Case Summaries

In the matter of Z (A Child) (No 2) [2016] EWHC 1191 (Fam)

Application by a father (“single person”), (following an unsuccessful application for a parental order) for a declaration that sections 54(1) and 54(2) of the Human Fertilisation and Embryology Act 2008 are incompatible with his and his son’s rights under Article 8 alone or Article 14 taken in conjunction with Article 8.

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Kent County Council v M and K (Section 20: Declaration and Damages) [2016] EWFC 28

Theis J addresses two issues in relation to a 14-year-old child: (1) the making of a care order with a plan for long-term foster care; and (2) a claim on K’s behalf under HRA 1998 for declarations and damages following prolonged accommodation under section 20, Children Act 1989.

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Re X (Foreign Surrogacy – Child’s Name) [2016] EWHC 1068 (Fam)

Application by a same-sex couple for a parental order in respect of an international surrogacy arrangement (Nepal), and consideration of whether an additional order was needed to change a surrogate child’s birth name.

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Re O (Withdrawal of Medical Treatment) [2016] EWCOP 24

Declaratory relief granted to a Trust to withdraw artificial ventilation from a woman who had suffered severe brain damage.

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Local Authority X v HI and Others [2016] EWHC 1123 (Fam)

Application by a Guardian for an order restraining a local authority from disclosing to the parents of a child in care a specific piece of information which that child had shared with professionals.

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Cumbria County Council v M & Others [2016] EWFC 27

A short judgment of Peter Jackson J refusing to re-open care proceedings on the basis of new evidence which had not been disclosed to the family court by the police at the time of the original fact-finding hearing, reported as Cumbria County Council v M, F & A [2014] EWFC 18.

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Cumbria County Council v M & Others [2014] EWFC 18

Judgment of Peter Jackson J widely reported in the media, handed down in July 2014, but not published until May 2016. Care proceedings in which a finding is made that the father murdered the subject child’s infant sibling, more than 2 years after the event took place and after several (now well-publicised) agency failings in investigating the death.

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CP v Secretary of State for Work and Pensions (CSM) (Child support – calculation of income) [2015] UKUT 391 (AAC)

Successful appeal to Upper Tribunal in CMEC case where the court found that the First-Tier Tribunal had failed in its duty to enquire into the Mother’s allegations.

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HA (A Child) (Care Proceedings: Final Order) [2015] EWHC 4172 (Fam)

Judgment in long-running care proceedings where a final order was made at the pre-trial review.

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RA (Baby Relinquished for Adoption – Case Management) [2016] EWFC 25

Judgment concerning a Latvian child, relinquished by his parents at birth, who was the subject of an uncontested adoption application where the maternal grandmother, living in Latvia, had expressed interest in caring for the child.

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Migliaccio v Migliaccio [2016] EWHC 1055 (Fam)

Wife’s application for a judgment summons in respect of arrears of child periodical payments and an unpaid costs order. Judgment of Mostyn J includes consideration of the evidential burden in judgment summons hearings.

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T v R (Maintenance after Re-marriage – agreement) [2016] EWFC 26

Wife’s application to strike out an application for a variation of a maintenance agreement under section 35 MCA 1973 refused

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Re E (Female Genital Mutilation and Permission to Remove) [2016] EWHC 1052 (Fam)

Application by the mother for FGM orders against the father in respect of three children, countered by the father’s cross-application for the children to be placed in his care and permission to permanently remove the children from the jurisdiction to the jurisdiction of Nigeria. The father’s application was granted.

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K v K (Financial Remedy Final Order prior to Decree Nisi) [2016] EWFC 23

Cobb J considers the validity of a financial remedies order made prior to Decree Nisi where the court was unaware of this fact.

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Singha v Heer [2016] EWCA Civ 424

Unanimous rejection of an appeal against the determination of beneficial interests in a former matrimonial property now the subject of a TLATA claim in which a third party with no legal interest had attempted unsuccessfully to claim 100% of the beneficial interest relying upon a purported written agreement which the lower court had found to have been forged.

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SG v Secretary of State for Work and Pensions and CL (CSM) (No. 2) (Child support – calculation of income) [2016] UKUT 171 (AAC)

Decision of the Upper Tribunal concerning a father’s appeal against an assessment for child maintenance by the Child Support Agency (as it was), where the original assessment was in 2004, no maintenance had been paid and the proceedings had run for 12 years.

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