Case Summaries

JH v Secretary of State for Work and Pensions and LH (CSM) (Child support – other) [2016] UKUT 440 (AAC)

Appeal concerning the application of the rules on shared care in a child support case. The Upper Tribunal found that there had been an error of law by the First-tier Tribunal.

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N (Children: Welfare Decision), Re [2016] EWFC 44

Remitted final hearing of a local authority’s application for care and placement orders in respect of two girls of Hungarian parents where the Hungarian authorities maintained that the girls should be moved to foster carers in Hungary so that appropriate decisions could be made there about their long-term futures.

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Thakkar v Thakkar [2016] EWHC 2488 (Fam)

Judgment of Mr Justice Moor on a contested application to obtain decree absolute prior to the conclusion of the financial remedy proceedings. Application dismissed and costs awarded.

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Thum v Thum [2016] EWHC 2634 (Fam)

Judgment of Mr Justice Mostyn in a case where the husband contended that the wife’s delay in serving the divorce petition had been tactical and that the petition should be stayed or dismissed.

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Re R (Child) [2016] EWCA Civ 1016

Appeal by father concerning the removal of the parties’ one year old child from Kent to the North East of England, in which a central issue was whether in such circumstances the courts should approach the case in the same was as an alleged international abduction.

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Re M and L [2016] EWHC 2535 (Fam)

First reported judgment in this country involving the power to submit a request to the court of another country for authorisation to exercise jurisdiction under Article 9 of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in Respect of Parental Responsibility and Measures for the Protection of Children.

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Jefferies v BMI Healthcare Ltd (Human Fertilisation And Embryology) [2016] EWHC 2493 (Fam)

Application for declaration that it was lawful for frozen embryos to be stored for 10 years; the case turned on a signature and the declaration was granted. Importance of clinics complying meticulously and at all times with the HFEA’s guidance and directions stressed.

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AB v CD [2016] EWHC 2482 (Fam)

Application by husband for costs on the indemnity basis, with an immediate substantial payment on account, following a successful application to set aside a consent order in ancillary relief proceedings in 2012.

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In the matter of RA (Baby Relinquished for Adoption) [2016] EWFC 47

Cross-applications by the prospective adopters for an adoption order, the maternal grandmother for leave to apply for a child arrangements order, and the birth parents for leave to apply to oppose the adoption order.

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Al-Baker v Al-Baker [2016] EWHC 2510 (Fam)

Application by a wife pursuant to Part III, MFPA 1984 for financial provision following an overseas divorce in which the husband failed to comply with disclosure obligations and numerous court orders.

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Re H (Child) [2016] EWCA Civ 988

Judgment considering how the family courts should approach cases in which asylum is a feature.

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Roocroft v Ball [2016] EWCA Civ 1009

Financial remedies: Court wrong effectively to ‘strike out’ and give ‘summary judgment’ on a ‘set aside’ application, in which material non-disclosure was alleged, following the making of a consent order.

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Horton v Henry [2016] EWCA Civ 989

Judgment in Court of Appeal as to whether a pension entitlement in respect of which a bankrupt has a present right (not yet exercised) to elect to draw down payment falls to be included in the assessment of his income.

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M (Children) [2016] EWCA Civ 942

Appeal against the decision of Russell J refusing the summary return of two children (JK aged five years eight months and DI aged four years ten months) to the United States of America. Appeal allowed.

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Moog v Germany – 23280-08 (Judgment (Merits and Just Satisfaction) – Court (Fifth Section)) [2016] ECHR 839

Judgment by the European Court of Human Rights concerning a father’s complaint that his Art 8 rights had been breached because of the excessive length of contact proceedings in respect of his son, the suspension of contact and the family courts’ failure to appoint in due time a guardian ad litem in order to safeguard the child’s interests.

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Re B-C (A Child) [2016] EWCA Civ 970

Appeal allowed against court’s refusal to list local authority’s application for an interim care order after an unsuccessful application for an emergency protection order.

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