The list below is of key judgments published this year. Click the folders on the left hand side to browse the archive of judgments now available on the site since we started publishing in 2005.
- S (A Child)  EWCA Civ 325
Case summary coming soon
- U (Children)  EWCA Civ 334
Case summary coming soon
- 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
- Arif v Anwar  EWHC 4669 (Fam)
Judgment arising from an application by a wife to enforce arrears accruing under an order for maintenance pending suit order, and from the husband’s cross-application to vary the order and remit arrears accrued.
- Patel v Mirza  EWCA Civ 1047
Appeal against an order dismissing a claim for repayment of £620,000 paid to the respondent for the purposes of an illegal agreement. Appeal allowed.
- 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.
- O'Kelly v Davies  EWCA Civ 1606
The Court of Appeal dismissed D’s appeal of HHJ Vosper QC’s decision that D was holding a property on trust for C and herself in equal shares
- 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.
- 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.
- 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.
- S v S  EWHC 4732 (Fam)
Wife’s financial remedy orders application in big money case with assets totalling £25 million. The wife was awarded £5.6 million (equivalent to 22% of the assets).
- 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
- 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.
- Z-O'C (Children)  EWCA Civ 1808
Appeal against supervision orders allowed on basis that there should have been further assessment of the parents
- 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
- JL v SL (No 2)  EWHC 360 (Fam)
Second judgment in financial remedy proceedings in which Mostyn J discusses the court’s approach to (a) an inheritance received by the wife shortly before separation and (b) post separation accrual in the hands of the husband.
- JL v SL (No 1)  EWHC 3658 (Fam)
Appeal in financial remedy proceedings by a wife in relation the treatment of her inherited assets and spousal periodical payments. Appeal allowed.
- 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
- Dickson v Rennie  EWHC 4306 (Fam)
Judgment as to whether, in order for a “top-up” order for child periodical payments to be made, it is necessary for the Child Maintenance Service to have made a maximum assessment.
- 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
- Re A (A Child)  EWFC 11
The President reminds practitioners of the importance of three fundamental principles within s.31 applications
- 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 9
Fact-finding hearing in care proceedings concerning a child, where her sibling had been killed by the mother's boyfriend.
- AB v TB (Temporary Removal to Jordan)  EWHC 4663 (Fam)
Application by father to take children on holiday to Jordan. Expert evidence to the effect that the children’s legal position in Jordan could be secured to a large, but not complete, extent. Order granted, subject to safeguards, on the basis that the father’s evidence that he intended to return was accepted.
- 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.
- ZA v AS  EWHC 2630 (Fam)
Judgment arising from cross-applications for financial orders brought under the Matrimonial and Family Proceedings Act 1984, although both parties agreed that the case should be dealt with as if it were brought under the Matrimonial Causes Act.
- 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.
- BD v FD  EWHC 4443 (Fam)
Moylan J rejects a wife’s maintenance pending suit application on the basis that her interim budget manifestly exceeded the standard of living of the marriage and that court intervention was not required to ensure her interim needs were met
- 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.
- SC v YD  EWHC 2446 (Fam)
Application by the father to appeal the decision of a Deputy District Judge that a document entitled ‘agreement between SC and YD’ be included as evidence in a forthcoming final hearing under TOLATA 1996
- Re MM (A Child: Relocation)  EWFC B176
Application by mother to relocate to South Africa with her child, aged 15 months at the time of the judgment. Permission to the mother was granted.
- 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
- Mann v Mann  EWHC 1801 (Fam),  EWHC 2032 (Fam),  EWHC 3818 (Fam)
Three judgments by Mostyn J arising from applications for enforcement by a wife of financial remedies order made against her husband.
- Lancashire County Council v T & Others (Habitual Residence: Care Proceedings)  EWHC 3321 (Fam)
Judgment determining that five children were habitually resident in England and Wales for the purpose of care proceedings.
- 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.
- B v B  EWHC 4545 (Fam)
Financial remedies appeal involving issues surrounding maintenance in circumstances where the husband’s income comprised a large element of bonus and housing allowance, and the appropriate division of capital so as to meet both parties’ needs
- M (Children)  EWCA Civ 1753
Parents successfully appeal against the making of a special guardianship order in favour of foster carers
- E (A Child)  EWCA Civ 1754
Appeal brought by the mother of M against the making of an interim care order. Re S B  1 AC 678 considered. Appeal dismissed.
- X-N (A Child)  EWCA Civ 1775
Father’s appeal against a decision to permit the mother to take their daughter to China for a 4 week visit
- AA V BB 2014 EWHC 4210
Judgment of Moylan J involving a complex multi-jurisdictional procedural history, analysis of Articles 12 and 13 of Council regulation No 4/2009 ‘the Maintenance Regulation’ and the law on setting aside the grant of leave
- S (A Child)  EWCA Civ 1682
Application by a mother to appeal orders arising out of an intractable contact dispute
- R (A Child)  EWCA Civ 1664
Appeal by the father against an order that there should no order for contact with his 12 year old daughter
- 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.
- McHugh v McHugh  EWCA Civ 1671
Court of Appeal’s determination in financial remedies appeal as to the extent of the appellate court’s jurisdiction where permission to appeal has only been granted on limited grounds
- London Borough of Barking & Dagenham v SS  EWHC 4436 (Fam)
Hayden J refused LA’s application for secure accommodation order in relation to 15-year old victim of child trafficking and sexual exploitation.
- Y v Y (Financial Remedy - Marriage Contract)  EWHC 2920 (Fam)
Judgment in financial remedy proceedings in which the central issue was the extent to which the wife was entitled to a full share of the marital acquest owing to a marriage contract the parties entered into under French law.
- SS v NS (Spousal Maintenance)  EWHC 4183 (Fam)
Judgment following final hearing in ancillary relief proceedings where the assets were £3.3 million.
- B (Children)  EWCA Civ 1623
Appeal by father against findings of fact potentially relevant in proceedings concerning two children and arising from applications for shared residence, contact and a prohibited steps order not to move the children from the local area.
- P (A Child)  EWCA Civ 1648
Father’s appeal against care and placement orders determining whether the accepted inadequacies of the judgment at first instance were such that, notwithstanding the advantage the trial judge had of hearing evidence, the appeal should be allowed. Appeal dismissed.
- Mann v Mann  EWCA Civ 1674
Appeal concerning the question whether Mostyn J had jurisdiction to order the Husband to make payments to the Wife prior to the determination of the Wife’s enforcement proceedings
- London Borough of Tower Hamlets v TB and Others  EWCOP 53
The Court of Protection considers the appropriate placement for an adult without capacity, what if any contact she should have with her husband, whether she is capable of consenting to sexual relations with her husband and whether her care regime amounts to a deprivation of liberty