Case Summaries

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

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.

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.

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.

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.

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.

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.