Case Summaries

Fact finding hearing about the cause of wrist fractures in a later deceased child concluding that the father caused the injuries.

Judgment concerning the relationship between Article 16 (court first seised) and Article 19 (lis pendens) of Brussels II Revised. Specifically, whether a court should simply ‘decline’ jurisdiction, or do so by way of ‘dismissing’ the English proceedings. The concluding paragraphs address service of foreign process within Brussels II Revised.

Judgment within long-running financial remedy proceedings, dealing with the Husband’s application for the court to reconsider the decision to grant the Wife permission to appeal.

A judgment of Bodey J considering the jurisdiction of the court to stay an application under TOLATA.

Judgment in Court of Protection proceedings concerning the possible deprivation of liberty of a young person in a residential unit.

Appeal against an order of Peter Jackson J concerning the recognition and enforcement of an order relating to custody of a nine year old child which had been made by the Romanian Court of Appeal.

Final hearing concerning the father’s application for direct and indirect contact, and the mother’s applications for prohibited steps and section 91(14) orders.

Appeal against a case management decision to include as evidence a document that the Court of Appeal had previously in a separate appeal found to be fundamentally flawed. Appeal allowed.

High Court referral to ECJ to determine whether the enforcement of European maintenance orders can be made directly to the Family Court (as opposed to via REMO).

Application by the local authority for interim care orders in respect of two children, where forced marriage protection orders had been made against the parents.

High Court judgment in proceedings under s55A Family Law 1986 for a declaration of parentage in respect of a child, C.

Appeal, brought by the mother of two children, against the decision in private law children proceedings. Appeal allowed and crIticism made of the adequacy of the judge’s reasons for his decision.

Mother’s appeal against the making of care and placement orders in relation to P, who was 18 months at the time of the appeal hearing.

Appeal as to validity of marriage allowed on basis of new evidence, matter remitted.

Wife’s application for committal of the Husband for contempt in financial remedy proceedings. Parker J found that the Husband had breached two orders and an undertaking, describing him as insouciant and unrepentant and imposed an immediate custodial sentence.

Parker J considers the procedural requirements of committal applications and the powers of the court to remedy defects.