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Judgments

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 (A Child) (Vulnerable Witness) [2013] EWHC 1694 (Fam)
  Judgments (19/06/2013)
  Case summary coming soon
• B v B [2013] EWHC 1232 (Fam)
  Judgments (19/06/2013)
  Case summary coming soon
• Re H-L (A Child) [2013] EWCA Civ 655
  Judgments (13/06/2013)
  Appeal by mother in care proceedings against the refusal to permit her to instruct three expert medical witnesses. Appeal allowed and guidance given by the President concerning the test for permitting expert evidence to be adduced under r 25.1 of FPR 2010.
• W (A Child) EWCA Civ 662
  Judgments (13/06/2013)
  Appeal by parents against findings of fact in respect of injuries to a ten-month old child. Appeal dismissed.
• T v M [2013] EWHC 1585 (Fam)
  Judgments (13/06/2013)
  Appeal by husband against striking out of application to vary a maintenance order. Appeal dismissed.
• In the matter of B (A Child) [2013] UKSC 33
  Judgments (12/06/2013)
  Appeal to the Supreme Court by parents concerning the application of the criteria for making a care order under section 31 of the Children Act 1989 when the risk is of future psychological or emotional harm, and the role of the appellate courts once the trial judge has made an order. Appeal dismissed (Baroness Hale of Richmond dissenting).
• Prest v Petrodel Resources Limited and others [2013] UKSC 34
  Judgments (12/06/2013)
  Appeal to the Supreme Court by a wife concerning properties vested in several companies and whether they could be treated in ancillary relief proceedings as beneficially belonging to the husband. Appeal allowed unanimously.
• A Council v M & Ors (Judgment 4: Foreign Adoption: Refusal of Recognition) [2013] EWHC 1501 (Fam)
  Judgments (06/06/2013)
  Application for a declaration that the adoption of a 7 month old child in Kazakhstan is recognised in England and Wales; and a cross-application by the child's guardian that the adoption is not so recognised. Held that the adoption is not recognised by the law of England and Wales.
• O (A Child) [2012] EWCA Civ 1955
  Judgments (06/06/2013)
  Appeal against order granting leave to remove, financial considerations relevant as well as welfare. Appeal dismissed.
• T (Children) [2013] EWCA Civ 618
  Judgments (05/06/2013)
  Application for permission to appeal against orders reducing father’s contact and an order not dealing with the application to change the child’s name. Permission granted and appeal allowed.
• Z & Ors v News Group Newspapers Ltd & Ors (Judgment 2) [2013] EWHC 1371 (Fam)
  Judgments (05/06/2013)
  High Court application to determine the continuation or discharge of a reporting restriction made in respect of a criminal trial
• Z & Ors v News Group Newspapers Ltd & Ors (Judgment 1) [2013] EWHC 1150 (Fam)
  Judgments (05/06/2013)
  Application under High Court’s inherent jurisdiction to restrict reporting of a criminal trial
• Imerman v Imerman [2012] EWHC 4047 (Fam)
  Judgments (31/05/2013)
  Application by wife for disclosure of correspondence between husband and third parties in respect of which he claimed privilege
• Mohan v Mohan [2013] EWCA Civ 586
  Judgments (29/05/2013)
  Admissibility of documents and statements made within enforcement of financial remedy orders.
• Re A (Interim Contact - Observations on Parents) [2012] EWHC 4273 (FAM)
  Judgments (29/05/2013)
  Acrimonious dispute concerning contact arrangements for the parties’ four year old child
• Re: E & F (Assisted Reproduction: Parent) [2013] EWHC 1418 (Fam)
  Judgments (30/05/2013)
  Cobb J considers the Human Fertilisation and Embryology Act 2008 and whether non-compliance with the statutory regime should result in a declaration that the partner was not the legal parent of the child.
• Z & Z, Re [2013] EWHC 747 (Fam)
  Judgments (29/05/2013)
  Application under the inherent jurisdiction for recognition of Brazilian adoption of two young children
• J v G [2013] EWHC 1432 (Fam)
  Judgments (29/05/2013)
  Application for parental orders under s.54 of the Human Fertilisation and Embryology Act 2008 re. twins born following a Californian surrogacy arrangement
• Tchenguiz -Imerman v Imerman [2012] EWHC 4277 (Fam)
  Judgments (28/05/2013)
  Application for party status by the husband’s adult children, who were beneficiaries of offshore trusts, which were subject to an application for variation of post-nuptial settlement
• Re S (A Child) [2013] EW Misc 2 (CC)
  Judgments (23/05/2013)
  Finding of Fact Hearing in Respect of a Number of Fractures Sustained by S aged 3 months
• Y County Council v ZZ [2012] EWHC B34 (COP)
  Judgments (23/05/2013)
  Application in Court of Protection for declarations as to litigation capacity and capacity to decide on restrictions relating to supporting residence and care of a 22 year old man who has a learning disability
• Re J (a child) (Learning Disabled Parent) [2013]
  Judgments (22/05/2013)
  Local Authority application for a supervision order in respect of a child, who it had been decided could remain in the care of his mother, with the appropriate support to be given to her to care for him in the light of her learning disabilities.
