Case Summaries

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.

Judgment by Cobb J in the Court of Protection concerning a 20-year-old woman with Asperger’s Syndrome and her capacity to make a variety of decisions as to how and where she should live. It is a very helpful example of a finely-balanced case on the facts and involves a nuanced application of the statutory test for capacity under the MCA 2005.

Appeal concerning an application to extend a supervision order and to enforce a contact order. Held that the trial judge acted proportionately in limiting the written evidence of the parents and was not wrong in proceeding with the trial in the father’s absence. Appeal dismissed.

Linked appeals in the Court of Protection against the refusal of an application for the authorisation for the deprivation of liberty of a 35 year old man, suffering from autism and learning disabilities, at the home where he has lived since 2006. Appeals allowed.

Fact-finding hearing concerning the siblings of Poppi Worthington involving evidence about the interpretation of post-mortem findings given by six professional witnesses.

Care proceedings in which Munby P sets out key principles to consider in cases involving parents with learning disabilities.

Unsuccessful application by a husband to set aside an order fixing his liability to pay child maintenance on the basis that the term stating that he could be validly served by email was a contravention of “The Hague Convention on Service”).

Fact finding hearing concerning grave allegations of abuse perpetrated against two children by their stepfather. Observations made about the failures of the statutory agencies highlighting the importance of prompt action, thorough analysis and early referral to legal services by social services teams handling similar cases.

Fact-finding hearing in public law proceedings regarding a mother accused of attempting to take her children to Syria where, it was alleged, she intended to join up with ISIS. Munby P was not persuaded to make the central findings sought by the local authority and the care and wardship proceedings were dismissed.

Application for an adoption order in respect of a 7 year old girl of Latvian citizenship. Latvian authorities involved within the proceedings. Adoption order granted.

Appeal against an order permitting the permanent removal of two children to the United Arab Emirates. Consideration of the use of wardship and provision of financial security to ensure and enforce compliance.