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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.
Decision of Theis J concerning an international surrogacy arrangement and the legal ramifications for the child, intended parents and surrogate mother.
Applications for declarations of parentage in accordance with s.55A of the Family Law Act 1986 where children had been born following treatment at a fertility clinic but statutory requirements had not been complied with.
Russell J allowed an appeal against a Circuit Judge’s order for direct contact made on a 16.4 Guardian’s application. Her Ladyship considered that the judge had been wrong to rely on the Guardian’s conclusions and to effectively reverse her previous decisions on what amounted to ‘flimsy evidence.’
Decision of the Upper Tribunal Administrative Appeals Chamber dismissing a non-resident parent’s appeal against the decision to refuse his variation application of the child maintenance assessment. The decision concerns the classification of a debt under regulation 12 of the Child Support (Variation) Regulations 2000 and when such a debt could be a special expense.
Appeal (the first by which the Court of Appeal has considered a second appeal from the High Court since the introduction of the new routes of appeal in private law family cases) against a decision allowing an appeal from an order rejecting the mother’s application to remove the parties’ child to live in the parents’ home region in Italy.
The first Court of Appeal judgment dealing with an application by an unmarried partner under the amended subsections 1(1)(ba) and 1(1A) of the Inheritance (Provision for Family and Dependents) Act 1975. The court also considers whether it has jurisdiction to transfer the property of a deceased person’s estate to a surviving partner and whether such a transfer amounts to “reasonable financial provision” for the partner’s “maintenance” within the meaning of subsections 1(1) and 1(2)(b) and sections 2 and 3 of the 1975 Act.
Appeal in abduction case, concerning a 21 months old child, dealing with three central issues: (1) the child’s habitual residence, (2) whether or not his father had subsequently acquiesced, and (3) whether the circumstances were sufficient to engage Article 13(b) of the Convention.