• Re J (a child) (Learning Disabled Parent) [2012]
  Judgments (22/05/2013)
  Local Authority application for a supervision order in respect of a child
• MR v Habboo for Kent County Council [2012] EWHC 4258 (Fam)
  Judgments (22/05/2013)
  Judgment in fact finding hearing concerning a number of injuries to a 30 day old baby
• MR (A Child) [2013] EWHC 1156 (Fam)
  Judgments (22/05/2013)
  Welfare hearing following fact finding hearing. Consideration of mother's application for further assessment.
• A (A Child), Re [2013] EWCA Civ 543
  Judgments (17/05/2013)
  Appeal against variation of interim contact and "findings" made within contact application.
• CR v SR [2013] EWHC 1155 (Fam)
  Judgments (17/05/2013)
  Permission to appeal given to husband appealing a District Judge’s financial remedy order. (Guidance given as to test to be applied when permission to appeal sought and re principle of equality in ancillary relief applications)
• R v R [2011] EWHC 1535 (Fam)
  Judgments (16/05/2013)
  Application for declaration of parentage, with cross application for step parent responsibility, residence and contact.
• Re D (A Child) [2012] EWHC 4231 (Fam)
  Judgments (15/05/2013)
  Fact Finding hearing to consider whether a couple who had returned to the UK with a baby from Nigeria was aware that the woman had undergone a staged labour and that the child was not biologically theirs
• IH (A Child) (Permission to Apply for Adoption) [2013] EWHC 1235 (Fam)
  Judgments (15/05/2013)
  Application for permission to apply to adopt a child where the child had not lived with the applicants for three years out of the five preceding the application and the child's visa to the UK had expired. Permission refused.
• DR v GR and Others (Financial Remedy: Variation of Overseas Trust) [2013] 1196 (Fam)
  Judgments (13/05/2013)
  Application under s.24(1)(c) MCA 1973 for variation of a post nuptial settlement (Mostyn J’s judgment includes guidance regarding the issue of joinder of Trustees in variation of settlement cases)
• Slutsker v Haron Investments Ltd & Anor [2013] EWCA Civ 430
  Judgments (09/05/2013)
  Appeal concerning beneficial ownership of property held on discretionary trust.
• PC & Anor v City of York Council [2013] EWCA Civ 478
  Judgments (09/05/2013)
  Court of Protection judgment concerning (1) whether the question of capacity is issue specific or person specific and (2) the relationship between capacity to marry and capacity to cohabit.
• L (A Child) [2013] EWCA Civ 489
  Judgments (09/05/2013)
  Appeal by mother against an interim care order which sanctioned the continued removal of her 4 month old baby from her care. Appeal allowed and an interim supervision order substituted.
• Vince v Wyatt [2013] EWCA Civ 495
  Judgments (08/05/2013)
  Husband’s appeal against refusal of his application to strike out ex-wife’s financial remedies claim which had been made over 18 years after decree absolute
• LB v The London Borough of Merton [2013] EWCA Civ 476
  Judgments (02/05/2013)
  Appeal of placement order on the basis that it had not been permissible for the local authority to go to its adoption panel, or for the Court to make a placement order, in circumstances where the child was not subject of an interim care order but accommodated under s 20.
• R (on the application of T) v Legal Aid Agency [2013] EWHC 960 (Admin)
  Judgments (02/05/2013)
  Successful judicial review of the Legal Aid Agency’s decision to refuse to pay the full costs of a parenting assessment within public law proceedings.
• S v S [2013] EWHC 991 (Fam)
  Judgments (01/05/2013)
  Judgment re. application to reopen financial remedy proceedings in a “big money” case in which Heads of Agreement and a Consent Order were approved by the court but the order was not yet sealed.
