Case Summaries

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FE v YE [2017] EWHC 2165 (Fam)

Judgment of Mostyn J considering the effect of an asylum claim by the subject children on an application under the 1980 Hague Child Abduction Convention.

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Re D (Medical Treatment) [2017] EWCOP 15

Application for a declaration that it was in the best interests of a young man, D to receive stem cell treatment for a brain injury.

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Re M (Lack of Secure Accommodation) [2017] EWFC B61

Judgment in care proceedings concerning M, a fifteen-year-old boy, who after receiving a community sentence had been living with his grandmother because the local authority had been unable to find a secure placement for him. M has subsequently absconded and is in breach of his community sentence.

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Hart v Hart [2017] EWCA Civ 1306

Financial remedies appeal considering the correct approach to non-matrimonial property when determining a claim by application of the sharing principle.

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Wolverhampton City Council v JA & Ors [2017] EWFC 62

Case summary coming soon

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S (A Child) [2017] EWCA Civ 249

Judgment of McFarlane LJ dismissing mother’s appeal following the making of care and placement orders authorising the child to be placed for adoption.

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LB of Southwark v F [2017] EWHC 2189 (Fam)

London Borough of Southwark’s application for Deprivation of Liberty and Secure Accommodation Orders in respect of a 14 year old child.

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M v F & SM (Human Fertilisation and Embryology Act 2008) [2017] EWHC 2176 (Fam)

Application to extend the wardship of a child borne via a surrogacy arrangement.

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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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