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.
- Re A and B (Prohibited Steps Order at Dispute Resolution Appointment)  EWFC B16
Case summary will follow soon
- Re L (A Child)  EWFC 15
Case summary coming soon
- Z-O'C (Children)  EWCA Civ 1808
Case summary coming soon
- 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
Case summary coming soon
- JL v SL (No 2)  EWHC 360 (Fam)
Case summary coming soon
- JL v SL (No 1)  EWHC 3658 (Fam)
Case summary coming soon
- G (A Child)  EWCA Civ 119
Case summary coming soon
- 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