damage.
- Local Authority X v HI and Others  EWHC 1123 (Fam)
Application by a Guardian for an order restraining a local authority from disclosing to the parents of a child in care a specific piece of information which that child had shared with professionals.
- Cumbria County Council v M & Others  EWFC 27
A short judgment of Peter Jackson J refusing to re-open care proceedings on the basis of new evidence which had not been disclosed to the family court by the police at the time of the original fact-finding hearing, reported as Cumbria County Council v M, F & A  EWFC 18.
- RA (Baby Relinquished for Adoption - Case Management)  EWFC 25
Judgment concerning a Latvian child, relinquished by his parents at birth, who was the subject of an uncontested adoption application where the maternal grandmother, living in Latvia, had expressed interest in caring for the child.
- Migliaccio v Migliaccio  EWHC 1055 (Fam)
Wife’s application for a judgment summons in respect of arrears of child periodical payments and an unpaid costs order. Judgment of Mostyn J includes consideration of the evidential burden in judgment summons hearings.
- T v R (Maintenance after Re-marriage - agreement)  EWFC 26
Wife’s application to strike out an application for a variation of a maintenance agreement under section 35 MCA 1973 refused
- Re E (Female Genital Mutilation and Permission to Remove)  EWHC 1052 (Fam)
Application by the mother for FGM orders against the father in respect of three children, countered by the father’s cross-application for the children to be placed in his care and permission to permanently remove the children from the jurisdiction to the jurisdiction of Nigeria. The father’s application was granted.
- K v K (Financial Remedy Final Order prior to Decree Nisi)  EWFC 23
Cobb J considers the validity of a financial remedies order made prior to Decree Nisi where the court was unaware of this fact.
- Singha v Heer  EWCA Civ 424
Unanimous rejection of an appeal against the determination of beneficial interests in a former matrimonial property now the subject of a TLATA claim in which a third party with no legal interest had attempted unsuccessfully to claim 100% of the beneficial interest relying upon a purported written agreement which the lower court had found to have been forged.
- SG v Secretary of State for Work and Pensions and CL (CSM) (No. 2) (Child support - calculation of income)  UKUT 171 (AAC)
Decision of the Upper Tribunal concerning a father’s appeal against an assessment for child maintenance by the Child Support Agency (as it was), where the original assessment was in 2004, no maintenance had been paid and the proceedings had run for 12 years.
- TM v AH  EWHC 572 (Fam)
Wife succeeds in application to join trustees to existing proceedings brought by her to vary two familial trusts on the basis that they were nuptial settlements.
- R (on the application of O) v London Borough of Lambeth  EWHC 937 (Admin)
Application for judicial review made by a child challenging the London Borough of Lambeth’s assessment of her as not being a ‘child in need’ under section 17 Children Act 1989.
- Montalto v Popat and Others  EWHC 810 (Ch)
Judgment in the Chancery Division concerning the beneficial ownership of various companies, properties and chattels arising from the breakdown of a relationship between a cohabiting couple.
- Z and Z and Others  EWHC 911 (Fam)
Application by a former wife under Part III of the Matrimonial and Family Proceedings Act 1984 for financial relief after an overseas divorce. Judgment in ‘Stage 1’ of the proceedings that (pursuant to s.16) it would be appropriate in principle for the English court to make an order for financial relief.
- W (A Child) (Designation of Local Authority)  EWCA Civ 366
The Court of Appeal’s determination of a dispute as to the question of the designation of a local authority under a care order
- H-C (Children)  EWCA Civ 136
Court of Appeal allows appeal and sets aside findings that a father smothered a 13 month old. Re-hearing to be kept under review pending the criminal proceedings.
- Spencer v Anderson (Paternity testing: Jurisdiction)  EWHC 851 (Fam)
Judgment concerning whether the Court can direct scientific testing of the DNA of a person who has died, for the purpose of providing evidence of paternity. Testing granted in the circumstances of this case.
- C (Children)  EWCA Civ 374
Use of inherent jurisdiction to sanction local authority’s limitation of mother’s parental responsibility to choose children’s forenames.
