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.
- London Borough of Tower Hamlets v B  EWHC 2491 (Fam)
Case summary coming soon.
- TW v Secretary of State for Work & Pensions and Another (Child support: variation/ departure directions: other)  UKUT 440
Case summary coming soon
- Re Jake  EWHC 2442 (Fam)
Case summary coming soon
- NT v Secretary of State for Work & Pensions (CSM) (Child support: variation: departure directions: other)  UKUT 422-2
Child support appeal challenging a decision to “vary” the appellant’s income by reference to his real property assets, on the basis it was not a just and equitable variation - s 28F Child Support Act 1991, regulation 18 CSM (Variation) Regulations 2000.
- Re D (Children)  EWCA Civ 749
Application by parents for permission to appeal against care and placement orders on the basis that the court had failed to properly determine whether the mother had litigation capacity at the time the proceedings were heard
- R (Translation of Documents in Proceedings)  EWFC B112
Judgment giving guidance in relation to the costs of translating documents for the purposes of care proceedings on behalf of publicly-funded parties.
- Surrey and Sussex Healthcare NHS Trust v Ms AB  EWCOP 50
Application by Surrey and Sussex Healthcare NHS Trust in the Court of Protection for permission that the respondent, Ms AB, undergo an above the knee amputation of her left leg.
- A (A Child)  EWCA Civ 910
The Court of Appeal considers a case of implacable hostility to contact on behalf of the child and the mother, despite no findings against the father, and upholds an order for no direct contact.
- PK v Mr & Mrs K  EWHC 2316 (Fam)
Application by a 14 year old young woman for the revocation of an adoption order and for the change of her surname to that of her biological mother. Application granted.
- Re L (A Child)  EWCA Civ 901
Mother’s appeal against care and placement orders in respect of her child (L) on the basis that the court did not have adequate assessment evidence and the Judge’s findings had been wrong.
- Taukacs v Taukaca  EWHC 2365 (Fam)
Hague Convention case in which best practice guidance given regarding need for particular care in wording of location orders
- B (A Child) (Habitual Residence) (Inherent Jurisdiction)  EWCA Civ 886
Appeal against an order dismissing the appellant’s application under the Children Act 1989 and the inherent jurisdiction of the High Court for contact with and a location order in respect of P, who had been removed lawfully to Pakistan. Appeal dismissed.
- CB (A Child)  EWCA Civ 888
Case attracting media attention about adoption of Latvian child; helpful ‘lessons’ set out by Munby P at the end of the judgment.
- Re F (A Child) (International Relocation Cases)  EWCA Civ 882
The Court of Appeal considers the correct interpretation of the jurisprudence on international relocation cases, approving an “holistic evaluative analysis”.
- Re E (children) (FGM protection orders)  EWHC 2275 (Fam)
Successful application for a FGM Protection Order
- Re M (A Child)  EWFC 71
Judgment by Munby P on the entitlement to legal aid funding of a parent who is seeking a review of findings of fact in public law children proceedings.
- H v Dent & Others  EWHC 2228 (Fam)
Application for costs following unsuccessful committal proceedings brought by a father who was involved in private law Children Act proceedings.
- X (Children) and Y (Children) (No 2)  EWHC 2358 (Fam)
Supplemental judgment to that in X (Children) and Y (Children)  EWHC 2265 (Fam) concerning the security measures to be implemented in order to reduce the risk of flight by the families concerned.
- Re D (A Child)  EWCA Civ 829
Father’s appeal against an order dismissing his application for a child arrangements order for contact to his son
- Birch v Birch  EWCA Civ 833
Wife’s appeal to vary the terms of an undertaking embodied in a financial provision order made by consent in 2010
- X (Children) and Y (Children)  EWHC 2265 (Fam)
Judgment by the President of the Family Division concerning two cases in which it was alleged that families had attempted to travel to Syria, the main issue in each case being whether the children should remain in the care of the respective local authorities in the interim pending final decisions being made by the court.
