Case Summaries

In the matter of X (A Child) (No 5) [2017] EWHC 2141 (Fam)

The fifth Judgment of the President of the Family Division concerning, X a very vulnerable 17 year old young woman. Munby P endorsed the local authority care plan for X and emphasised that X is entitled to enjoy now and after she attains 18, all of the benefits accruing to her as a “looked after” child. The President emphasised that it was of critical importance that “leaving care” planning for X should begin immediately.

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Re G (Children) (Habitual Resident) [2017] EWHC 2111

Jurisdiction decision including consideration of habitual residence, prorogation of jurisdiction and forum conveniens.

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R v P [2017] EWHC 1804 (Fam)

Judgment of Theis J dismissing the father’s application made pursuant to the Convention on the Civil Aspects of International Child Abduction 1980 for the return of X (aged 5) to Lithuania.

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Re B (Foreign Surrogacy) [2016] EWFC 77

Judgment of Theis J granting a parental order in respect of a little girl, B who was born following a surrogacy arrangement entered into through a fertility clinic based in Mumbai.

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Re AK, Human Fertilisation and Embryology Act 2008 [2017] EWHC 1154 (Fam)

Judgment of the President of the Family Division in respect of an application for a declaration of parentage where the requisite forms had not been completed and filled in correctly.

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Joy-Morancho v Joy (Dismissal of Variation Application) [2017] EWHC 2086 (Fam)

Husband’s application for downward variation of spousal periodical payments, including backdating the variation and to remit any arrears which might in any event remain. Application dismissed following the use of an abbreviated procedure hearing.

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ER (A Child) Re (No 2) [2017] EWHC 2033 (Fam)

Application by a father for permission to appeal against various orders made in proceedings concerning contact between the father and his daughter.

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AM v DF [2017] EWHC 2034 (Fam)

Successful appeal against variation of a prohibited steps order which permitted the mother to take the parties’ children to Iraq for a four week summer holiday.

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Green v Adams [2017] EWFC 52

Case summary coming soon

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X (A Child) (No 3) [2017] EWHC 2036 (Fam)

Judgment of Munby P in respect of a 17 year old girl who has complex emotional and mental health needs but for whom there was a lack of appropriate clinical child and adolescent mental health placements nation-wide.

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X (A Child) (No 4) [2017] EWHC 2084 (Fam)

Judgment of the President of the Family Division in which he considers proposed new arrangements for a 17 year old girl who has complex emotional and mental health needs. (The President had previously expressed deep concerns in the strongest terms as to the lack of an appropriate placement for therapy and treatment being available for X).

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Tobias v Tobias [2017] EWFC 46

Judgment of Mostyn J giving guidance on applications for freezing orders, ex parte orders and use of the out-of-hours judge

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Re DB (A Minor) [2017] EWFC 45

Judgment of Baker J refusing an application for leave to oppose an adoption order

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L (Children) [2017] EWCA Civ 1137

Brief judgment of Lord Justice McFarlane dismissing the mother’s appeal against final care orders made in respect of her two children.

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JS v Secretary of State for Work and Pensions and another (CSM) (Child support – maintenance assessments – calculations) [2017] UKUT 296 (AAC)

Successful appeal to the Upper-tier Tribunal in which the appellant father contended that since he shared care of his son equally he should not be treated as a non-resident parent and should not be liable for a CMS assessment.

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J (Child Refugees) [2017] EWFC 44

Application for care orders in respect of two young unaccompanied asylum seeking boys. Consideration given to the relevant legal principles and the respective advantages and disadvantages of accommodation under s20 of the Children Act 1989 or a care order in these circumstances.

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