Case Summaries

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Re W (A Child) [2017] EWCA 2152 (Civ)

Judgment in an appeal against the decision to return a 15-month-old boy, Z, to America in proceedings under the Hague Child Abduction Convention. The parents of Z were married and had lived together in America since 2008.

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M (Children), Re [2017] EWCA Civ 2164

Court of Appeal judgment overturning decision of Mr Justice Peter Jackson in J v B (Ultra-Orthodox Judaism: Transgender) [2017] EWFC 4, [2017] WLR(D) 142, in which he refused direct contact and ordered indirect contact only between a transgender father and her five children from an Ultra-Orthodox-Jewish community.

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B and C (Change of Names – Parental Responsibility – Evidence) [2017] EWHC 3250 (Fam)

Applications by mother in respect of two children whose father is believed to live in Iran by which she sought (i) permission for them to be known by new forenames and surnames and (ii) a prohibited steps order restricting the extent to which the father would be able to exercise his parental responsibility for the children.

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AB v CD (Jurisdiction Global Maintenance Orders) [2017] EWHC 3164 (Fam)

Appeal by husband against the court’s jurisdiction to make a global maintenance order in favour of the wife and children. Appeal dismissed.

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W-C (Children) [2017] EWCA Civ 250

Appeal by Guardian against placement order.

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HC v FW [2017] EWHC 3162 (Fam)

Judgment of Cobb J in an “unusual” financial remedies case in which the Wife did not have capacity to litigate and the Husband had failed to consistently engage with the Court proceedings.

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Re D (A Child) [2017] EWHC 3075 (Fam)

Judgment of Roberts J after a 10-day fact-finding hearing, making adverse findings of non-accidental injury against a father. The original fact-finding hearing had exonerated the father, but this had been overturned by the Court of Appeal and remitted for a rehearing.

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HRH Prince Louis of Luxembourg v HRH Princess Tessy of Luxembourg (Publication of Offer) [2017] EWHC 3095 (Fam)

Application concerning the ambit of a reporting restriction applied for by the husband to regulate the reporting of the financial remedy proceedings.

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Mansour v Slovakia – 60399-15 (Judgment – Violation of Right to respect for private and family life (Positive obligations Respect…) [2017] ECHR 102

The European Court of Human Rights found that the Slovakian courts had breached the Applicant‘s Article 8 rights in the length of time taken to enforce a return order under Brussels II bis.

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PW & Ors v Luton Borough Council [2017] EWHC 3028 (Fam)

Third party costs orders: whether the Legal Aid Agency had acted unreasonably as to have increased costs of the claimants by failing to state whether the statutory charge relating to the costs of care proceedings would apply to the claimant’s recovery of damages under the Human Rights Act 1998.

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M (A Child – secure accommodation order) [2017] EWHC 3021 (Fam)

Application under s.25 of the Children Act 1989 highlighting the shortage of secure accommodation resources

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T (A Child) [2017] EWCA Civ 1889

Appeal concerning the extent to which a family court may exercise its jurisdiction to grant a non-molestation injunction under the Family Law Act 1996 to protect a child who is the subject of a full care order

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The County Council of the City and County of Cardiff v Matthew Scully-Hicks and Others [2016] EWFC

Judgment of Moor J in care proceedings concerning ‘C’, the sibling of Elsie Scully-Hicks who was murdered by her adopted father, Matthew Scully-Hicks.

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S v S (Application to Prevent Solicitor Acting) [2017] EWHC 2660 (Fam)

Application made by husband in divorce proceedings for an order that his wife’s solicitor be debarred from acting for her in the proceedings.

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Re His Royal Highness the Duke of Windsor (Deceased) [2017] EWHC 2887 (Fam)

Application by the Librarian and Assistant Keeper of the Queen’s Archives for a full copy of the will and codicil of the Duke of Windsor for research purposes.

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Re W (Children), SW (No 2) [2017] EWFC 74

Decision of the President of the Family Division, granting permission to disclose and/or communicate documents arising from care proceedings for the purposes of proposed proceedings in the European Court of Human Rights, subject to the safeguards set out within the annexed order.

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