Case Summaries

Judgment of Hayden J sanctioning the withdrawal of life-sustaining ventilation for Alfie Evans.

Moor J rejects the submission that the ‘necessity’ requirement for expert evidence should be applied differently in children and money cases, and makes general comment on the usefulness of employment experts.

Appeal by father against findings of a fact-finding hearing that he had "used unreasonable force and unlawfully killed the mother". Judgment of the Court of Appeal focuses on (i) the extent to which, if at all, the Family Court should import elements of criminal law into a fact-finding determination within child care proceedings; and (ii) whether the amount of time allowed for preparation by the father’s legal team in this case was so constricted that the resulting trial was unfair within the terms of Article 6 of the European Convention on Human Rights.

Successful appeal by a Father in a relocation case where the Mother had been granted permission to relocate at first instance. The Court of Appeal commented that the first instance judgment had not been adequately reasoned nor was there adequate explanation for departing from the CAFCASS recommendation.

Supreme Court judgment determining that (i) the 1980 Abduction Convention cannot be invoked if by the time of the alleged wrongful act, whether by removal or retention, the child is habitually resident in the state where the request for return is lodged; and (ii) repudiatory retention is possible in law. The Supreme Court was unanimous on the principles but Lords Kerr and Wilson gave dissenting judgments on the outcome of the case on its facts. Appeal by mother allowed; cross-appeal by father dismissed.

Application to appeal a step-parent adoption order where the mother and her husband misled the court about their knowledge of the father’s identity.

Declaration of recognition of a foreign adoption order, made in Nigeria, made by Theis J.

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.