- L and B (Children: Specific Issues: Temporary Leave to Remove from the Jurisdiction: Circumcision)  EWHC 849 (Fam)
Applications by father concerning the amount of time the parties' two children should spend with each parent; whether the father should be permitted to take the children to visit his family in Algeria (a non-Hague Convention country); and whether it was in the children's best interests to be circumcised in accordance with the father's Muslim beliefs.
- Mutch v Mutch  EWCA Civ 370
Wife’s successful appeal against a financial remedies order which set aside an order in her favour varying periodical payments. The Court of Appeal concluded that even though the wife’s notice did not contain an express reference to an application for an extension of the term of the periodical payments order, it satisfied the procedural requirements when read alongside the witness statement filed in support.
- Re C (Children)  EWCA Civ 356
Appeal by mother against the decision to hear oral evidence at an appeal hearing against a decision of the Lay Justices and the findings at the subsequent re-hearing held before the same judge. Appeal allowed and case remitted to the Lay Justices.
- W (Medical Treatment - Anorexia)  EWCOP 13
Peter Jackson J’s judgment on a health board’s application to the Court of Protection in relation to the care and treatment of a young woman suffering from life-threatening anorexia.
- Re Z (Recognition of Foreign Judgments)  EWHC 784 (Fam)
Judgment considering the exercise of the court’s powers under the inherent jurisdiction to recognise and enforce orders concerning the medical treatment of children made by the courts of another member state of the European Union.
- Re I (Human Fertilisation and Embryology Act 2008)  EWHC 791 (Fam)
Application for a declaration of parentage in accordance with s.55A Family Law Act 1986, where the relevant consents were given on the wrong form following the implementation of the HFEA 2008.
- In the matter of N (Children)  UKSC 15
Supreme Court judgment concerning the applicability of Article 15 of Brussels IIa to applications for care orders and the proper approach to the assessment of the children's best interests on applications for transfer of the proceedings.
- E-R (Child Arrangements)  EWHC 805 (Fam)
Judgment as to where a 6 year old girl should live following the death of her mother: whether with her father and his partner or with family friends of her mother, with whom she was currently living.
- A v H (Presumption of Death)  EWHC 762 (Fam)
A short judgment allowing an application for a declaration under the Presumption of Death Act 2013, in tragic circumstances, that the respondent wife was either dead or had not been known to be alive for a period of at least 7 years.
- Y (Children) (No 3)  EWHC 503 (Fam)
The President of the Family Division, Sir James Munby’s judgment following a finding of fact hearing in a case in which he had already given two judgments, Re X (Children), Re Y (Children)  EWHC 2265 (Fam); Re X (Children), Re Y (Children) (No 2)  EWHC 2358 (Fam).
- Re G (Human Fertilisation and Embryology Act 2008)  EWHC 729 (Fam)
Judgment of Munby P concerning the administrative mistake of an IVF clinic and s.42 of the 2008 Act on consent of the gestational mother’s civil partner.
- Liden v Burton  EWCA Civ 275
Court of Appeal upholds first instance decision awarding a former partner a 10% interest in her partner’s property as a result of proprietary estoppel
- L (A Child)  EWCA Civ 173
Appeal from a committal order sentencing the appellant to six months’ imprisonment for breach of a collection order which had been made over eleven years previously. Appeal allowed and guidance given as to the conduct of contempt proceedings.
- Re V  EWHC 668 (Fam)
Judgment of Parker J in dispute as to whether the English court had jurisdiction to hear the wife’s maintenance application.
- LB of Southwark v KA (Capacity to Marry)  EWHC 661 (Fam)
Judgment of Parker J as to whether a 29 year old learning disabled man, KA, lacked the capacity to make decisions on sexual relations and marriage.
- FM (A Child)  EWCA Civ 189
Appeal by a mother to Court of Appeal against making of SGO on grounds including that it was an unnecessary and disproportionate interference with Article 8 rights. Appeal dismissed.
- Besharova v Berezovsky  EWCA Civ 161
The Court of Appeal rules on a point of construction in consent order of deceased Russian oligarch and former wife.