- Re NH (1996 Child Protection Convention Habitual Residence)  EWHC 2299 (Fam)
Judgment as to whether the English courts have jurisdiction to hear applications for orders under the inherent jurisdiction and/or a public law order under Part IV of the Children Act 1989 where the it is not possible to establish the subject child's habitual residence.
- W-J (Children)  EWCA Civ 788
Appeal against interim care order on plan for separation of mother and child. Issues raised in respect of adjournment to explore available options and use of injunctive relief under the Human Rights Act 1998
- Ilott v Mitson & Others  EWCA Civ 797
Claim pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 by the estranged daughter of the deceased whose will made no provision for the daughter
- Re P (A Child)  EWCA Civ 777
Appeal by mother against order refusing her permission to oppose the making of an adoption order in respect of her child, aged 19 months at the time of the hearing, on the basis that the judge was wrong in finding that the mother had not shown sufficient change to satisfy s 47(7) of the Adoption and Children Act 2002. Appeal dismissed.
- R v R  EWCA Civ 796
Appeal as to whether an order for the husband to pay interim maintenance to the wife circumvented Ukrainian sanctions legislation to which the husband is subject. Appeal dismissed.
- Re W (Adoption Application: Reunification with Family of Origin)  EWHC 2039 (Fam)
Hearing following Court of Appeal setting aside care and placement orders. Adoption order not granted and child returned to live with biological parent and siblings.
- WA v Executors of the Estate of HA & Others  EWHC 2233 (Fam)
“Fabulously wealthy” Wife’s appeal against a consent order for financial provision on the basis that the Husband’s suicide 22 days after the making of the order constituted a Barder event. Appeal allowed and the lump sum reduced from £17.34 million to £5 million
- G (Child)  EWCA Civ 834
Successful appeal of findings made following a finding of fact hearing within private law proceedings where the judge hearing the matter was deemed to have intervened to the extent of prejudicing the exploration of the evidence.
- KG v LG (No 2)  EWFC 64
Appeal by wife against a consent order in financial remedy proceedings on the grounds of material non-disclosure. Appeal allowed.
- London Borough of Redbridge v SNA  EWHC 2140 (Fam)
Application by local authority to invoke the inherent jurisdiction of the High Court to protect young people in the borough from a male who was perceived to present a sexual risk. Application dismissed (and undertakings given discharged) because the protection of unknown children is beyond the scope of the inherent jurisdiction.
- Re PD  EWCOP 48
Court of Protection judgment in which Baker J decided that enforcement and recognition of foreign orders for deprivation of liberty under Schedule 3 to the Mental Capacity Act 2005 can be made without joinder of the subject adult as a party where that adult had been a party in the substantive foreign proceedings
- Y (A Minor: Wardship)  EWHC 2099 (Fam)
Continuation of Wardship due to significant concerns that a child would be influenced to wage jihad in Syria
- Y (A Minor: Wardship)  EWHC 2098 (Fam)
Wardship proceedings to protect a child who may be vulnerable to family influences to wage jihad in Syria
- A and B (No 2 - Parental Order)  EWHC 2080 (Fam)
Decision of Theis J following a joint application for a parental order. The parental order was made; the judgment includes a discussion of the relevant criteria in s.54 Human Fertilisation and Embryology Act 2008 (“HFEA 200”) and the decision in Re X (A Child) (Surrogacy: Time Limits)  EWHC 3135 (the application having been made after the six month time limit).
- A and B (No 1 - Fact finding judgment)  EWHC 1059 (Fam)
Decision of Theis J following a fact finding hearing in the context of an application for a parental order for two children born pursuant to a surrogacy arrangement.
- Re K (1980 Hague Convention) (Lithuania)  EWCA Civ 720
Mother’s appeal from Hogg J order for the return E, 11, to Lithuania forthwith pursuant to the 1980 Hague Convention despite the mother’s assertions that the case fell within the exceptions contained in Article 13 of the Convention
- A-S (Children)  EWCA Civ 748
Appeal by mother against a finding that she deliberately drowned her 7 month old child. Appeal dismissed.
