Case Summaries

CA v Secretary of State for Work and Pensions and EG (CSM) (Child support: tribunal practice) [2017] UKUT 9

Decision of Charles J sitting in the Upper Tier Tribunal as to the practice of anonymising child support decisions and the circumstances when an anonymity order should be granted.

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H (A Minor) v Northamptonshire County Council & Anor [2017] EWHC 282 (Fam)

Keehan J’s judgment in H (a minor) provides useful and timely guidance for practitioners and the LAA on the proper procedure for pursuing HRA claims issued during the course of care proceedings.

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Re DD [2016] EWHC 3546 (Fam)

Exercising inherent jurisdiction, Baker J applied the welfare principle to order summary return of an abducted child to a non-Hague Convention jurisdiction.

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Re K and D (Wardship Without Notice Return Order) [2017] EWHC 153 (Fam)

Without notice application by a local authority seeking permission to invoke the inherent jurisdiction of the High Court and, thereafter, seeking orders in wardship in respect of two British children, aged 15 and 13, including orders for their summary return to this jurisdiction from Cyprus.

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W v X (Jurisdiction in matters of parental responsibility) [2017] EUECJ C-499-15

Judgment of European Court of Justice concerning a matter of jurisdiction in relation to parental responsibility and determining that jurisdiction should lie with the courts where the child is habitually resident.

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Steinfeld & Keidan v Secretary of State for Education [2017] EWCA Civ 81

Appeal against the dismissal of a challenge against the Secretary of State for Education’s decision not to make or promote changes to the 2004 Act to remove the prohibition on different-sex couples entering into a civil partnership.

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Thakkar v Thakkar & Ors [2017] EWFC 13

Fact finding (financial remedy) – determination of preliminary issues as to extent of husband’s and third parties’ beneficial interests in approximately. sixty international company entities, consideration of ‘sham’ / bare trust / nominee arguments.

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J (A Child) (Finland) (Habitual Residence) [2017] EWCA Civ 80

Court of Appeal dismisses a father’s appeal against the decision that the English courts lacked jurisdiction in relation to proceedings he wished to bring in relation to his son living in Finland.

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M (Children – Care Proceedings: Passport Order) [2017] EWCA Civ 69

Appeal against an open-ended order denying a father the return of his passports.

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CZ (Human Rights Claim: Costs) [2017] EWFC 11

Judgment in respect of claim under the Human Rights Act 1998 by parents and child for damages against a local authority in respect of an interim care order and section 20 agreement.

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Hayatleh v Mofdy [2017] EWCA Civ 70

The Court of Appeal’s judgment in relation to the validity of a Syrian marriage; displacing the presumption of marriage.

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Re X (A Child) [2017] EWHC 158 (Fam)

Judgment of Munby P granting, inter alia, a without notice location order in a case where relief was required to enforce an order made by the Scottish Court.

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EE and ME (Children) (Habitual Residence) [2016] EWHC 3363 (Fam)

Judgment of Baker J concerning the habitual residence of two children and whether the courts of England and Wales had jurisdiction to hear the Father’s application under the Children Act 1989.

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A v W and Others No 1 (Fact Finding) [2016] EWFC 64

Fact finding hearing within care proceedings concerning two young children.

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A v W and Others No 2 (Welfare) [2017] EWFC 8

Judgment of Theis J in care proceedings in which she (i) refused an application by the mother for further assessment after a fact-finding hearing concerning non-accidental injuries; and (ii) made care and placement orders in respect of two infant children.

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Wdowiak v Poland – 2876-12 (Judgment (Merits and Just Satisfaction) – Court (Fourth Section)) [2017] ECHR 133

Judgment of the European Court of Human Rights as to whether the state of Poland had violated the applicant’s article 8 right to family life by failing to take sufficient steps to enforce his rights to spend time with his son. The Strasbourg court found no such violation.

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