- Al-Juffali v Estrada & Another  EWCA Civ 176
The Court of Appeal considered international and domestic law and determined that it was wrong to hold that in principle diplomatic immunity could not shield a husband from a wife’s Part III MFPA 1984 claim. However H's permanent residence in the UK precluded H from availing himself of such protection from W's financial claims.
- Work v Gray (Phase II: Computation and Distribution)  EWHC 562 (Fam)
Detailed judgment of Roberts J in financial remedy proceedings concerning the applicability and calculation of discounts on certain risk-laden or partially-illiquid investment funds for the purpose of capital distribution following an order for equal sharing of all net assets.
- S v J and Others  EWHC 559 (Fam)
Application for declaratory relief under s17 Married Women’s Property Act 1882 in relation to the beneficial ownership of four residential properties.
- Robertson v Robertson  EWHC 613 (Fam)
Judgment in ‘big money’ financial remedies case in which Mr Justice Holman considers issues of matrimonial and non-matrimonial property, and special contributions.
- Hammerton v United Kingdom (Judgment ( Merits and Just Satisfaction) - Court (First Section)) ] ECHR 272
Judgment of the ECtHR in respect of an application by a British national who alleged that his committal to prison for civil contempt and the subsequent civil proceedings by which he sought to obtain redress, violated his rights under Articles 5 and 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
- County Durham & Darlington NHS Foundation Trust v SS  EWHC 535 (Fam)
Application by NHS Trust under the inherent jurisdiction for declarations relating to the medical treatment and nursing care of a 7 year old child against the wishes of her parents. Declarations granted.
- BP v DP (Children - Habitual Residence)  EWHC 633 (Fam)
Application by a mother under the Hague Convention for the return of two children to Australia.
- Ciccone v Ritchie (No 2)  EWHC 616 (Fam)
Application for permission to withdraw proceedings under the 1980 Hague Convention. Application granted.
- Ciccone v Ritchie (No 1)  EWHC 608 (Fam)
Mother's application under the 1980 Hague Convention for the summary return of her 15 year old son to the USA. Review of the principles to be applied when considering whether to make a child a party to proceedings under the Convention.
- BD v FD (No 2)  EWHC 594 (Fam)
- In the Matter of D (Children) (Child Abduction: Practice)  EWHC 504 (Fam)
Hague Convention application in which the President of the Family Division sets out observations as to when, if at all, the court should deal with Hague proceedings in a manner which is not merely 'summary' but 'ultra-summary'.
- Y v Z  EWHC 3987 (Fam)
Application by a father for the committal to prison (or other penalty) of a mother for the alleged contempt of a court order requiring her to return two children to England and Wales from India.
- FK v ML (Child's Objections)  EWHC 517 (Fam)
Application under the Child Abduction and Custody Act 1985 involving a thirteen year old child, who, having been wrongfully retained in England and Wales, is returned to Ireland, despite his vociferous objections.
- Kanev-Lipinski v Aharon Lipinski and Others  EWHC 475 (QB)
The claimant (W) sought a freezing order and an asset preservation order against the respondent, her former husband (H), and several companies in which H had shares.
- SB v Secretary of State for Work and Pensions and & Anor (Child support: calculation of income)  UKUT 84 (AAC)
Successful appeal from the First Tier Tribunal (‘FTT’) regarding the amount of a parent’s child support maintenance liabilities. The Upper Tier Tribunal (‘UTT’) held that the FTT had erred in law as a result of misconstruing the Child Support Maintenance Regulations 2012.
- WA v Secretary of State for Work and Pensions & Anor (Child support: tribunal practice)  UKUT 86 (AAC)
Guidance from the Upper Tribunal as to how the First-tier Tribunal should exercise case management powers to ensure in child support cases that a parent is not prevented from attending a hearing because of fear of intimidation.
- Re JL and AO  EWHC 440 (Fam)
Judgment concerning babies relinquished for adoption. Approval of adoption does not depend on local authority or court reaching the conclusion that ‘nothing else will do’. Consideration of issues including obligations under Vienna Convention when child relinquished for adoption or otherwise voluntarily accommodated by a local authority.