- GW v MW  EWFC 56
Application by father to enforce a contact order and consideration of where the subject children were habitually resident and whether the court had jurisdiction
- Re D (Children)  EWCA Civ 703
Application for permission to appeal and if granted, to appeal, the dismissal of a mother’s application for leave to oppose an adoption order
- Re S-B (Children)  EWCA Civ 705
Mother’s appeal against a child arrangements order which had provided for indirect contact and a s.91(14) Children Act 1989 order
- Guerroudj v Rymarczyk  EWCA Civ 743
Appeal against decision to revisit an earlier determination of the parties' cross-applications for a transfer of tenancy under s 53 / Schedule 7 Family Law Act 1996. Appeal dismissed.
- Curran v Collins  EWCA Civ 404
Appeal by a former cohabitant seeking to establish a beneficial interest in properties held in her ex-partner’s sole name
- T (A Child: Suspension of Contact: Section 91(14) CA 1989)  EWCA Civ 719
Appeal by father against an order suspending all contact between him and the parties' child and against the making of a section 91(14) order. Appeal allowed.
- Re S (A Child)  EWCA Civ 689
Appeal against an order that the father should have indirect contact only with the parties' child after the CAFCASS officer had recommended direct contact to be supervised indefinitely. Appeal allowed and the matter remitted for rehearing.
- Derby City Council v SK and Others  EWFC 57
Judgment to determine jurisdiction in public law proceedings involving a Polish family.
- Re A and B (Children) (Surrogacy: Parental Orders: Time Limits)  EWHC 911 (Fam)
Consideration as to whether the six month time limit, under s.54(3) of the Human Fertilisation and Embryology Act 2008, should be extended to enable the making of parental orders
- Re L (A Child) (Jurisdiction: Private Fostering)  EWHC 1617 (Fam)
Care proceedings in which it was determined that the child L was habitually resident in England and the court declined to transfer the proceedings to Romania under Article 15 of Brussels IIR
- WW v HW  EWHC 1844 (Fam)
Judgment in high value financial remedies case in which the wife came to the marriage with significant assets and there was a pre-nuptial agreement between the parties – a “paradigm” case demonstrating “the need for more certainty in the law of financial remedies and nuptial agreements”.
- Re S (A Child)  EWCA Civ 649
Appeal by father against orders granting adoption in favour of a step-father and terminating the child’s contact with his father. Appeal allowed because the procedure was flawed, and matter remitted for rehearing by a different judge.
- JB v MB  EWHC 1846 (Fam)
Final hearing of financial remedies application – 7 year delay between separation and application for financial remedies – consideration of post-separation increase in the value of husband’s shareholding in a company
- Re R (A Child)  EWCA Civ 674
Appeal by father in care proceedings against a determination that the child had been habitually resident in England and Wales throughout her life. Appeal dismissed.
- Prest v Prest  EWCA 714
Appeal by husband against judgment summons under section 5 of the Debtors Act 1869, granted in respect of non-payment of maintenance arrears. Appeal dismissed.
- K v D (Parental Conflict)  EWFC 49
Judgment following final hearing in acrimonious private law Children Act proceedings concerning two children.
- Re A (A Child)  EWHC 4836 (Fam)
Rehearing of father’s application for direct contact with his teenage daughter in a complex, long-running dispute in which there had been almost continuous proceedings since 2001
- DN v HN  EWHC 3435 (Fam)
Application for a mandatory interlocutory injunction under CPR to require a husband to pay sums to complete the purchase of a property. Application granted.
- AC v SC  EWFC B76
Husband’s appeal against the decision of a District Judge in financial remedy proceedings where the District Judge had failed to take into account the agreement that had been reached at the FDR on the term of the maintenance order
- Birmingham City Council v Sarfraz Riaz and Others  EWHC 1857 (Fam)
Balancing of Article 8 and Article 10 rights in the context of whether a lifelong reporting restriction order should be granted to a victim of child sexual exploitation. Lifelong reporting restriction order granted.
