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.
- W (A Child - Temporary Removal From the Jurisdiction)  EWFC 4
Case summary coming soon
- B v B (Fertility Treatment - Paperwork Error)  EWHC 599 (Fam)
Case summary coming soon
- Assoun v Assoun [No 2]  EWCA Civ 179
Case summary coming soon
- Assoun v Assoun [No 1]  EWCA Civ 21
Case summary coming soon
- Owens v Owens  EWCA Civ 182
Appeal by wife from the refusal to grant her a decree nisi of divorce following a petition founded on section 1(2)(b) of the Matrimonial Causes Act 1973 even though the judge had, correctly, found as a fact that the marriage has broken down.
- Re TL  EWCOP 1
Unsuccessful application for permission to appeal against orders made in proceedings concerning a 41-year-old woman with a learning disability and some features of autism.
- Re SU and SA (Children)  EWHC 441 (Fam)
Judgment of Baker J following a referral by HM Passport Office regarding renewal of British passports in the names of three teenage girls (two of whom were wards of court) who were living in Australia with their father and whose mother objected to the renewal.
- Re B (A Child by her Guardian)  EWHC 488 (Fam)
Application by non-biological mother for a child arrangements order in respect of B, now living with the mother in Pakistan, to spend time with the applicant, for telephone and Skype contact, and for indirect contact by way of letter.
- HB v A Local Authority and Anor (Wardship - Costs Funding Order)  EWHC 524 (Fam)
Judgment of MacDonald J determining whether the High Court has power, under its inherent jurisdiction, to make a costs funding order against a local authority requiring it to fund legal advice and representation for a parent in wardship proceedings brought by the local authority where that parent had lawfully been refused legal aid.
- DW and Another v CG  EWHC 2965 (Fam)
Appeal concerning the effect of Party A’s bankruptcy and declaration of trust on Party B’s equitable interest in Party A’s property arising out of an historical consent order.
- Ilott v The Blue Cross & Ors  UKSC 17
Supreme Court judgment concerning quantum of award under the Inheritance (Provision for Family and Dependants) Act 1975 to the estranged daughter of the deceased whose will made no provision for the daughter.
- DJ v Secretary of State for Work and Pensions and TJ (CSM) (Child support - receipt of benefit)  UKUT 83 (AAC)
Appeal concerning whether a father’s liability to pay child support should end when a child is in full-time employment. Appeal allowed and remitted for rehearing.
- Martin v Williams  EWHC 491 (Ch)
Appeal by widow of deceased against an award under the Inheritance (Provision for Family and Dependants) Act 1975 in favour of the deceased's partner who was living with him at the time of his death.
- Re C (A Child)  EWHC 3473 (Fam)
Application by local authority, under the inherent jurisdiction, to seek permission pursuant to section 100 of the Children Act 1989 to obtain the court's authorisation of what the local authority contended is the deprivation of liberty of 15-year-old in his current residential unit.
- I County Council v TD & Others  EWHC 379 (Fam)
Twelve month supervision order made in respect of four children who were to remain in their mother’s care, against the recommendation of the Guardian that a care order be made. Orders for direct and indirect contact made in respect of the respective fathers. Consideration given to the difference between a care order and supervision order.
- J v U; U v J (No.2) (Domicile)  EWHC 449 (Fam)
Application for the dissolution of a marriage where the domicile of the parties was in dispute.
- Norman v Norman  EWCA Civ 120
The Court of Appeal refuses permission to appeal a refusal to set aside a financial remedies consent made order in 2005 following a similar decision in the case in 2010. The Court considered the law on res judicata, estoppel and the court’s powers under s31F(6) MFPA 1984 and FPR 2010 r4.1(6).
- SW & TW (Human Rights Claim: Procedure) (No1)  EWHC 450 (Fam)
Judgment in proceedings concerning two siblings and involving cross-applications for private law orders, an application by the local authority for public law orders and applications brought under section 7 of the Human Rights Act 1998 for declarations and damages.