• C (A Child) [2013] EWCA Civ 431
  Judgments (29/04/2013)
  Appeal of decision to refuse natural father permission to oppose Adoption Order when paternity of the subject child had only recently been determined. (The President of the Family Division also stipulates the steps that must be taken in applications to the Court of Appeal for permission to appeal against placement orders (or orders consequent upon such orders).
• A Council v M & Ors (Judgment 3: Reporting Restrictions) [2012] EWHC 2038 (Fam)
  Judgments (29/04/2013)
  Application for reporting restriction order in respect of care proceedings involving four children. Order (with explanatory note) made.
• A Council v M & Ors (Judgment 2: Welfare) [2012] EWHC 4242 (Fam)
  Judgments (29/04/2013)
  Welfare hearing following fact-finding judgment. Care orders made, together with section 34(4) Children Act order. Application for section 91(14) Children Act order refused.
• A Council v M & Ors (Judgment 1: Fact-Finding) [2012] EWHC 4241 (Fam)
  Judgments (29/04/2013)
  Finding of fact hearing, exploitation of a child in order to cause her to become pregnant by artificial insemination in order that the mother could have another child.
• CR v MZ [2013] EWHC 925 (Fam)
  Judgments (26/04/2013)
  Hearing of two preliminary issues: (i) who was the beneficial owner of the former matrimonial home, and (ii) if that beneficial owner was a company, who was the beneficial owner of the shares in that company.
• Re Y and Z (Minors) [2013] EWHC 953 (Fam)
  Judgments (25/04/2013)
  Application by local authority as to whether two children, who were the subject of care proceedings, should be tested for Huntington's disease. Held that it was not in the welfare interests of the children to be tested.
• MO v RO & Anor [2013] EWHC 392 (Fam)
  Judgments (24/04/2013)
  Application for a declaration of marital status under the Family Law Act 1986 s. 55(1)(a). Held that there had not been a marriage.
• M (Children) [2013] EWCA Civ 388
  Judgments (24/04/2013)
  Appeal against findings of fact in private law children proceedings. Appeal dismissed.
• Devon County Council v EB & Ors (Minors) [2013] EWHC 968 (Fam)
  Judgments (24/04/2013)
  Fact finding hearing in High Court care proceedings. Multiple injuries to twins with complex familial medical history. Local authority unable to prove non accidental nature of injuries to requisite standard. Commentary on importance of experts and impact of modernisation reforms.
• A and S (Children) v Lancashire County Council [2013] EWHC 851 (Fam)
  Judgments (24/04/2013)
  Judgment on an application for costs against a local authority
• T v T [2013] EWHC B3 (Fam)
  Judgments (17/04/2013)
  Application by a husband to show cause why a separation agreement reached between the parties in 1991 should not be made an order of the court. Order incorporating the agreement granted.
• W (Children) [2013] EWCA Civ 335
  Judgments (17/04/2013)
  Appeal from order refusing applications for direct contact and parental responsibility.
• G (A Child) [2013] EWCA Civ 330
  Judgments (17/04/2013)
  Application by mother for permission to appeal against a care order which provided for long term foster care. Application granted.
• H, R (on the application of) v Kingston Upon Hull City Council [2013] EWHC 388 (Admin)
  Judgments (15/04/2013)
  Judicial review of the local authority’s decision to remove children, subjects of interim care orders, from the care of paternal grandparents. Declaratory relief granted.
• FT and NT (Children), Re [2013] EWHC 850 (Fam)
  Judgments (12/04/2013)
  Application by mother for the summary return of two children to Canada; issue raised as to their habitual residence. Application granted.
• CW v SG [2013] EWHC 854 (Fam)
  Judgments (12/04/2013)
  Application by mother for an order terminating father's parental responsibility and by father for a specific issues order requiring the mother to supply annual reports on child's progress. Mother's application granted, father's dismissed and consequential directions given.
• R v A [2013] EWHC 692 (Fam)
  Judgments (11/04/2013)
  Application by father under the Hague Convention for the reurn of children to USA; issue as to whether the children had come to the UK on a conditional or time-limited basis, or as a planned family relocation. Application granted.
• G-C (A Child) [2013] EWCA Civ 301
  Judgments (10/04/2013)
  Private children law: order for visiting contact to be extended to staying contact despite Cafcass recommendation (in oral evidence, which differed from his written report) to the contrary; Mother’s appeal allowed.
• W (A Child) [2013] EWCA Civ 314
  Judgments (11/04/2013)
  Appeal against an order permitting the suspension of contact between a mother and new born baby in care proceedings.
