Case Summaries

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Re DO and BO [2017] EWHC 858 (Fam)

Mother’s unsuccessful application for permission to take her two sons to China for a holiday – judgment of Baker J

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Radseresht v Radseresht-Spain [2017] EWHC 2932 (Fam)

The husband sought, pursuant to ss 45 and 55 Family Law Act 1986, recognition of a divorce granted in Dubai in 2009 and, further, strike out of the petition of the wife brought in the jurisdiction of England and Wales.

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R (A Child – whether to revoke Placement Order) [2017] EWHC 2924 (Fam)

Hayden J considers revocation of placement order application in circumstances where an SGO could be made.

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H (A Child – Surrogacy Breakdown) [2017] EWCA Civ 1798

Court of Appeal dismisses an appeal from the decision of Theis J following the breakdown of an intended surrogacy arrangement.

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B (Children) [2017] EWCA Civ 1635

Appeal brought by the local authority and supported by the guardian seeks to challenge the overall fairness of a hearing concerning two young children.

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Re X (A Child) (Female Genital Mutilation Protection Order) (Restrictions on Travel) [2017] EWHC 2898 (Fam)

A highly sensitive case concerning whether a travel ban should be imposed to prevent a child from visiting her father in Egypt, given the prevalence of FGM in Egypt and the risk that the practice might be carried out by the paternal family.

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Hayes v Hayes [2017] EWHC 2806 (Ch)

Appeal by former wife against the dismissal of her application to set aside a statutory demand, served upon her by her former husband, in respect of various debts pursuant to several court orders in proceedings between the parties.

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Richardson-Ruhan v Ruhan [2017] EWHC 2739 (Fam)

Decision of Mostyn J in relation to the computation of assets in a Wife’s claim for financial remedies following divorce.

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Re T (A Child: Adoption or Special Guardianship) [2017] EWCA Civ 1797

Judgment of the Court of Appeal concerning a dispute as to whether the appropriate order for an 18 month old boy should be a special guardianship order or an adoption order.

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Grasso v Naik [2017] EWHC 2789 (Fam)

Judgment of the President dismissing 21 divorce petitions, decrees nisi and decrees absolute on the ground that each had been obtained through deceiving the court by the provision of a false address (and in some cases forged signatures).

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N v J (Power to Set Aside Return Order) [2017] EWHC 2752 (Fam)

Judgment of MacDonald J confirming that a High Court judge does have power to set aside a return order made by another High Court judge under the inherent jurisdiction but that the applicant must be able to demonstrate a change of circumstance, or material non-disclosure, relevant to the evaluation of the welfare of the child such as to justify the setting aside of the order as being in the child’s best interests.

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S (Child as Parent – Adoption – Consent) [2017] EWHC 2729 (Fam)

Local Authority application for an adoption order in circumstances where the birth mother consented to the adoption, but there were doubts as to her capacity to do so.

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D (A Child) [2017] EWCA Civ 1695

Appeal by 16-year-old boy in which the essential question was whether he was being deprived of his liberty within the meaning of and for the purposes of Article 5 of the ECHR.

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ZS v Secretary of State for Work and Pensions and SN (CSM) (Child support – tribunal practice) [2017] UKUT 402 (AAC)

Decision of the Upper Tribunal allowing a mother’s appeal against the decision of the First Tier Tribunal determining a non-resident father’s liability for child maintenance, remitting the matter for reconsideration at an oral hearing.

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Re M (Children) (Suspected Trafficking – Competent Authority) [2017] EWFC 56

Judgment in care proceedings concerning two children from Namibia who were suspected of being victims of human trafficking.

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KW v Secretary of State for Work and Pensions and KE (CSM) (Child support – variation – departure directions – diversion of income) [2017] UKUT 400 (AAC)

Second appeal by father against the First-Tier Tribunal’s decision which took account of his redundancy when fixing his liability for child support.

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