Case Summaries

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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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D (Appeal – Failure of Case Management) [2017] EWHC 1907 (Fam)

Mother’s successful appeal of a case management decision that she, the alleged victim, could be cross-examined by an alleged abuser, the father.

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Amin v Amin [2017] EWCA Civ 1114

Appeal of a final order in a claim for financial relief after an overseas divorce: adjourning an application for a pension sharing order pending the payment (or otherwise) of a lump sum order.

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McIlwraith v Russia – 60393-13 (Judgment – Violation of Article 8 – Right to respect for private and family life)

An applicant father’s successful application to the European Court of Human Rights asserting that the Russian authorities had violated his Article 8 right to private and family life.

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Re N-S (Children) [2017] EWCA Civ 1121

Appeal, in care proceedings concerning seven children, essentially, raising two related questions: (i) what is the extent of a judge’s responsibility to provide reasons in support of orders made at the conclusion of public law children proceedings; and (ii) where there has been a failure to give reasons, but there can be no challenge on appeal to the substantive orders made, what steps, if any, should the appellate court take to redress the lack of adequate reasons.

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Birch v Birch [2017] UKSC 53

Appeal to the Supreme Court by wife against refusal to vary the terms of an undertaking embodied in a consent order for financial provision.

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Carmarthenshire County Council v Y [2017] EWFC 36

Judgment following fact finding in care proceedings.

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Great Ormond Street Hospital v Yates, Gard and Gard [2017] EWHC 1909 (Fam)

Judgment of Francis J, affirming declarations made by him on 11 April 2017, which at the time of this decision were unopposed, in respect of Charlie Gard (“Charlie”).

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Wigan Metropolitan Borough Council v M & Ors [2016] EWFC 13

Judgment by Jackson, J concerning the importance of findings of fact being made in a timely manner. In this case the allegations to be determined were over 20 years old.

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