• ET, BT and CT (Children) v Islington [2013] EWCA Civ 323
  Judgments (10/04/2013)
  Appeal successful in judicial review proceedings, finding that the local authority approach to an assessment of risk to three children was flawed and unlawful.
• R (on the application of ES) v LB of Barking & Dagenham [2013] EWHC 691 (Admin)
  Judgments (03/04/2013)
  Application for judicial review of a Local Authority’s refusal to assess a child’s needs for the purpose of providing accommodation and support under section 17 Children Act 1989
• A-H (Children) [2013] EWCA Civ 282
  Judgments (03/04/2013)
  Appeal from findings of fact that father had perpetrated abuse – medical examination – no physical signs – whether “partial” summary of existing research provided by paediatrician
• GB (Children) [2013] EWCA Civ 164
  Judgments (03/04/2013)
  Application by mother for permission to appeal a refusal by the judge to adjourn care proceedings in order that she might seek alternative legal representation. Application granted but appeal dismissed.
• OC & OE (Children) [2013] EWCA Civ 162
  Judgments (03/04/2013)
  Mother’s appeal against interim care orders made in respect of her two youngest children.
• Re W (A Child) [2013] EWHC 653 (Fam)
  Judgments (28/03/2013)
  8-day fact-finding and welfare hearing concerning allegations of sexual abuse to three children. Allegations found and care and placement orders made.
• Re LM (A Child) [2013] EWHC 646 (Fam)
  Judgments (28/03/2013)
  Application, to which all parties consented, for the transfer of care proceedings from the Republic of Ireland to the English courts. The judgment considers the practicalities of achieving the transfer.
• LA v DG & Ors [2013] EWHC 734 (Fam)
  Judgments (28/03/2013)
  Care proceedings – chronic neglect – Slovak Roma family – care plans for adoption – application for intervener status by Slovak Central Authority
• Re S (A Child) [2013] EWHC 647 (Fam)
  Judgments (27/03/2013)
  High Court - Jurisdiction, recognition and enforcement of foreign judgments in matrimonial and parental responsibility matters under EC Regulation 2201/2003
• N v C [2013] EWHC 399 (Fam)
  Judgments (25/03/2013)
  Application for financial relief by mother under Schedule 1 to the Children Act 1989 where the parties' child resided with the father. Claim dismissed.
• I (A Child) & J (A Child) [2013] EWCA Civ 259
  Judgments (27/03/2013)
  Leave to appeal granted for both cases, the issue being whether habitual residence can be changed by those with parental responsibility summarily removing the children from the jurisdiction.
• B (Children) [2012] EWCA Civ 1933
  Judgments (27/03/2013)
  Appeal by local authority in care proceedings concerning two children in which the court had refused interim care orders and granted interim supervision orders. Appeal allowed.
• P -S (Children) [2013] EWCA Civ 223
  Judgments (22/03/2013)
  Appeal by a child who had been denied the opportunity to give oral evidence in care proceedings. Appeal dismissed.
• Arif v Anwar & Anor [2013] EWHC 624 (Fam)
  Judgments (22/03/2013)
  Financial remedy application – bankrupt husband - oral disclosure hearing – directions given for hearing of two preliminary issues
• Shami v Shami [2013] EWCA Civ 227
  Judgments (20/03/2013)
  Appeal by divorcing wife against the registration of charges upon a disputed property following matrimonial litigation in Israel. Appeal dismissed.
• Re L (A Child) [2013] EWCA Civ 179
  Judgments (20/03/2013)
  Appeal by special guardians against an interim care order removing child from their care. Appeal dismissed.
• C (A Child) [2013] EWCA Civ 204
  Judgments (20/03/2013)
  Appeal from the setting aside of a consent order for the summary return of a child pursuant to the provisions of the Hague Convention.
• PG v TW (No 2) (Child: Financial Provision) [2012]
  Judgments (20/03/2013)
  Mother’s application for orders under Schedule 1 to the Children Act 1989 including indemnity costs
• PG v TW (No 1) (Child: Financial Provision: Legal Funding) [2012] EWHC 1892 (Fam)
  Judgments (19/03/2013)
  Mother’s application for interim costs in Schedule 1 to the Children Act 1989 case.
• Re T (A Child: Article 15 of B2R) [2013] EWHC 521 (Fam)
  Judgments (18/03/2013)
  Proceedings in relation to a Slovakian mother, who is the subject of a care order in Slovakia, and her ten-month old son. Request made for transfer to Slovakian court. Art 15 of Brussels IIR applied and request granted.
