Case Summaries

Court of Appeal upholds High Court’s use of inherent jurisdiction to direct posthumous paternity testing against an existing DNA sample.

Father’s unsuccessful application for summary return of two children to Hungary

Father’s appeal against an order for no contact with his son and only limited contact with his daughter in which he challenged a number of procedural steps within the proceedings which he asserted amounted to a failure by the court to maximise the prospect of reinstating contact.

Important decision by Munby P concerning care proceedings and Article 5 DOLs. Rule of thumb as to children aged 10, 11 and 12. Procedure set out in detail, including that reviews by a judge must take place at least once every 12 months.

Judgment of MacDonald J concerning an application for permission to appeal and a stay of his declaration that the provision of life sustaining treatment could be withdrawn from an 11 month old boy.

Naomi Shelton, Associate and Frances Bailey, Principal Associate with Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during January 2018.

Judgment of Mostyn J in which he refuses Mother’s application to set aside his earlier order to return the children to England.

Judgment of MacDonald J determining whether it was in the best interests of an 11 month old boy for life sustaining treatment to continue.

Judgment of the President containing observations in relation to the important jurisdictional and procedural issues to be considered before embarking upon care proceedings against “otherwise unimpeachable” parents in disputes about the appropriate medical treatment and support of a child.

Applications to discharge a care order and to reopen settled findings of non-accidental injuries.

Successful complaint to the European Court of Human Rights that Article 8 rights had been breached following the Polish Court’s delay in enforcing orders made in relation to an international child abduction case.

A father’s unsuccessful appeal against care and placement orders.

Judgment of the Privy Council considering the law applicable to the beneficial ownership of joint bank accounts from ‘first principles.’

Judgment in care proceedings where the mother has a mild learning disability and the parents claimed that with appropriate support they were capable of caring for the children.

Decision of the Upper Tribunal in a child support case dismissing a father’s appeal concerning his liability. The Upper Tribunal concluded that whilst the First-tier Tribunal’s decision involved an error on one point of law, it was not a material error which would have affected the outcome so that the First-tier tribunal decision stands.

Judgment concerning the amount of the non-resident parent’s income that should be taken into account when assessing his child support liability and whether the notional sums calculated by the tribunal to be available were feasible.