Case Summaries

Successful appeal by a mother in care proceedings following a finding of fact being made against her in circumstances in which no party sought that finding, no such allegation was put to the mother in oral evidence and it was not addressed by counsel for any party in submissions.

Application for parental orders adjourned generally due to the respondent’s refusal to consent to the order being made.

Appeal against an order recognising and enforcing a French residence order in relation to two children, namely A, aged 12, and B, aged 10. Bodey J dismisses the appeal and recognises and enforces the French order.

A 16 year old’s appeal on the ground that, in public law proceedings, she should have been able to part company with her guardian and to instruct her own solicitor.

Appeal by a father against a decision to grant his former wife permission to relocate to Moscow with the parties’ two children.

Decision of Mr Justice MacDonald in relation to significant and repeated failures by a local authority to comply with directions of the court in already lengthy care proceedings.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.