Case Summaries

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Re M (A Child) [2015] EWFC 71

Judgment by Munby P on the entitlement to legal aid funding of a parent who is seeking a review of findings of fact in public law children proceedings.

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H v Dent & Others [2015] EWHC 2228 (Fam)

Application for costs following unsuccessful committal proceedings brought by a father who was involved in private law Children Act proceedings.

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X (Children) and Y (Children) (No 2) [2015] EWHC 2358 (Fam)

Supplemental judgment to that in X (Children) and Y (Children) [2015] EWHC 2265 (Fam) concerning the security measures to be implemented in order to reduce the risk of flight by the families concerned.

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Re D (A Child) [2015] EWCA Civ 829

Father’s appeal against an order dismissing his application for a child arrangements order for contact to his son

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Birch v Birch [2015] EWCA Civ 833

Wife’s appeal to vary the terms of an undertaking embodied in a financial provision order made by consent in 2010

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X (Children) and Y (Children) [2015] EWHC 2265 (Fam)

Judgment by the President of the Family Division concerning two cases in which it was alleged that families had attempted to travel to Syria, the main issue in each case being whether the children should remain in the care of the respective local authorities in the interim pending final decisions being made by the court.

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Re NH (1996 Child Protection Convention Habitual Residence) [2015] EWHC 2299 (Fam)

Judgment as to whether the English courts have jurisdiction to hear applications for orders under the inherent jurisdiction and/or a public law order under Part IV of the Children Act 1989 where the it is not possible to establish the subject child’s habitual residence.

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W-J (Children) [2015] EWCA Civ 788

Appeal against interim care order on plan for separation of mother and child. Issues raised in respect of adjournment to explore available options and use of injunctive relief under the Human Rights Act 1998

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Ilott v Mitson & Others [2015] EWCA Civ 797

Claim pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 by the estranged daughter of the deceased whose will made no provision for the daughter

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Re P (A Child) [2015] EWCA Civ 777

Appeal by mother against order refusing her permission to oppose the making of an adoption order in respect of her child, aged 19 months at the time of the hearing, on the basis that the judge was wrong in finding that the mother had not shown sufficient change to satisfy s 47(7) of the Adoption and Children Act 2002. Appeal dismissed.

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R v R [2015] EWCA Civ 796

Appeal as to whether an order for the husband to pay interim maintenance to the wife circumvented Ukrainian sanctions legislation to which the husband is subject. Appeal dismissed.

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Re W (Adoption Application: Reunification with Family of Origin) [2015] EWHC 2039 (Fam)

Hearing following Court of Appeal setting aside care and placement orders. Adoption order not granted and child returned to live with biological parent and siblings.

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WA v Executors of the Estate of HA & Others [2015] EWHC 2233 (Fam)

“Fabulously wealthy” Wife’s appeal against a consent order for financial provision on the basis that the Husband’s suicide 22 days after the making of the order constituted a Barder event. Appeal allowed and the lump sum reduced from £17.34 million to £5 million

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G (Child) [2015] EWCA Civ 834

Successful appeal of findings made following a finding of fact hearing within private law proceedings where the judge hearing the matter was deemed to have intervened to the extent of prejudicing the exploration of the evidence.

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KG v LG (No 2) [2015] EWFC 64

Appeal by wife against a consent order in financial remedy proceedings on the grounds of material non-disclosure. Appeal allowed.

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London Borough of Redbridge v SNA [2015] EWHC 2140 (Fam)

Application by local authority to invoke the inherent jurisdiction of the High Court to protect young people in the borough from a male who was perceived to present a sexual risk. Application dismissed (and undertakings given discharged) because the protection of unknown children is beyond the scope of the inherent jurisdiction.

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