- Re DM and LK  EWHC 270 (Fam)
Application by the genetic parents for a parental order in respect of a child born in October 2014). The respondents (the surrogate mother and her husband) did not oppose the application; however the case required careful consideration due to the improper procedures followed during the transfer process. The parental order was made.
- Nottingham City Council v LM and others  EWHC 11 (Fam)
Application in relation to a newborn baby for an ICO with a care plan for removal in which Keehan J strongly criticises local authority failings and sets out vital good practice for future cases.
- Re AD and AM (Fact-finding hearing) (Application for re-hearing)  EWHC 326 (Fam)
Following an earlier judgment in which Cobb J concluded that a baby’s mother had caused life-threatening injuries to her son and that these injuries were non-accidental, Cobb J sets out reasons for directing a re-consideration of those findings of fact.
- D v E  EWFC 3
Judgment of Macdonald J in private law children proceedings considering competing applications regarding with whom an 11 year-old boy should live and under what terms he should (a) remain with the maternal aunt under a special guardianship order; or (b) move to live with the father. The judgment contains a scathing assessment of the report and oral evidence of a very junior social worker and the training given to her.
- DB v DLJ  EWHC 324 (Fam)
Mostyn J ruling that courts can interfere with arbitral awards in cases of fraud, mistake or supervening event, but finding that it should not do so in this instance.
- Re W (Children)  EWCA Civ 113
Appeal against the decision in respect of media reporting of a fact finding hearing in the much reported Poppi Worthington case.
- R (on the application of M) v Human Fertilisation & Embryology Authority  EWCA Civ 102
Application for permission to appeal against an order dismissing the appellants' claim for judicial review of a decision of the respondent, the Human Fertilisation and Embryology Authority, where the appellants had sought to have the gametes of their daughter exported to a treatment centre in New York.
- Birmingham City Council v SK  EWHC 310 (Fam)
Local Authority application to discharge an injunction against an individual who had been mistakenly identified as a perpetrator of child exploitation.
- NR v AB  EWHC 277 (Fam)
Needs case with arguments about the doctrines of resulting and constructive trusts, nuptial settlements and Thomas v Thomas resources.
- Re CS (Termination of Pregnancy)  EWCOP 10
Judgment concerning an application by an NHS Trust for orders in respect of a young woman CS who was said to lack capacity and in respect of whom the Trust sought an order that it would be in her best interests to undergo surgery terminating her current pregnancy.
- Re K (Children)  EWCA Civ 99
Father’s successful appeal against a child arrangements order granting him only indirect contact with his children for an unspecified period of time. The lower court had failed to consider the range of alternatives available before rejecting the application for direct contact.
- Mann v Mann  EWHC 314 (Fam)
Judgment of Roberts J in which she calculated outstanding arrears due to a wife after 17 years of litigation, considered the applicability of s 24 Limitation Act 1980 to claims for interest on unpaid financial orders, and also considered recent developments concerning the burden of proof for committal under s 5 Debtors Act 1869.
- AB v CD  EWHC 10 (Fam)
Application by a former husband in financial remedy proceedings to set aside a consent order on the basis of an allegation that, at the time of the agreement, his former wife failed to make full and frank disclosure in relation to a company of which she was both a director and shareholder. Consent order set aside and matter relisted for further directions.
- Rapp v Sarre (formerly Rapp)  EWCA Civ 93
Financial remedies appeal challenging the use of capital to meet needs, the treatment of high-risk investment assets and a departure from equality based on conduct.
- R (Rights of Women) v Secretary of State for Justice  EWCA Civ 91
Application by Rights of Women for a declaration that procedural regulations have been unlawfully used to introduce more restrictive criteria for eligibility to legal aid than those found in LASPO 2012, or that they frustrate the statutory purpose, by prescribing the acceptable types of supporting evidence too rigidly and narrowly, thus excluding many women who ought to be eligible for legal aid under the terms of LASPO 2012. The argument focused principally on the requirement that the supporting evidence must be less than 24 months old.
- Re N and P (Children)  EWFC 4
Judgment of Mr Justice Baker in which he makes care and placement orders in respect of two children and summarises the guidance for public law cases involving children who have links to foreign countries.