• Kent County Council v. PA-K and IA (a child) [2013] EWHC 578 (Fam)
  Judgments (15/03/2013)
  International adoption – Clarification of implementation of English welfare plans in the USA. Consideration of apparent divergence of case law re “ordinary residence” and s.105(6) CA 1989 “disregard” provision.
• R (on the application of X) v London Borough of Tower Hamlets [2013] EWHC 480 (Fam)
  Judgments (14/03/2013)
  Judicial review of local authority policy on payments to family and friends foster carers. Policy declared unlawful.
• B (A Child) [2013] EWCA Civ 166
  Judgments (14/03/2013)
  Father’s appeal against a suspended sentence imposed upon him for six breaches of an injunction preventing publicity and harassment/interference with his daughter who was in a foster care placement.
• Evans v Evans [2013] EWHC 506 (Fam)
  Judgments (14/03/2013)
  Application for financial remedies in case involving assets of £40m. Issues of financial conduct and special contribution, and the definition of marital property were considered.
• Re H (A Child) [2013] EWCA Civ 148
  Judgments (14/03/2013)
  Appeal by the mother against the refusal of a summary return of the child to Mexico. Appeal dismissed.
• A London Borough v M [2012]
  Judgments (12/03/2013)
  Fact-finding hearing in care proceedings relating to a child, with a Vitamin D deficiency and rickets, who suffered 17 fractures. Application for care order dismissed.
• KS v ND (Schedule 1: Appeal: Costs) [2013] EWHC 464 (Fam)
  Judgments (12/03/2013)
  Mother’s appeal in Schedule 1 to the Children Act 1989 case in respect of orders capping the amount of school fees payable by the father for the parties’ 17 year old son and making no order for costs.
• Re A & B (Parental Order Domicile) [2013] EWHC 426 (Fam)
  Judgments (08/03/2013)
  Application for a parental order granted. Applicants had discharged the burden on them of proving the abandonment of their domicile of origin and the acquisition of a domicile of choice.
• TF v FF [2013] EWHC 390 (Fam)
  Judgments (07/03/2013)
  Wife’s application for permission to appeal a financial remedy order. Application granted only in respect of periodical payments order for the wife and subject to a condition that the costs recoverable by either party on the appeal be subject to a costs cap of £5000.
• ML v KW and Anor [2013] EWHC 341 (Fam)
  Judgments (07/03/2013)
  Finding of fact hearing within wardship and contact proceedings, allegations of domestic violence found to be proven.
• Re J (A Child) [2012] EWHC 3353 (Fam)
  Judgments (07/03/2013)
  Application for a declaration recognising the validity of a foreign adoption order. Application granted.
• AC v DC (No 2) [2012] EWHC 2420 (Fam)
  Judgments (07/03/2013)
  “Big money” financial remedy case – appropriate split of assets in light of pre-marital acquest - sale of husband’s shares in business envisaged with proportion of proceeds to be paid to wife – husband with limited life expectancy – consideration of whether wife’s claims should be adjourned generally if the sale did not proceed, or shares transferred to her
• AC v DC & Ors (Financial Remedy: Effect of s37 Avoidance Order) (No 1) [2012] EWHC 2032 (Fam) (19 July 2012)
  Judgments (07/03/2013)
  Application for avoidance of disposition order under s. 37(2) MCA 1973 – consideration of whether set aside operated retrospectively for all legal (including fiscal) purposes
• Aintree University Hospital NHS Foundation Trust v J [2013] EWCA Civ 65
  Judgments (06/03/2013)
  Appeal against refusal of a declaration in favour of a hospital trust relating to withdrawal of medical treatment in specified circumstances and for permission to place a “Do not attempt resuscitation” instruction on the First Respondent’s medical records.
• Y (A Child) [2013] EWCA Civ 129
  Judgments (06/03/2013)
  Application for permission to appeal against a return order to Cyprus under the Hague Convention Child Abduction Convention 1988 where it was argued by the mother that undertakings given to the Cypriot court did not have the force of a court order. Application granted but appeal dismissed.
• GB v RNB [2013] EWHC 414 (Fam)
  Judgments (06/03/2013)
  Appeal by mother against the registration in this jurisdiction of a Romanian court order granting the care of R to his father until proceedings in Romania were finalised. Appeal dismissed.
• S (A Child) [2012] EWCA Civ 1915
  Judgments (04/03/2013)
  Interim removal from family member following adjournment of fostering panel decision for approval. Findings made by Recorder unsupported by evidence. Child remained in placement under IRO and ISO.