- JM v MM  EWFC B74
HHJ Wildblood QC gave permission to appeal a District Judge’s order in financial remedy proceedings and ordered a rehearing in relation to capital and periodical payments
- Re A (Foreign Surrogacy: South Africa)  EWHC 1756 (Fam)
Application for a Parental Order by H and M, in respect of a seven month old child (A) born in South Africa
- Re LG (A Child)  EWFC 52
Successful application by a father for leave to oppose an adoption order
- Re T (Children)  EWCA Civ 606
Judgment in an appeal in care proceedings considering the impact of delay of six months between final hearing and judgment.
- Re S and T (Children)  EWHC 1753 (Fam)
Judgment in proceedings concerning application under the Adoption and Children Act 2002, section 84, in which the applicants asked the court to dispense with the father's consent on the ground that the welfare of the children required it.
- RC (Mother) v AB (Father)  EWHC 1693 (Fam)1693
Application by a mother to relocate permanently with the parties' 8 year old son to Angola.
- Re M'P-P (Children)  EWCA Civ 584
Appeal in care/adoption proceedings from the decision of a circuit judge to place the two young children with their paternal aunt (who had only met them once previously) rather than with the single local authority foster carer with whom the children had both lived from the very early stages of their lives and who wished to become their adoptive parent.
- Re X (Court of Protection Practice)  EWCA Civ 599
Appeal from two judgments of the President concerning the practice and procedure to be adopted in applications to the Court of Protection in deprivation of liberty cases.
- R (on the application of IM and MM) v HFEA  EWHC 1706 (Admin)
Judgment in proceedings challenging the decision by the HFEA to refuse permission to allow export and use of female gametes after death of the donor. Issues of consent, correct use of powers and engagement of Article 8.
- Bournemouth Borough Council v PS and Anor  EWCOP 39
Judgment in the Court of Protection considering what constiutes a deprivation of liberty.
- Fields v Fields  EWHC 1670 (Fam)
Judgment in respect of wife's application for financial remedy following the parties’ nine and a half year relationship, comprising one year of pre-marital cohabitation and eight and a half years of marriage which, the judge said, “cannot be characterised as a short marriage”.
- Davison v Davison  EWCA Civ 587
Appeal by wife against discrete issue of interpretation concerning tax liabilities arising out of the judgment and subsequent order in financial remedy proceedings.
- Re H (Children)  EWCA Civ 583
Judgment in the Court of Appeal as to what regard, if any, should be had by a judge, when considering an application to extend the time for appealing in a family case relating to children, to the overall merits of the proposed appeal.
- Re C (A Child) (Procedural Requirements of a Part 25 Application)  EWCA Civ 539
Appeal allowed against direction for psychological assessment where the application was not part 25 FPR 2010 compliant and was in some respects ‘unlawful’
- London Borough of Merton v LB  EWHC 4532 (Fam)
Judgment in care proceedings concerning a six year old child determining applications (i) under Article 15 of Brussels IIa for jurisdiction to be transferred to Latvia; (ii) for permission to oppose an adoption application; and (iii) for determination or directions.
- Re J (A Child)  EWHC 1627 (Fam)
Judgment of the President of the Family Division in a Hague Convention case in which he had made a without notice order on 29 May 2015, in circumstances where unbeknown to him, a stay of execution had previously been extended until 12 June 2015
- Re A (A child - Wardship - Fact finding - Domestic Violence)  EWHC 1598 (Fam)
Domestic violence fact finding – findings made that the father was physically abusive towards the mother.
- M v M  EWFC B63
Judgment considering the impact of a potentially substantial reduction in a party’s life expectancy on financial remedy proceedings.