- Roberts & Anor v Fresco  EWHC 283 (Ch)
Application for permission to amend a claim form, the central question being whether a potential Inheritance Act claim by a surviving husband against his deceased wife’s estate abates on the death of the husband.
- Re S (A Child)  EWCA Civ 1345
Successful appeal to the Court of Appeal in respect of a direction admitting a report (albeit on the basis that an addendum to that report should also be filed) which had been found to be “fundamentally flawed” by the Court of Appeal in an earlier appeal.
- A v R and Another (Declaration of Parentage)  EWHC 396 (Fam)
Declaration of parentage made where the wrong forms were signed after the couple's child was born following fertility treatment.
- T (A Child)  EWFC 19
Final hearing in contested adoption proceedings where the mother had not been notified of the application for an adoption order or the father’s successful application for leave to oppose because her whereabouts were unknown.
- Lachaux v Lachaux  EWHC 385 (Fam)
Mostyn J determined applications relating to the status of a Dubai divorce and set out his interpretation of s2(1)(b)(i) of the FLA 1986, which was said to provide a jurisdictional basis for the mother’s Children Act application.
- R (A Child - Care Order)  EWHC 364 (Fam)
Judgment in a re-hearing in care proceedings in relation to a child, whose mother accepted that she had a long, chronic history of substance misuse. The two central issues were: (i) the interpretation of hair strand test results, and (ii) resolution of the child's welfare.
- K v K  EWHC 3380 (Fam)
Francis J grants a certificate of entitlement to a decree of nullity in circumstances where both parties agreed that there was nothing capable of recognition as a marriage and where the purported ‘marriage’ was unregistered and probably bigamous.
- G v S  EWHC 365 (Fam)
Judgment determining unresolved issues arising from a claim under Schedule 1 to the Children Act 1989, in particular a provision seeking to restrict the mother and child from purchasing a replacement property outside England and Wales, effectively to prevent external relocation before a specified stage in the child's education.
- B v L  EWFC 67
Judgments of Mr Justice Francis in respect of a husband’s challenge on jurisdiction in divorce proceedings.
- A Local Authority & Anor v MC & Ors (Care proceedings) (Inherent Jurisdiction)  EWHC 370 (Fam)
Care proceedings and an application under the inherent jurisdiction for a declaration of lawfulness of withholding invasive treatment.
- A and B (Findings against social worker)  EWFC 68
Application for permission to appeal by a social worker involved in care proceedings, against whom finding had been made by the trial judge.
- Wodzicki v Wodzicki  EWCA Civ 95
Appeal asserting sole beneficial ownership in an English property by virtue of on an alleged common intention constructive trust or alternatively, by way of proprietary estoppel.
- H (A Minor) v Northamptonshire County Council & Anor  EWHC 282 (Fam)
Keehan J’s judgment in H (a minor) provides useful and timely guidance for practitioners and the LAA on the proper procedure for pursuing HRA claims issued during the course of care proceedings.
- Re DD  EWHC 3546 (Fam)
Exercising inherent jurisdiction, Baker J applied the welfare principle to order summary return of an abducted child to a non-Hague Convention jurisdiction.
- Re K and D (Wardship Without Notice Return Order)  EWHC 153 (Fam)
Without notice application by a local authority seeking permission to invoke the inherent jurisdiction of the High Court and, thereafter, seeking orders in wardship in respect of two British children, aged 15 and 13, including orders for their summary return to this jurisdiction from Cyprus.
- W v X (Jurisdiction in matters of parental responsibility)  EUECJ C-499-15
Judgment of European Court of Justice concerning a matter of jurisdiction in relation to parental responsibility and determining that jurisdiction should lie with the courts where the child is habitually resident.