• A London Borough v A [2012] EWHC 2203 (Fam)
  Judgments (28/02/2013)
  Decision to adjourn the Local Authority’s application for final care orders, enabling the Mother to attend therapy.
• G v P [2013] EWCC
  Judgments (28/02/2013)
  Application in the county court under Matrimonial Causes Act 1973, s 33 for an order for repayment of overpaid maintenance. Consideration as to whether an order must be ‘subsisting for the purposes of the section. Application granted.
• Re TC and JC (Children: Relocation) [2013] EWHC 292 (Fam)
  Judgments (26/02/2013)
  Mother’s application for leave to permanently remove two young children to Australia.
• T v T (Anti-arbitration injunction) [2012] EWHC 3462 (Fam)
  Judgments (25/02/2013)
  Application by wife for an Hemain order stopping the husband from progressing arbitration in State A in the USA pursuant to a pre-marital agreement while the wife’s proceedings in England were awaiting a decision on the husband’s application for a stay. Application dismissed. The court found that the husband was not behaving vexatiously or oppressively by invoking the arbitration clause in the pre-marital agreement.
• M (A Child) [2012] EWCA Civ 1905
  Judgments (20/02/2013)
  Appeal by father against outcome of trial on basis of a breach of Article 6 rights where no protective measures were put in place contrary to the recommendations of an expert.
• B (Children) [2012] EWCA Civ 1901
  Judgments (20/02/2013)
  Returned hearing before the Court of Appeal after a local authority had shown reluctance to implement the Court’s previous decision.
• AB v BB and Others [2013] EWHC 227 (Fam)
  Judgments (20/02/2013)
  Father’s application for direct and indirect contact and for expert risk assessment. Mother’s application for permission to change the children’s names.
• A London Borough v A & Ors [2013] EWHC 96 (Fam)
  Judgments (20/02/2013)
  Care proceedings; assessment of mother's ability to protect children from father found to be responsible for child's death.
• A Local Authority v K [2013] EWHC 242 (COP)
  Judgments (20/02/2013)
  Court of Protection application for a best interests decision in relation to the issue of contraception for, and sterilisation of, a vulnerable adult. General Guidance given.
• In the Matter of L and B (Children) [2013] UKSC 8
  Judgments (20/02/2013)
  Supreme Court. Appeal by father concerning whether and in what circumstances a judge who has announced her decision in civil or family proceedings is entitled to change her mind. Appeal unanimously allowed.
• In the Matter of J (Children) [2013] UKSC 9
  Judgments (20/02/2013)
  Supreme Court. Appeal by local authority concerning whether a child can be regarded as 'likely to suffer' harm for the purposes of s 31(2) of the Children Act 1989 if another child has been harmed in the past and there is a possibility that the parent now caring for him or her was responsible for the harm to the other child. The Supreme Court unanimously dismissed the appeal. Lady Hale gives the main judgment, Lord Wilson and Lord Sumption disagreeing on one point.
• RCW v A Local Authority [2013] EWHC 235 (Fam)
  Judgments (14/02/2013)
  Urgent application for injunctive relief under section 7 of the Human Rights Act 1998 to prevent the local authority from removing a child from a prospective adopter due to the prospective adopter’s loss of sight after an operation.
• H (A Child) EWCA Civ 72
  Judgments (13/02/2013)
  Appeal against a “relaxation” of restrictions to an interim contact order in the absence of a fact finding hearing.
• E (Children) [2012] EWCA Civ 1893
  Judgments (13/02/2013)
  Father’s appeal against an order granting the mother leave to remove the children permanently from the jurisdiction.
• N v A (Abduction from Pakistan) [2012] EWHC 3954 (Fam)
  Judgments (13/02/2013)
  Mother’s application for summary return to Pakistan of child.
• A (A Child), Re [2013] EWCA Civ 43
  Judgments (07/02/2013)
  Application by local authority for wasted costs order against firm of solicitors acting in care and placement for adoption proceedings in the High Court and Court of Appeal. Application dismissed.
• VK v JV [2012] EWHC 4033 (Fam)
  Judgments (07/02/2013)
  Application by the father pursuant to the Hague Convention for the return of two children, SK and AK, to Latvia. Held that the father had consented to the removal from Latvia of AK but that the removal of SK from that country was wrongful.
• Kremen v Agrest [2013] EWCA Civ 41
  Judgments (06/02/2013)
  Appeal by the intervener against an order refusing to make a charging order over a property which was beneficially owned by the husband and which represented the only available asset which might be used by him to satisfy an order to pay a lump sum to his wife. Appeal dismissed.
