Case Summaries

I County Council v TD & Others [2017] EWHC 379 (Fam)

Twelve month supervision order made in respect of four children who were to remain in their mother’s care, against the recommendation of the Guardian that a care order be made. Orders for direct and indirect contact made in respect of the respective fathers. Consideration given to the difference between a care order and supervision order.

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J v U; U v J (No.2) (Domicile) [2017] EWHC 449 (Fam)

Application for the dissolution of a marriage where the domicile of the parties was in dispute.

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Norman v Norman [2017] EWCA Civ 120

The Court of Appeal refuses permission to appeal a refusal to set aside a financial remedies consent made order in 2005 following a similar decision in the case in 2010. The Court considered the law on res judicata, estoppel and the court’s powers under s31F(6) MFPA 1984 and FPR 2010 r4.1(6).

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SW & TW (Human Rights Claim: Procedure) (No1) [2017] EWHC 450 (Fam)

Judgment in proceedings concerning two siblings and involving cross-applications for private law orders, an application by the local authority for public law orders and applications brought under section 7 of the Human Rights Act 1998 for declarations and damages.

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Roberts & Anor v Fresco [2017] EWHC 283 (Ch)

Application for permission to amend a claim form, the central question being whether a potential Inheritance Act claim by a surviving husband against his deceased wife’s estate abates on the death of the husband.

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Re S (A Child) [2015] EWCA Civ 1345

Successful appeal to the Court of Appeal in respect of a direction admitting a report (albeit on the basis that an addendum to that report should also be filed) which had been found to be “fundamentally flawed” by the Court of Appeal in an earlier appeal.

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A v R and Another (Declaration of Parentage) [2017] EWHC 396 (Fam)

Declaration of parentage made where the wrong forms were signed after the couple’s child was born following fertility treatment.

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T (A Child) [2017] EWFC 19

Final hearing in contested adoption proceedings where the mother had not been notified of the application for an adoption order or the father’s successful application for leave to oppose because her whereabouts were unknown.

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Lachaux v Lachaux [2017] EWHC 385 (Fam)

Mostyn J determined applications relating to the status of a Dubai divorce and set out his interpretation of s2(1)(b)(i) of the FLA 1986, which was said to provide a jurisdictional basis for the mother’s Children Act application.

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R (A Child – Care Order) [2017] EWHC 364 (Fam)

Judgment in a re-hearing in care proceedings in relation to a child, whose mother accepted that she had a long, chronic history of substance misuse. The two central issues were: (i) the interpretation of hair strand test results, and (ii) resolution of the child’s welfare.

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K v K [2016] EWHC 3380 (Fam)

Francis J grants a certificate of entitlement to a decree of nullity in circumstances where both parties agreed that there was nothing capable of recognition as a marriage and where the purported ‘marriage’ was unregistered and probably bigamous.

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G v S [2017] EWHC 365 (Fam)

Judgment determining unresolved issues arising from a claim under Schedule 1 to the Children Act 1989, in particular a provision seeking to restrict the mother and child from purchasing a replacement property outside England and Wales, effectively to prevent external relocation before a specified stage in the child’s education.

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B v L [2016] EWFC 67

Judgments of Mr Justice Francis in respect of a husband’s challenge on jurisdiction in divorce proceedings.

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A Local Authority & Anor v MC & Ors (Care proceedings) (Inherent Jurisdiction) [2017] EWHC 370 (Fam)

Care proceedings and an application under the inherent jurisdiction for a declaration of lawfulness of withholding invasive treatment.

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A and B (Findings against social worker) [2016] EWFC 68

Application for permission to appeal by a social worker involved in care proceedings, against whom finding had been made by the trial judge.

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Wodzicki v Wodzicki [2017] EWCA Civ 95

Appeal asserting sole beneficial ownership in an English property by virtue of on an alleged common intention constructive trust or alternatively, by way of proprietary estoppel.

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