Case Summaries

C (Children) [2017] EWCA Civ 980

An appeal arising in Hague Convention Proceedings: a mother did not return two children to Australia, from England, after an agreed extended stay. Father’s application for summary return failed. On appeal the key issues were (i) whether anticipatory retention is possible, (ii) if so, whether any event prior to the return date could amount to wrongful retention and (iii) whether the judge erred in his assessment of the children’s habitual residence.

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W v The Secretary of State for the Home Department [2017] EWHC 1733 (Fam)

Judgment concerning recognition of a Nigerian adoption order; adoption order recognised. In the event the court was wrong as to whether it had complied with the requirements of foreign law, it would have been recognised at common law as to do otherwise would be a breach of Article 8 rights.

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Veluppillai v Chief Land Registrar & Ors [2017] EWHC 1693 (Fam)

Combined applications made respectively by the Chief Land Registrar and Bank of Scotland Plc that the claims related to an order made in financial remedy proceedings and issued against them respectively by the claimant should be struck out; and a further application by the Bank of Scotland Plc, supported by the Chief Land Registrar, that a general civil restraint order should be imposed on the claimant.

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SA v FA (setting aside consent order on ground of duress) [2017] EWHC 1731 (Fam)

Application to set aside an order dismissing an application, by a mother for the return of her two sons retained by the father in Kurdistan, on the grounds of duress.

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Re C (A Child) No. 2 – (Application for Public Interest Immunity)[2017] EWHC 692 (Fam)

Secretary of State for Home Department’s claim for Public Interest Immunity within public law children proceedings upheld

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Gibbs v Gibbs [2017] EWHC 1700 (Fam)

Committal application against a mother for breaches of orders prohibiting her from disclosing, disseminating or publishing any information regarding private law proceedings, in which she had made allegations against the father.

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Gard and Others v United Kingdom

The application to the European Court of Human Rights, brought by the parents of Charlie Gard was declared inadmissible.

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NHS Foundation Trust v QZ [2017] EWCOP 11

Application by an NHS Foundation Trust, seeking an order permitting a hysteroscopy and endometrial biopsy upon a patient who lacked mental capacity and, if found necessary, a hysterectomy under general anaesthetic.

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Re CB (International Relocation: Domestic Abuse: Child Arrangements) [2017] EWFC 39

Application by the father for a child arrangements order to spend time with the parties’ child, and the mother’s cross-application for permission to remove the child permanently from the jurisdiction to reside with her in Portugal, against findings of domestic abuse. Matter adjourned for 5 months.

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M (Children) [2017] EWCA Civ 891

A father’s appeal in private law proceedings to enforce an interim contact order made in Estonia in June 2015. The appeal was dismissed as the court did not have the power to order the local authority or CAFCASS to supervise contact.

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X (A Child – No 2) [2017] EWHC 1585 (Fam)

Judgment of the President of the Family Division who was faced with the need for a care order in circumstances where the child was fast approaching her 17th birthday but where the care plan was inchoate.

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CS & Another v PD [2017] EWHC 1514 (Fam)

Judgment of Mr Justice Holman in an “unusual” case under the Hague Convention on the Civil Aspects of International Child Abduction.

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A Local Authority v The Mother & Another [2017] EWHC 1515 (Fam)

On a very exceptional application in very exceptional circumstances, Holman J made a placement order and a declaration that neither the local authority nor the guardian need take any step to identify or locate the baby’s father or give notice of these proceedings or any adoption proceedings to any member of the maternal or the putative paternal families.

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ND v SD & Ors [2017] EWHC 1507 (Fam)

Judgment of Roberts J considering sham trusts; the beneficial ownership of various shareholdings and s.37 set aside applications

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A Local Authority v HB (Alleged Risk of Radicalisation and Abduction) [2017] EWHC 1437 (Fam)

Fact-finding hearing in proceedings concerning applications for orders under the inherent jurisdiction of the High Court and Part IV of the Children Act 1989, which involved alleged risks of radicalisation.

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The Public Guardian’s Severance Applications (Rev 1) [2016] EWHC COP 10

Court of Protection judgment involving 17 electronic applications made by the Public Guardian for the severance of clauses in instruments intended to have effect as lasting powers of attorney.

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