- Steinfeld & Keidan v Secretary of State for Education  EWCA Civ 81
Appeal against the dismissal of a challenge against the Secretary of State for Education's decision not to make or promote changes to the 2004 Act to remove the prohibition on different-sex couples entering into a civil partnership.
- Thakkar v Thakkar & Ors  EWFC 13
Fact finding (financial remedy) – determination of preliminary issues as to extent of husband’s and third parties’ beneficial interests in approximately. sixty international company entities, consideration of ‘sham’ / bare trust / nominee arguments.
- J (A Child) (Finland) (Habitual Residence)  EWCA Civ 80
Court of Appeal dismisses a father’s appeal against the decision that the English courts lacked jurisdiction in relation to proceedings he wished to bring in relation to his son living in Finland.
- M (Children - Care Proceedings: Passport Order)  EWCA Civ 69
Appeal against an open-ended order denying a father the return of his passports.
- CZ (Human Rights Claim: Costs)  EWFC 11
Judgment in respect of claim under the Human Rights Act 1998 by parents and child for damages against a local authority in respect of an interim care order and section 20 agreement.
- Hayatleh v Mofdy  EWCA Civ 70
The Court of Appeal’s judgment in relation to the validity of a Syrian marriage; displacing the presumption of marriage.
- Re X (A Child)  EWHC 158 (Fam)
Judgment of Munby P granting, inter alia, a without notice location order in a case where relief was required to enforce an order made by the Scottish Court.
- EE and ME (Children) (Habitual Residence)  EWHC 3363 (Fam)
Judgment of Baker J concerning the habitual residence of two children and whether the courts of England and Wales had jurisdiction to hear the Father’s application under the Children Act 1989.
- A v W and Others No 1 (Fact Finding)  EWFC 64
Fact finding hearing within care proceedings concerning two young children.
- A v W and Others No 2 (Welfare)  EWFC 8
Judgment of Theis J in care proceedings in which she (i) refused an application by the mother for further assessment after a fact-finding hearing concerning non-accidental injuries; and (ii) made care and placement orders in respect of two infant children.
- Wdowiak v Poland - 2876-12 (Judgment (Merits and Just Satisfaction) - Court (Fourth Section))  ECHR 133
Judgment of the European Court of Human Rights as to whether the state of Poland had violated the applicant’s article 8 right to family life by failing to take sufficient steps to enforce his rights to spend time with his son. The Strasbourg court found no such violation.
- Norman v Norman  EWCA Civ 49
Gloster LJ clarifies the law on anonymising reports of financial remedies appeals to the Court of Appeal.
- Re CA (Natural Delivery or Caesarean Section)  EWCOP 51
Court of Protection decision concerning a young pregnant woman, with a diagnosis of autism and a learning disability, and the question of how she should deliver her child.
- Cheshire & Wirral Partnership NHS Foundation Trust v Z  EWCOP 56
Application by Cheshire and Wirral Partnership NHS Foundation Trust in respect of medical treatment of Z, a 46 year old woman with anorexia nervosa.
- Re S (A Child)  EWCA Civ 44
A mother’s appeal, in private law proceedings, against the determination that ten allegations she had made were not proved.
- Re TJ (Relinquished for adoption: sibling contact)  EWFC 6
Judgment concerning the issue of post-adoption contact between two half-siblings.
- Re SL (Permission to Vaccinate)  EWHC 125 (Fam)
Application by a local authority under the inherent jurisdiction for a declaration that it was in SL’s best interests to receive two immunisations.
- X v X  EWHC 3512 (Fam)
Judgment by Bodey J in favour of anonymising a judgment he had previously handed down in a financial remedy application.
- Re MM (A Patient)  EWCA Civ 34
An appeal from the Court of Protection in which the appellant had been ordered to facilitate MM’s return to this jurisdiction, the court having found (on a number of occasions) it to be in MM’s best welfare interests to be cared for in the south west of England. The parties compromised the appeal and the court was asked to approve a consent order, allowing the appeal, on the basis that (i) the order made had become otiose and (ii) it would be futile to subject the appellant to further coercive orders in the face of her continuing obduracy. Case remitted to the court of first instance for the proceedings to be concluded.
