Case Summaries

Judgment as to whether a two-year-old girl should live with proposed adopters or her paternal grandparents under either a special guardianship order or child arrangements order granting them residence.

Application by the Metropolitan Police Service to disclose documents in care proceedings to the Security Service to further the criminal investigation.

High Court elects to exercise jurisdiction under the Children Act 1989 to consider a mother’s application for retrospective permission to remove the children from the jurisdiction to Spain, without need for enforcement of an order for return under the Hague Convention, in the context of significant delay.

Third and final judgment by Mr Justice MacDonald in proceedings which concerned an application to recognise the child’s foreign adoption and make a declaration pursuant to s.57 of the Family Law Act 1986, and an application for a child arrangements order.

Appeal by father of a 10 year old girl, A, against the decision (in December 2015) of a circuit judge to permit A’s mother to remove her permanently to live in the Republic of Ireland in circumstances where, by the time of the appeal, A had been living in Ireland for several months.

Judgment of HHJ Bellamy (sitting as a Deputy High Court judge) considering whether a power of arrest can be attached to an injunction under the High Court’s inherent jurisdiction in the case of a vulnerable adult with capacity.

Court made a declaration of parentage pursuant to s.55A FLA 1986 following the relevant form having been lost or mislaid. Comments from Munby P about ensuring these cases are dealt with as quickly and smoothly as possible, and potential for the court to be invited to make costs orders ‘as the case goes along’.

Judgment reminding practitioners of the need for timely service of court bundles, especially where the party served is a litigant in person.

Case summary coming soon

Case management decision concerning the participation of P in ongoing Court of Protection proceedings.

Judgment in the European Court of Human Rights concerning a claim by the applicant that her Articles 6 and 8 rights had been breached by the Serbian authorities arising from their failure to enforce effectively two orders made for her to have access rights and custody of her child. Claims dismissed (two dissenting judgments).

Following Holman J’s earlier order, this judgment addresses the issue of how the applicant’s legal team could obtain clear instructions as to her wishes in relation to whether she wanted to remain in Saudi Arabia or return to the UK.

Munby P. declines to make an order for non-urgent medical intervention where care proceedings ongoing.

Judgment in which final orders are made in relation to an application by a father for a location order and guidance is given concerning the way in which the President’s Guidance in respect of the duration of ex parte orders is to be interpreted.

Revocation of an adoption order and declaration of parentage by Munby P after the clinic mislaid forms and the child was subsequently adopted by the parent.

Judgment revealing a lacuna in the law regarding children who are the subject of care proceedings in England or Wales but are habitually resident in another territorial unit of the United Kingdom; in this case, Scotland.