- Liaw v Lee (Non-recognition of divorce)  EWHC 1462 (Fam)
Mostyn J refused recognition under s 51 (3) Family Law Act 1986 of a Malaysian decree nisi and absolute of divorce made following a husband having filed a "knowingly false" and secret petition in Malaysia.
- Re A (A Child - Application for leave to apply for a child arrangements order)  EWFC 47
Application for leave to apply for a child arrangements order
- Re X (A Child: Adoption No 2)  EWHC 4813 (Fam)
Successful application for an adoption order by a step-father which considered the requirement of s.42(3) of the Adoption and Children Act 2002
- Newcastle City Council v WM & Others  EWFC 42
Judgment in care proceedings concerning three children in which Cobb J highlights a number of procedural and professional failings on the part of professionals involved in the case.
- G v G  EWHC 1512 (Fam)
Application by a former wife in financial remedy proceedings seeking orders preventing her former husband’s legal team (leading and junior counsel, and solicitors) from continuing to act for him at a forthcoming hearing
- Re SO  EWHC 935 (Fam)
Judgment concerning the power of the court to extend protective injunctive orders made in wardship proceedings beyond a child’s 18th birthday where the child was habitually resident outside England and Wales.
- Gadhavi v Gadhavi  EWCA Civ 520
Financial remedy proceedings appeal involving a Thomas v Thomas argument as to judicial pressure that can be put on donees and a judicial decision as to the value of a property
- Re K and H (Children )  EWCA Civ 543
Appeal by the Lord Chancellor against an order requiring HMCTS to fund legal representation for a father seeking contact and challenging the underlying proposition that the Court has power to order the Lord Chancellor to provide for legal representation outside the legal aid scheme of LASPO
- In the Matter of M Children  EWHC 1433 Fam
Judgment relating to wardship and reporting restriction orders made in respect of children of a family alleged to be travelling to Syria to join the Islamic State
- Re Baggaley  EWHC 1496 Fam
The President considers the jurisdiction for making Civil Restraint Orders against a McKenzie friend
- Arbili v Arbili  EWCA Civ 542
Financial remedy proceedings appeal involving an argument as to the wrongful exercise of judicial discretion and a further reiteration of the Imerman guidance on documents illegally obtained from the other party
- A (A Child)  EWCA Civ 486
Mother’s appeal against a child arrangements order for supervised contact following the making of ‘serious findings’ of fact against the father - appeal dismissed
- AR v RN (Scotland)  UKSC 35
Supreme Court judgment determining whether to order the return to France of two children who had been living with their mother in Scotland since 2013 but who had been born in France and lived there prior to their move to Scotland
- C (A Child)  EWCA Civ 500
Appeal by mother seeking publication of an anonymised judgment from private law children proceedings. Appeal dismissed. Court of Appeal careful not to enlarge upon or contradict the careful wording of the President's Practice Guidance on the issue.
- Re H (A child) (Temporary Leave to Remove Turkey) (Enforcement of Child Arrangements Order)  EWFC 39
Application for temporary leave to remove child to Iran withdrawn and for temporary leave to remove child to Turkey granted with safeguards
- N v D (Customary Marriage)  EWFC 28
Court finds customary Nigerian marriage ceremony proved on facts, and rules that this gave rise to a valid marriage in English law
- P (Children)  EWCA Civ 466
Appeal by a mother against a child arrangements order for unsupervised contact made in the context of a history of domestic violence and against a family assistance order made without prior consultation of the recipient local authority. Appeal allowed.
- S (A Child)  EWCA Civ 489
Mother’s appeal against the making of a placement order to enable further assessment of her parenting capabilities dismissed
- T (Children)  EWCA Civ 453
Appeal by grandparents against the making of an interim care order removing children from family members. Appeal dismissed.
- Re D (Children)  EWCA Civ 409
Appeal of care and placement orders involving consideration of procedural fairness, need for compliance with FPR 2010 Part 30 and whether there is a freestanding obligation on the court to consider children giving evidence.
