Case Summaries

Father’s appeal against order permitting the wife to move with their daughter from London to Cumbria. (Guidance given by Court of Appeal about principles to be applied in relocation cases).

Final hearing of cross-applications by the parents for a child arrangements order that D live with them and of the mother’s application for permission to remove D permanently from the jurisdiction to Israel.

Court of Appeal decision in private law proceedings regarding mother’s application for contact with child in the USA where the mother lived. Application at first instance dismissed; appeal allowed. Consideration of legal protection offered by the mother.

Appeal of Russell J’s decision (made on rehearing) to order the return of a child who had been placed with prospective adopters to the care of her father.

The Upper Tribunal determines that repayments of a director’s loan can constitute income for the purposes of an application to vary child support maintenance on the grounds of diverted income.

Judgment setting out guidance, approved by the President of the Family Division, in respect to applications for parental orders under the Human Fertilization and Embryology Act 2008 section 54.

Application by NHS Trust for declarations relating to life sustaining treatment of a patient.

Application under the Inherent Jurisdiction of the High Court in which the court found that a 25-year old man, who had been married in Pakistan, lacked capacity to consent to sexual relations/marriage and exercised its discretion to make a declaration of non-recognition in relation to the marriage.

Appeal against placement orders involving issues of inter-sibling contact and cultural heritage needs.

The High Court, considering the Hague Convention 1980 and BIIR, found no substance to three Article 13 (b) ‘defences’ or exceptions to an order for summary return of an 8-year-old child to his country of habitual residence, in circumstances involving likely separation of siblings.

Application by mother for variation of an order requiring the return of the parties’ child to The Netherlands. Application dismissed.

Appeal by DG, the mother of AG, against an order of His Honour Judge Rogers who had considered the welfare arrangements for AG in the Court of Protection. Appeal dismissed by the President.

Application by an NHS trust pursuant to s 15 of the Mental Capacity Act 2005 for a declaration that patient ‘C’ lacked capacity to make decisions about her medical care and treatment. The application was dismissed (and the court did not therefore need to consider the further application for declarations pursuant to s.4A and s. 15 to authorise the trust to administer further medical treatment).

Judgment in care proceedings concerning five children whose sibling died suddenly and unexpectedly.

Application for the summary return of a child to Saudi Arabia. Application declined.

Application for permission to appeal a decision to permit the withdrawal of life sustaining treatment of an 11 year old boy. Permission refused.