• Re K and HH (Children) [2013] EWHC 165 (Fam)
  Judgments (06/02/2013)
  Welfare hearing following from fact-finding hearing in which parents’ youngest child was found to have died as a result of non-accidental head injury and neither parent could be excluded as possible perpetrators – consideration of whether maternal grandparents could meet children’s needs or whether to make final care and placement orders
• AMV v RM [2012] EWHC 3629 (Fam)
  Judgments (06/02/2013)
  Judgment, in appeal by mother against residence order, relating to the decision of the district judge to visit the homes of the mother and the maternal grandparents in order to ascertain the veracity of the mother's claims as to residence.
• Re K and HH (Children) [2012] EWHC 4027 (Fam)
  Judgments (06/02/2013)
  Fact-finding hearing into the cause of death of baby – finding that death was caused by non-accidental head injury and that there were further, earlier, non-accidental rib fractures
• Re G (A Minor); Re Z (A Minor) [2013] EWHC 134 (Fam)
  Judgments (01/02/2013)
  Factors which determine applications by “donor” fathers for leave to apply for s.8 orders where the children were born to, and cared for by, women who were recognised as joint parents pursuant to ss. 2, 45 and 48 of the Human Fertlilsation and Embryology Act 2008
• W v W [2012] EWHC 2469 (Fam)
  Judgments (01/02/2013)
  Judgment in final hearing of financial remedy with CPS intervening – confiscation order made prior to final hearing – wife with no knowledge of husband’s fraud – consideration of extent of wife’s beneficial interests in properties held by the parties and the extent of untainted assets available to meet W’s claims.
• Zuk v Zuk [2012] EWCA Civ 1871
  Judgments (31/01/2013)
  Appeal allowed against an order committing the Appellant to prison for 9 months for having failed to pay a lump sum to his former Wife following contested ancillary relief proceedings.
• W (A Child) [2012] EWCA Civ 1828
  Judgments (31/01/2013)
  Appeal against a final care order and adoption order on the basis that the decision was plainly wrong.
• Re AI and MT [2013] EWHC 100 (Fam)
  Judgments (30/01/2013)
  Judgment in a case where the Jewish parties agreed to be bound by an arbitration decision by a Beth Din, detailing the court’s approach to such arbitrations and the circumstances in which the court may be willing to approve an order agreed through such religious arbitration.
• J-L (Children) [2012] EWCA Civ 1832
  Judgments (30/01/2013)
  Appeal against findings of fact made within care proceedings
• BP v KP and NI (Financial Remedy Proceedings: Res Judicata) [2012] EWHC 2995 (Fam)
  Judgments (30/01/2013)
  High Court judgment on preliminary issues as to whether wife is barred a) by operation of res judicata from asserting in financial remedy proceedings claims concerning an agreement involving the husband; and b) from running a case of "add-back" in relation to losses arising from enforcement of that agreement.
• W v M (TOLATA Proceedings; Anonymity) [2012] EWHC 1679 (Fam)
  Judgments (28/01/2013)
  Application in TOLATA proceedings that in those proceedings at the main hearing, and in the final judgment, all relevant people and places should be anonymised. Following settlement of the main action, order granted that the judgment should be anonymised.
• Cambra v Jones [2013] EWHC 88 (Fam)
  Judgments (27/01/2013)
  High Court proceedings as to what further steps should be taken to enforce an order for the return of two children to Spain and whether a stay should be granted on the order for their return.
• Hamilton v Hamilton [2013] EWCA Civ 13
  Judgments (24/01/2013)
  Appeal by the husband against the variation of an order made by consent, which had been held to be an order for the payment of a lump sum in instalments. Appeal dismissed.
• DL v EL (Hague Abduction Convention - Effect of Reversal of Return Order on Appeal) [2012] EWHC 49 (Fam)
  Judgments (23/01/2013)
  Hague Convention application for return of child to the US considering whether child’s habitual residence can be changed by a removal pending exhaustion of appeals and relevance of pending appeal in US Supreme Court.
• Re S (Findings of Fact) [2013] EWHC 15 (Fam)
  Judgments (23/01/2013)
  Fact-finding hearing in private law proceedings – “honour” based violence - discussion of difficulties created by lack of corroborative evidence, unrepresented interveners and previous untrue statements provided by the mother.