- A Local Health Board v Y (A Child) and Others  EWHC 206 (Fam)
A short judgment of Baker J under the inherent jurisdiction granting a health trust’s application to withhold and to withdraw medical treatment given to a 6-month old baby with extensive brain damage, palsy and who had suffered multiple cardiac arrests.
- Re S (Children)  EWCA Civ 83
Care proceedings; appeal from decisions including that 13 year old child who made allegations of sexual abuse should not give oral evidence at fact finding hearing. Appeal dismissed on this issue, but with detailed dissent from Gloster LJ.
- D (Children)  EWCA Civ 89
Court of Appeal determines that judge did not have the jurisdiction to determine a dispute on the payment of the costs of an independent social worker in private law children dispute.
- Re M (children)  EWCA Civ 61
Judgment in Court of Appeal in which King LJ notes the importance of the provision of services to adoptive parents under Section 4 of the Children and Adoption Act 2002.
- Re AZ (Child:Relocation to Poland)  EWFC 8
Mother’s successful application to permanently relocate to Poland with the parties’ two year old child.
- Aburn v Aburn  EWCA Civ 72
Court of Appeal judgment in financial remedy proceedings appeal allowed regarding one element in the initial order which provided for an automatic increase in the level of periodical payments payable to the wife following the date upon which the youngest child ceased privately funded secondary education.
- In the matter of B (A child)  UKSC 4
Appeal to Supreme Court by non-biological mother against decision that court did not have jurisdiction to deal with application seeking return of child removed to Pakistan. Appeal allowed.
- Birmingham City Council v D & Another  EWCOP 8
Judgment in Court of Protection proceedings concerning the possible deprivation of liberty of a young person in a residential unit.
- D (A Child) (International Recognition)  EWCA Civ 12
Appeal against an order of Peter Jackson J concerning the recognition and enforcement of an order relating to custody of a nine year old child which had been made by the Romanian Court of Appeal.
- Q v Q (No 3)  EWFC 5
Final hearing concerning the father’s application for direct and indirect contact, and the mother’s applications for prohibited steps and section 91(14) orders.
- MS v PS  EWHC 88 (Fam)
High Court referral to ECJ to determine whether the enforcement of European maintenance orders can be made directly to the Family Court (as opposed to via REMO).
- P (A Child)  EWCA Civ 3
Mother’s appeal against the making of care and placement orders in relation to P, who was 18 months at the time of the appeal hearing.
- Ismail v Choudhry  EWCA Civ 17
Appeal as to validity of marriage allowed on basis of new evidence, matter remitted.
- Cherwayko v Cherwayko (No 3) (Contempt in financial remedy proceedings and costs)  EWHC 2482 (Fam)
Wife’s application for committal of the Husband for contempt in financial remedy proceedings. Parker J found that the Husband had breached two orders and an undertaking, describing him as insouciant and unrepentant and imposed an immediate custodial sentence.
- Re Z & Others  EWCOP 4
Judgment by Cobb J in the Court of Protection concerning a 20-year-old woman with Asperger’s Syndrome and her capacity to make a variety of decisions as to how and where she should live. It is a very helpful example of a finely-balanced case on the facts and involves a nuanced application of the statutory test for capacity under the MCA 2005.
- North Yorkshire County Council & Another v MAG & Another  EWCOP 5-1
Linked appeals in the Court of Protection against the refusal of an application for the authorisation for the deprivation of liberty of a 35 year old man, suffering from autism and learning disabilities, at the home where he has lived since 2006. Appeals allowed.
- F v Cumbria County Council & M (Fact finding No 2)  EWHC 14 (Fam)
Fact-finding hearing concerning the siblings of Poppi Worthington involving evidence about the interpretation of post-mortem findings given by six professional witnesses.
- Re D (A Child) (No 3)  EWFC 1
Care proceedings in which Munby P sets out key principles to consider in cases involving parents with learning disabilities.
- Maughan v Wilmot  EWHC 29 (Fam)
Unsuccessful application by a husband to set aside an order fixing his liability to pay child maintenance on the basis that the term stating that he could be validly served by email was a contravention of “The Hague Convention on Service”).