Case Summaries

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

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.

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.

Fact finding hearing within care proceedings concerning two young children.

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.

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.

Gloster LJ clarifies the law on anonymising reports of financial remedies appeals to the Court of Appeal.

Court of Protection decision concerning a young pregnant woman, with a diagnosis of autism and a learning disability, and the question of how she should deliver her child.

Application by Cheshire and Wirral Partnership NHS Foundation Trust in respect of medical treatment of Z, a 46 year old woman with anorexia nervosa.

A mother’s appeal, in private law proceedings, against the determination that ten allegations she had made were not proved.

Judgment concerning the issue of post-adoption contact between two half-siblings.

Application by a local authority under the inherent jurisdiction for a declaration that it was in SL’s best interests to receive two immunisations.

Judgment by Bodey J in favour of anonymising a judgment he had previously handed down in a financial remedy application.

An appeal from the Court of Protection in which the appellant had been ordered to facilitate MM’s return to this jurisdiction, the court having found (on a number of occasions) it to be in MM’s best welfare interests to be cared for in the south west of England. The parties compromised the appeal and the court was asked to approve a consent order, allowing the appeal, on the basis that (i) the order made had become otiose and (ii) it would be futile to subject the appellant to further coercive orders in the face of her continuing obduracy. Case remitted to the court of first instance for the proceedings to be concluded.

An unsuccessful application under the Hague Convention 1980 seeking an order for the summary return of two children to Australia. The court found that the children were habitually resident in the UK at the date on which the children were allegedly ‘wrongfully retained’ and the Convention did not apply. The father’s application therefore failed.

Appeal by London Borough of Hackney against judgment finding it liable for failing to comply with its statutory duty under the Children Act 1989 section 20.