Case Summaries

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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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R v B and Capita Trustees [2017] EWFC 33

Wife ordered to make ‘needs’ based award to husband adjusted to account for husband’s conduct and litigation misconduct.

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GP (Wrongful Removal) [2017] EWHC1480 (Fam)

Application pursuant to the Child Abduction and Custody Act 1985 for the summary return of a child to Italy. Applicant granted.

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Quan v Bray and Others [2017] EWCA Civ 405

Appeal by wife of a high net worth couple in financial remedy proceedings in which she asserted that funds donated by her husband were being held by a trust which was effectively a post-nuptial settlement.

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IH (Observance of Muslim Practice) [2017] EWCOP 9

Applications before the court concerning the degree to which a person without capacity should be assisted in adhering to Islamic religious observances.

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TB v Secretary of State for Work and Pensions and RB (CSM) (Child support – cancellation) [2017] UKUT 218 (AAC)

Appeal relating to a case governed by the 1993 child support scheme and concerning whether, and if so the date from which, a maintenance assessment should be cancelled due to an absent parent ceasing to be habitually resident but notifying the agency of that some 10 years after the event, during which period both children had grown up and ceased to be qualifying children.

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M and T (Proposed Convention Adoption – Habitual Residence) [2015] EWFC B239

Applications by a prospective adopter to withdraw her application for a Hague Convention Adoption order and to revoke care and placement orders in respect of two children in her care.

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F v L [2017] EWHC 1377 (Fam)

Appeal by the mother against the refusal of her application for permission to relocate to Italy and against the making of a Child Arrangements Order splitting the child’s time roughly equally between the two homes

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AH v Secretary of State for Work and Pensions (Child Support Agency) [2017] EWFC B27

Out of time appeal against final lump sum deduction order in respect of arrears of child support dismissed.

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