- Re P and O (Child Abduction: Anticipatory Breach)  EWHC 3535 (Fam)
An unsuccessful application under the Hague Convention 1980 seeking an order for the summary return of two children to Australia. The court found that the children were habitually resident in the UK at the date on which the children were allegedly 'wrongfully retained' and the Convention did not apply. The father's application therefore failed.
- London Borough of Hackney v Williams & Anor  EWCA Civ 26
Appeal by London Borough of Hackney against judgment finding it liable for failing to comply with its statutory duty under the Children Act 1989 section 20.
- Briers v Briers  EWCA Civ 15
Husband’s appeal against financial remedies order turning principally on two issues: a factual determination as to a 2005 agreement, and delay. Ryder LJ’s judgment reiterates that, in a delay case, it is “beyond argument that the significant delay in making the claim is one of the major factors in play in the subsequent assessment by the court”and considers Wyatt v Vince.
- Iqbal v Iqbal  EWCA Civ 19
Court of Appeal judgment considering the impact of various procedural irregularities on interim and final hearings, and in respect of enforcement proceedings, where the salient issue was the availability of otherwise of family resources to H.
- DB v PB  EWHC 3431 (Fam)
Judgment of Francis J in relation to the wife’s applications for ancillary relief and provision under schedule 1 Children Act 1989 and the husband’s application for sale of the former matrimonial home pursuant to s.17 of the MWPA 1882.
- J v B (Ultra-Orthodox Judaism: Transgender)  EWFC 4
Contact application by a father who now lives as a transgender person in respect of his children who live with their mother in a Charedi community.
- Johnson v Takieddine & Anor  EWHC 1895 (Fam)
Application by a wife under Part III of the Matrimonial and Family Proceedings Act 1984 following foreign divorce in France.
- Gakharia v Georgia - 30459-13 (Judgment (Merits and Just Satisfaction) - Court (Fourth Section))  ECHR 41
Complaint to the ECtHR that the Georgian Government had breached the applicant’s Article 6 and Article 8 rights by failing to properly summon him to proceedings in which the domestic court restricted his parental rights.
- Re N (Hague Convention - Habitual Residence)  EWHC 63 (Fam)
Judgment of Cobb J in relation to a mother’s application under The Hague Convention and BIIA seeking the return of her daughter N.
- Goyal v Goyal (No. 3)  EWFC 1
Judgment by Mostyn J as to whether a declaration of ownership of pension rights had been set aside by the Court of Appeal, applicability of issue estoppel, a double-limbed periodical payments order and a ‘bolstering injunction’.
- A v B (jurisdiction - Brussels II)  EWHC 2982 (Fam)
Short judgment of Keehan J interpreting the provisions of the court’s residual jurisdiction to hear a Children Act application under s.2(1)(b) of the Family Law Act 1986.
- Bezeliansky v Bezelianskaya  EWCA Civ 76
Appeal regarding the working out and enforcement of orders for financial provision made at the conclusion of divorce proceedings between wealthy Russian spouses.
- Egeneonu v Egeneonu  EWHC 43 (Fam)
Application by mother for a declaration that the contempts of the father, who had removed the parties' children to Nigeria, were criminal, and not merely civil.
- In the Matter of the Human Fertilisation and Embryology Act 2008 (Case K)  EWHC 50 (Fam)
Application brought by X (supported by his partner, Y) seeking, together with other relief, a declaration pursuant to section 55A of the Family Law Act 1996 that he is, in accordance with sections 36-37 of the Human Fertilisation and Embryology Act 2008, the legal parent of C1 and C2, where the registrar had refused to register X as C1 and C2’s father because X and Y could not produce the necessary written consents.
