Case Summaries

Abertawe Bro Morgannwg University Local Health Board v RY & Anor [2016] EWHC 3256 (Fam)

Application to the Court of Protection for declarations as to capacity and best interests in relation to an 80-year old patient who had suffered a cardiac arrest some five months prior to the application. Concern expressed by Hayden J for a tendency in CoP cases to “adjourn these difficult applications for a wide and ever varying variety of enquiry”.

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AB & Anor v GH [2016] EWHC 2063 (Fam)

Theis J considers the issue of domicile of choice in the context of section 54 HFEA 2008 in relation to applicants whose domicile of origin was Germany.

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M v F [2016] EWHC 3194 (Fam)

Mother’s application for permission to relocate her two children out of the jurisdiction to the state of Utah in the USA. The move was opposed by the father and the Children’s Guardian, but permitted by the court.

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L (A Child) [2016] EWCA Civ 1297

Appeal restating the court’s power to grant contact orders pursuant to Council Regulation (EC) No2201/2003 (“Brussels II revised”).

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Re GDF and BD [2016] EWHC 3312 (Fam)

Two linked applications for claims for damages and declarations under the Human Rights Act 1998 in the context of public law children proceedings.

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AB v FC [2016] EWHC 3285 (Fam)

Wife’s application for financial remedies after a short marriage (with one young child) during which there was no marital acquest.

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Magiera v Magiera [2016] EWCA Civ 1292

Appeal concerning the jurisdiction provisions of Brussels I in relation to the appellant’s unsuccessful application to dismiss or stay proceedings brought in relation to a London House under TLATA.

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T v E (Refusal to Order Return) [2016] EWHC 3148

Father’s unsuccessful application for the summary return of the child to Turkey, on the basis of a defence under Article 13(b).

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Re F (Children) [2016] EWCA Civ 1253

Unsuccessful appeal against an order, made in proceedings under the 1980 Hague Convention, setting aside orders for the return of the parties’ three children to Hungary.

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Scatliffe v Scatliffe (British Virgin Islands) [2016] UKPC 36

An ex-husband’s unsuccessful appeal to the Privy Council against an order for ancillary relief made by the High Court of the Eastern Caribbean Supreme Court (British Virgin Islands) and upheld in large part by the Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands).

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RD & Others (Duties and Powers of Relevant Person’s Representatives and Section 39D IMCAS) [2016] EWCOP 49

Judgment in five joined test cases as to how relevant person’s representatives (RPRs) and s.39D IMCAs should decide whether to bring an application to the Court of Protection under s.21A of the Mental Capacity Act 2005 to challenge a standard authorisation under Schedule A1.

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PF v CF [2016] EWHC 3117 (Fam)

Application by husband for permission to appeal a non-molestation order and occupation order. Application refused.

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T (A Child) [2016] EWCA Civ 1210

Successful appeal of case management decision to dispense with the need for a fact finding hearing in the context of a private law children dispute.

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Devon County Council v Kirk [2016] EWCA Civ 1221

Successful appeal against a six-month prison sentence for contempt of court imposed in the Court of Protection.

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Re W (Adoption – Contact) [2016] EWHC 3118 (Fam)

Cross-applications by the prospective adopters for an adoption order in respect of A, a two and a half year old girl, and an application by A’s paternal grandparents, (pursuant to permission) for a Special Guardianship Order.

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Re N (A Child) [2016] EWHC 3085 (Fam)

Application for a declaration of recognition of an adoption which was formalised in India in 2011, and an application for an adoption order under the Adoption and Children Act 2002, the Secretary of State for the Home Department being joined as a respondent to the proceedings.

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