• R (on the application of KA) v Essex County Council [2013] EWHC 43 (Fam)
  Judgments (23/01/2013)
  An application for judicial review on the local authority’s withdrawal of support under the Children Act 1989 pending a removal by the UK Border Agency.
• A City Council v DC & Others [2013] EWHC 8 (Fam)
  Judgments (23/01/2013)
  Guidance given for the appropriate procedure to be followed in applications to revoke freeing orders.
• Re TG (A Child) [2013] EWCA Civ 5
  Judgments (22/01/2013)
  Appeal by a father against a case management decision refusing him permission to instruct a biomechanical engineering expert in care proceedings pursuant to Part 25 of the Family Procedure Rules 2010. Permission to appeal granted but appeal dismissed. In dismissing the appeal, the President of the Family Division rehearsed the principles involved in appealing case management decisions.
• AB v CB [2012] EWHC 3841 (Fam)
  Judgments (17/01/2013)
  High Court proceedings as to whether English divorce proceedings instituted by the wife should be stayed to enable Indian proceedings for divorce instituted there earlier by the husband to proceed; and, if the English divorce proceedings were stayed, what should happen to the wife's proceedings against the husband in England under S27 MCA 1973.
• W (Children) [2012] EWCA Civ 1788
  Judgments (17/01/2013)
  Appeal against an order that there should be no direct contact between a father and children. Appeal dismissed.
• C (A Child) [2012] EWCA Civ 1787
  Judgments (17/01/2013)
  Appeal by grandparents against placement order. Appeal dismissed.
• S-C (Children) [2012] EWCA Civ 1800
  Judgments (17/01/2013)
  Unsuccessful appeal by a mother against a decision to grant placement orders in respect of two younger siblings from a seven sibling group where the care plan for the older five siblings was long-term fostering.
• R (A Child) [2012] EWCA Civ 1783
  Judgments (17/01/2013)
  Court of Appeal, allegations of sexual abuse, evidence before the Court limited to hearsay evidence from child, change in mother’s position following judgment, Art 6 rights.
• F (Children) [2012] EWCA Civ 1793
  Judgments (17/01/2013)
  Appeal by mother against an order changing the residence of two sons. Appeal dismissed.
• Bristol City Council v C & Ors [2012] EWHC 3748 (Fam)
  Judgments (16/01/2013)
  Application for reporting restriction order arising out of care proceedings.
• An NHS Trust v SR [2012] EWHC 3842 (Fam)
  Judgments (16/01/2013)
  Application by an NHS Trust in respect of the medical treatment of N, a boy aged 7, suffering from a malignant brain tumour.
• Young v Young [2013] EWHC 34 (Fam)
  Judgments (16/01/2013)
  Application for committal of the respondent for breach of an order for disclosure. The respondent was committed to prison for six months.
• I (A Child) [2012] EWCA Civ 1765
  Judgments (11/01/2013)
  Court of Appeal, appeal against placement order on basis that special guardianship order was not considered. Appeal dismissed.
• H (A Child) [2012] EWCA Civ 1700
  Judgments (10/01/2013)
  Appeal against an interim residence order which effectively adjourned the proceedings for three months to allow an independent social work assessment of a couple who had been involved with the mother. Appeal dismissed. Piglowska applied to the evaluation of welfare factors.
• E (A Child) [2012] EWCA Civ 1773
  Judgments (09/01/2013)
  Appeal against making of care order in which the issue of whether s.100 Children Act 1989 prevents the court making a wardship order re a child who is voluntarily accommodated under s. 20 Children Act 1989.
• W (Children) [2012] EWCA Civ 1767
  Judgments (09/01/2013)
  Application by father for permission to appeal against the refusal of a contact order. Application refused.
• F (A Child) [2012] EWCA Civ 1770
  Judgments (09/01/2013)
  Appeal against refusal in care proceedings of the father’s applications for direct contact, parental responsibility and a change of the child’s surname. Appeal allowed and case remitted to the county court for re-hearing.
• C (Children) [2012] EWCA Civ 1766
  Judgments (09/01/2013)
  Appeal by father in care proceedings against an order suspending contact with his children. Appeal dismissed.
• Akhtar v Hussain [2012] EWCA Civ 1762
  Judgments (09/01/2013)
  Appeal against order awarding former cohabitant occupation rent in property in which she had been awarded a 50% beneficial interest. Appeal allowed in part.
• Thompson v Hurst [2012] EWCA Civ 1752
  Judgments (02/01/2013)
  Appeal against declaration of beneficial interests in respect of property in sole name. Appeal dismissed.