- In the Matter of the Human Fertilisation and Embryology Act 2008 (Cases P, Q, R, S, T, U, W and X) Neutral Citation Number:  EWHC 49 (Fam)
Judgment in respect of eight cases in which the partner of the mother of a child born as a result of IVF treatment had applied for a declaration that the partner is the child's legal parent, following administrative failure by the treating clinic.
- AB (Surrogacy: Domicile)  EWFC 63
An application for parental orders in relation to two children in which the court had to determine whether at least one of the applicants could be said to be ‘domiciled’ in the jurisdiction at the time of the application and at the time of making the order, as required by section 54(4)(b) of the Human Fertilisation and Embryology Act 2008.
- Babiarz v Poland - 1955-10 (Judgment (Merits and Just Satisfaction) - Court (Fourth Section))  ECHR 13
Application to the European Court of Human Rights concerning an alleged breach of the applicant’s Article 8 and Article 12 rights.
- N (Deprivation of Liberty Challenge)  EWCOP 47
Judgment of Peter Jackson J in the Court of Protection in which he upheld one-to-one supervision of P as proportionate and necessary, and authorised extended deprivation of liberty now beyond two and a half years.
- X v X (application for a financial remedies order)  EWHC 1995 (Fam)
Judgment of Mr Justice Bodey considering the following issues, amongst others: whether a discretionary trust of which the husband was the primary beneficiary was a financial ‘resource’ available to him; the quantum of a discount to be applied to the value of the husband’s shares in a company; unmatched financial and domestic contributions by the husband; and whether to make a sharing or needs-based award.
- MR v SR & Anor (application for costs  EWCOP 54
Application for costs in the Court of Protection.
- A & Ors (Children - Scottish adoptions)  EWHC 35 (Fam)
Judgment by Sir James Munby P considering preliminary issues in six cases involving an application for adoption under the Adoption and Children Act 2002 by prospective parents, living in England, of children who were living with them and in relation to each of whom a Scottish Sheriff had made a permanence order with authority to adopt under sections 80 and 93 of the Adoption and Children (Scotland) Act 2007.
- Briggs v Briggs & Ors  EWCOP 53
Judgment as to whether life-preserving treatment should be withdrawn from patient in a minimally conscious state.
- Re C (A Child)  EWHC 3171 (Fam)
Judgment in relation to the application by the Secretary of State for the Home Department to discharge a disclosure order providing for the disclosure into public children law proceedings of information that she held.
- Abertawe Bro Morgannwg University Local Health Board v RY & Anor  EWHC 3256 (Fam)
Application to the Court of Protection for declarations as to capacity and best interests in relation to an 80-year old patient who had suffered a cardiac arrest some five months prior to the application. Concern expressed by Hayden J for a tendency in CoP cases to “adjourn these difficult applications for a wide and ever varying variety of enquiry”.
- AB & Anor v GH  EWHC 2063 (Fam)
Theis J considers the issue of domicile of choice in the context of section 54 HFEA 2008 in relation to applicants whose domicile of origin was Germany.
- M v F  EWHC 3194 (Fam)
Mother’s application for permission to relocate her two children out of the jurisdiction to the state of Utah in the USA. The move was opposed by the father and the Children’s Guardian, but permitted by the court.
- L (A Child)  EWCA Civ 1297
Appeal restating the court’s power to grant contact orders pursuant to Council Regulation (EC) No2201/2003 (“Brussels II revised”).
- Re GDF and BD  EWHC 3312 (Fam)
Two linked applications for claims for damages and declarations under the Human Rights Act 1998 in the context of public law children proceedings.
- AB v FC  EWHC 3285 (Fam)
Wife’s application for financial remedies after a short marriage (with one young child) during which there was no marital acquest.
- Magiera v Magiera  EWCA Civ 1292
Appeal concerning the jurisdiction provisions of Brussels I in relation to the appellant’s unsuccessful application to dismiss or stay proceedings brought in relation to a London House under TLATA.