Case Summaries

Application under the Child Abduction and Custody Act 1985 involving a thirteen year old child, who, having been wrongfully retained in England and Wales, is returned to Ireland, despite his vociferous objections.

Application by mother to be released from a prohibited steps order preventing her from removing the parties’ two children from the jurisdiction so that she could take them to a family wedding in Malaysia. Application granted.

The claimant (W) sought a freezing order and an asset preservation order against the respondent, her former husband (H), and several companies in which H had shares.

Successful appeal from the First Tier Tribunal (‘FTT’) regarding the amount of a parent’s child support maintenance liabilities. The Upper Tier Tribunal (‘UTT’) held that the FTT had erred in law as a result of misconstruing the Child Support Maintenance Regulations 2012.

Guidance from the Upper Tribunal as to how the First-tier Tribunal should exercise case management powers to ensure in child support cases that a parent is not prevented from attending a hearing because of fear of intimidation.

Judgment concerning babies relinquished for adoption. Approval of adoption does not depend on local authority or court reaching the conclusion that ‘nothing else will do’. Consideration of issues including obligations under Vienna Convention when child relinquished for adoption or otherwise voluntarily accommodated by a local authority.

Application by the genetic parents for a parental order in respect of a child born in October 2014). The respondents (the surrogate mother and her husband) did not oppose the application; however the case required careful consideration due to the improper procedures followed during the transfer process. The parental order was made.

Application in relation to a newborn baby for an ICO with a care plan for removal in which Keehan J strongly criticises local authority failings and sets out vital good practice for future cases.

Fact-finding concluding that the mother caused life-threatening injuries to 10 month old baby.

Following an earlier judgment in which Cobb J concluded that a baby’s mother had caused life-threatening injuries to her son and that these injuries were non-accidental, Cobb J sets out reasons for directing a re-consideration of those findings of fact.

Judgment of Macdonald J in private law children proceedings considering competing applications regarding with whom an 11 year-old boy should live and under what terms he should (a) remain with the maternal aunt under a special guardianship order; or (b) move to live with the father. The judgment contains a scathing assessment of the report and oral evidence of a very junior social worker and the training given to her.

Mostyn J ruling that courts can interfere with arbitral awards in cases of fraud, mistake or supervening event, but finding that it should not do so in this instance.

Appeal against the decision in respect of media reporting of a fact finding hearing in the much reported Poppi Worthington case.

Application for permission to appeal against an order dismissing the appellants’ claim for judicial review of a decision of the respondent, the Human Fertilisation and Embryology Authority, where the appellants had sought to have the gametes of their daughter exported to a treatment centre in New York.

Local Authority application to discharge an injunction against an individual who had been mistakenly identified as a perpetrator of child exploitation.

Needs case with arguments about the doctrines of resulting and constructive trusts, nuptial settlements and Thomas v Thomas resources.