Case Summaries

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.

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

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.

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

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.

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.

Wife succeeds in application to join trustees to existing proceedings brought by her to vary two familial trusts on the basis that they were nuptial settlements.

Application for judicial review made by a child challenging the London Borough of Lambeth’s assessment of her as not being a ‘child in need’ under section 17 Children Act 1989.

Judgment in the Chancery Division concerning the beneficial ownership of various companies, properties and chattels arising from the breakdown of a relationship between a cohabiting couple.

Application by a former wife under Part III of the Matrimonial and Family Proceedings Act 1984 for financial relief after an overseas divorce. Judgment in ‘Stage 1’ of the proceedings that (pursuant to s.16) it would be appropriate in principle for the English court to make an order for financial relief.

The Court of Appeal’s determination of a dispute as to the question of the designation of a local authority under a care order

The Court of Appeal dismisses a mother’s appeal against care and placement orders in relation to her young daughter.

Court of Appeal allows appeal and sets aside findings that a father smothered a 13 month old. Re-hearing to be kept under review pending the criminal proceedings.

Judgment concerning whether the Court can direct scientific testing of the DNA of a person who has died, for the purpose of providing evidence of paternity. Testing granted in the circumstances of this case.

Use of inherent jurisdiction to sanction local authority’s limitation of mother’s parental responsibility to choose children’s forenames.

Applications by father concerning the amount of time the parties’ two children should spend with each parent; whether the father should be permitted to take the children to visit his family in Algeria (a non-Hague Convention country); and whether it was in the children’s best interests to be circumcised in accordance with the father’s Muslim beliefs.