- Re BK-S (Children) (Expert evidence and probability)  EWCA Civ 442
Appeal by mother in public law proceedings against finding of fact that she had administered an anti-psychotic drug to her child. Expert evidence considered. Appeal dismissed.
- MN (Adult)  EWCA Civ 411
Guidance from the President in respect of the Court of Protection’s powers to impose a care plan upon a reluctant local authority.
- P v P  EWCA Civ 447
Appeal by the trustees of a post-nuptial settlement against an order which varied the settlement to provide financial relief to the wife following divorce. Appeal dismissed.
- H v S (Surrogacy Agreement)  EWFC 36
Judgment arising from cross-applications for a residence order and contact order (as they were then called) in respect of a child conceived following an agreement whose terms were highly contested.
- Curran v Collins  EWCA Civ 404
Appeal against decision at first instance that the appellant did not have a beneficial interest in property and was not a partner in a kennelling business. Appeal dismissed and Eves v Eves distinguished.
- Critchell v Critchell  EWCA Civ 436
Judgment in financial remedy proceedings in which the Court of Appeal restated the application of the principle in Barder v Barder (Caluori intervening)  2 FLR 480.
- H (A Child) (Analysis of Realistic Options and SGOs)  EWCA Civ 406
Appeal against special guardianship order. Appeal allowed and directions given for the future conduct of the proceedings, including evidential and witness requirements.
- Re W (Children)  EWCA Civ 403
Father’s successful appeal against adoption orders and dismissal of his contact application - the applications were remitted to be heard by a different judge
- K v K  EWHC 1064 (Fam)
President makes s.91(14) Children Act 1989 and Grepe v Loam orders against litigant in person.
- Re H-B  EWCA Civ 389
Appeal against an order allowing only indirect contact between the father and his two daughters aged 16 and 14; and a s 91(14) CA 1989 prohibition for two years.
- Re E-R (A Child)  EWCA Civ 405
Appeal against a child arrangements order which provided that a child should live with her father following her mother’s death. The appellants were the mother who was terminally ill (and died before the hearing of the appeal), and her friends who had been caring for her and the child and whom the mother had appointed as testamentary guardians.
- Bromfield v Bromfield  UKPC 19
Appeal to the Judicial Committee of the Privy Council by wife in financial remedy proceedings in Jamaica in which the court had dismissed her application under the Married Women's Property Act and ordered a lump sum payment by her husband.
- R (AM) v London Borough of Havering and Another  EWHC 1004 (Admin)
Judgment in proceedings to determine, inter alia, which children's services authority should be responsible for assessing and meeting the needs of dependent children from a homeless household where the duties of a local housing authority towards that homeless household are coming to an end and that family has been placed in another authority's area.
- ABC v PM and Another  EWFC 32
Section 37 MCA 1973 - setting aside of reviewable dispositions – legal fees - appeal by husband’s solicitors of order setting aside a charge executed in their favour over the former matrimonial home
- MA v SK  EWHC 887 (Fam)
Judgment in proceedings following divorce in which the wife applied for orders regarding a property in London. A company (established and part-owned by the husband) applied against the wife for possession of that property. The judge transferred the property to the wife and dismissed the company’s application for possession.
- CS v ACS and Another  EWHC 1005 (Fam)
Judgment by the President of the Family Division ruling that para 14.1 of PD30A FPR 2010 which states that an appeal is the only way in which a consent order may be challenged is ultra vires.
- K (A Child)  EWCA 352
Appeal against determinations arising from the approach taken by the High Court in respect of issues of forum conveniens and welfare
- S (A Child)  EWCA Civ 325
Appeal by paternal grandmother of a child based upon the assumption that the judge at first instance had not regarded the grandmother's claim to be the child's long term carer as being unrealistic in the context of Re B-S. Appeal allowed.
- U (Children)  EWCA Civ 334
Appeal by father against the refusal to adjourn an application for a re-hearing of care proceedings in which care orders were made in respect of four children and placement orders in respect of two of them.
- 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.
- 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.
- 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 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