Case Summaries

X (A Child) and Y (A Child) [2016] EWHC 2271 (Fam)

Two cases as to whether an English court can making secure accommodation orders, under section 25 of the Children Act 1989 or the Court’s inherent jurisdiction, for a child to be placed in a unit in Scotland, and whether the orders would be enforced in Scotland.

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Re M (Children) [2016] EWCA Civ 937

Decision of the Court of Appeal affirming the absence of the court’s jurisdiction, whether under the Children Act or wardship, to make a care order in respect of a child who has attained the age of 17, even with the consent of the local authority to make such an order.

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Case L (Human Fertilisation and Embryology Act 2008) [2016] EWHC 2266 (Fam)

Application for a declaration that one party is not the legal parent of the child, in accordance with s.55A Family Law Act 1986, where the mother’s partner did not sign the requisite forms.

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K v K (Appeal: Excessive Costs) [2016] EWHC 2002 (Fam)

Award of costs against a mother who obtained registration of a Russian judgment and order in England, both of which were incapable of registration since they predated the entering into force of the 1996 Convention between the United Kingdom and the Russian Federation on 1 June 2013. One month after the mother obtained registration in England, the father notified the mother of his intention to appeal the orders for lack of jurisdiction. The mother sought advice (some of which was legally sound and some unsound) and eventually sought to withdraw her application, accepting that the English court had not had jurisdiction to undertake the registration, but not before the father had incurred £38,813 in legal costs. Mother ordered to pay £3,737.50 towards the father’s costs.

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S Local Authority v T, UN and Others [2016] EWFC 41

Complex composite fact-finding and welfare hearing before Keehan J in care proceedings.

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B (A Minor: Habitual Residence) [2016] EWHC 2174 (Fam)

High Court decision on habitual residence; very helpful summary of the legal principles applicable; consideration of preparation of habitual residence cases by lawyers.

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Al-Jeffery v Al-Jeffery (Vulnerable adult; British citizen) [2016] EWHC 2151 (Fam)

Applications by a British adult in Saudi Arabia, primarily under the inherent jurisdiction, seeking orders including a mandatory order against her father to permit and facilitate her return to this country.

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Re L (A Child) [2016] EWCA Civ 821

Appeal by a father against a final order, including public and private law children orders, on the grounds that the court had no jurisdiction under Council Regulation (EC) No 2201/2003 (“Brussels IIA”). Appeal allowed.

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A (A Child) [2016] EWCA Civ 820

Judgment of Black LJ in care proceedings allowing an appeal and directing a rehearing in respect of care and placement orders made only 3 months after the court had determined the child should be returned to the mother’s care.

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Re A (A Patient) (No 2) [2016] EWCOP 39

Supplementary judgment of the President addressing matters raised following the handing down of his judgment in the Court of Protection in Re A (A Patient) (No 1) [2016] EWCOP 38

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Re A (A Patient) [2016] EWCOP 38

Costs orders and a civil restraint order in Court of Protection proceedings heard by the President

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Re F (A Minor) [2016] EWHC 2149 (Fam)

Judgment of Hayden J concerning the probity and reliability of a Court expert’s evidence in public law care proceedings.

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W (A Child) [2016] EWCA Civ 804

Appeal against the making of a secure accommodation order pursuant to s 25 of the Children Act 1989 in relation toa girl aged 17 years and 8 months at the time of the application.

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D v D (Fertility Treatment: Paperwork Error) [2016] EWHC 2112 (Fam)

The latest in the series of cases focusing on applications for a declaration of parentage on the birth of a child following fertility treatment.

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Morris v Morris [2016] EWCA Civ 812

Husband’s appeal to the Court of Appeal against orders for variation of maintenance, committal and costs.

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A & Another v C & Another [2016] EWFC 4

Judgment of Mrs Justice Theis in an application for parental orders made after the six month time period. Application allowed.

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