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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.
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.
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.
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.
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.
Complex composite fact-finding and welfare hearing before Keehan J in care proceedings.
High Court decision on habitual residence; very helpful summary of the legal principles applicable; consideration of preparation of habitual residence cases by lawyers.
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.
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.
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.
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
