Case Summaries

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Re N-A (Children) [2017] EWCA Civ 230

Appeal by the father of two children, aged 16 and 14 years, against the decision to refuse permission for him to take them to live permanently in Iran.

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Re M (Child) [2017] EWCA Civ 228

Appeal to the Court of Appeal against a decision that a child born following a surrogacy arrangement should remain living with the gestational mother rather than the biological father, his partner and twins who were full siblings of the subject child.

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Chai v Peng & Others [2017] EWHC 792 (Fam)

Judgment following final hearing of financial remedies claim by wife where the ‘titanic’ litigation lasted over 4 years, with costs of £9m, in which the husband’s open offer was to pay a lump sum of £15m from a kitty of £119m and the wife sought £103m from a kitty of £206m. Wife awarded a lump sum of £64.5m from a kitty of £161m.

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T (A Child – Hague Convention proceedings) [2016] EWHC 3554 (Fam)

Refusal of summary return of a child to El Salvador, pursuant to the 1980 Hague Convention, after successful article 12 “settlement” and article 13(b) “grave risk of harm / intolerable situation” defences.

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Re H-W (A Child) [2017] EWCA Civ 154

Judgment on appeal in intractable child arrangements dispute concerning contact between W, a nine year old child, and his father.

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D (A Child) [2017] EWCA Civ 196

Successful Local Authority appeal contending that in respect of a fact-finding hearing there had been a failure to properly analyse and conduct an overall review of medical evidence.

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

Judgment in relation to the claim by the Secretary of State for the Home Department for Public Interest Immunity in relation to documents ordered to be disclosed into care proceedings.

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Z (A Child) [2017] EWCA Civ 157

Appeal against case management order concerning which party should bear the cost of translating documents in public family law proceedings.

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Re D and Others (Children) [2017] EWHC 284 (Fam)

Judgment on the issue of costs arising from an application under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

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W (A Child – Temporary Removal From the Jurisdiction) [2016] EWFC 4

Judgment on a father’s application to take his child on holiday to a country that is not a signatory to the Hague Convention.

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B v B (Fertility Treatment – Paperwork Error) [2017] EWHC 599 (Fam)

Application for declaration of parentage in respect of a child, of an unmarried couple, born as a result of fertility treatment where the clinic had made a paperwork error concerning consent.

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Assoun v Assoun [No 1] [2017] EWCA Civ 21

Judgment of the Court of Appeal concerning the principles surrounding the making of a Hadkinson order.

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Owens v Owens [2017] EWCA Civ 182

Appeal by wife from the refusal to grant her a decree nisi of divorce following a petition founded on section 1(2)(b) of the Matrimonial Causes Act 1973 even though the judge had, correctly, found as a fact that the marriage has broken down.

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Re TL [2017] EWCOP 1

Unsuccessful application for permission to appeal against orders made in proceedings concerning a 41-year-old woman with a learning disability and some features of autism.

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Re SU and SA (Children) [2017] EWHC 441 (Fam)

Judgment of Baker J following a referral by HM Passport Office regarding renewal of British passports in the names of three teenage girls (two of whom were wards of court) who were living in Australia with their father and whose mother objected to the renewal.

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Re B (A Child by her Guardian) [2017] EWHC 488 (Fam)

Application by non-biological mother for a child arrangements order in respect of B, now living with the mother in Pakistan, to spend time with the applicant, for telephone and Skype contact, and for indirect contact by way of letter.

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