Case Summaries

Moylan J determines a financial remedies application in a case dominated by the wife’s suspicion of the husband’s business dealings.

Judgment within care proceedings concerning (i) whether the court had jurisdiction under Article 8 Brussels IIA; and (ii) whether to accede to a request by the Lithuanian Central Authority for a transfer of jurisdiction under Article 15 Brussels IIA. Held that the court had jurisdiction on the basis that the children were habitually resident in England and Wales at the time proceedings were issued, and that the criteria warranting a transfer under Article 15 BIIA were not met. Accordingly the request by the Lithuanian Central Authority was refused.

Dismissal by the Court of Appeal of linked applications by a father in private law children proceedings: (i) permission to appeal a fact-finding judgment and subsequent welfare decision; and (ii) an appeal against a non-molestation injunction prohibiting the father from recording his meetings/handovers with the mother.

Appeal against finding that a cohabitee was entitled to 85% of the beneficial interest in a property where there was no express declaration of trust. Appeal dismissed.

Application by the local authority to authorise the deprivation of liberty of a child in its care, who had been placed in a residential children’s home.

Important decision of the Court of Appeal concerning adoption cases with a foreign element, the possibility of ‘limping’ adoptions, and future good practice in relation to section 20 Children Act 1989: misuse and abuse of s.20 will ‘no longer be tolerated’ and ‘it must stop’.

Appeal by the father against child maintenance orders made under Schedule 1 to the Children Act 1989. Appeal allowed and remitted the matter for rehearing.

Applications by a journalist and local authority by which the former sought permission to report certain care proceedings whilst the latter sought a reporting restriction order. Agreed order approved.

Local Authority application for a secure accommodation order under s.25 Children Act 1989 or alternatively, under the High Court’s inherent jurisdiction

Judgment following a final hearing of an application brought by a father for an order under the Hague Child Abduction Convention for the return of his son to Israel.

Second successful appeal in a Court of Protection case in which the Court of Appeal applies the Supreme Court’s definition of “deprivation of liberty” and also addresses the ambit and procedure of consensual appeals made pursuant to CPR r.52 and PD52A.

The fourth published judgment from Mr Justice Cobb in a long-running private child dispute between same-sex parents

Appeal by father against the decision by the trial judge to order the return of the parties’ children to their mother in Australia, following their wrongful retention by their father.

Appeal against refusal to make care orders (and placement orders) based on care plans for adoption.

Appeal by local authority following a fact finding hearing in which the judge determined not to make findings that the fractures suffered by the child were the result of non–accidental injury. The appeal was allowed and the matter was remitted for a hearing de novo.

Father’s appeal against final care order dismissed. Court of Appeal gives guidance on skeleton arguments, particularly when inheriting a case from a litigant in person.