Case Summaries

Re M’P-P (Children) [2015] EWCA Civ 584

Appeal in care/adoption proceedings from the decision of a circuit judge to place the two young children with their paternal aunt (who had only met them once previously) rather than with the single local authority foster carer with whom the children had both lived from the very early stages of their lives and who wished to become their adoptive parent.

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Bournemouth Borough Council v PS and Anor [2015] EWCOP 39

Judgment in the Court of Protection considering what constitutes a deprivation of liberty.

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Fields v Fields [2015] EWHC 1670 (Fam)

Judgment in respect of wife’s application for financial remedy following the parties’ nine and a half year relationship, comprising one year of pre-marital cohabitation and eight and a half years of marriage which, the judge said, “cannot be characterised as a short marriage”.

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Davison v Davison [2015] EWCA Civ 587

Appeal by wife against discrete issue of interpretation concerning tax liabilities arising out of the judgment and subsequent order in financial remedy proceedings.

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Re H (Children) [2015] EWCA Civ 583

Judgment in the Court of Appeal as to what regard, if any, should be had by a judge, when considering an application to extend the time for appealing in a family case relating to children, to the overall merits of the proposed appeal.

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Re C (A Child) (Procedural Requirements of a Part 25 Application) [2015] EWCA Civ 539

Appeal allowed against direction for psychological assessment where the application was not part 25 FPR 2010 compliant and was in some respects ‘unlawful’

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London Borough of Merton v LB [2014] EWHC 4532 (Fam)

Judgment in care proceedings concerning a six year old child determining applications (i) under Article 15 of Brussels IIa for jurisdiction to be transferred to Latvia; (ii) for permission to oppose an adoption application; and (iii) for determination or directions.

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Re J (A Child) [2015] EWHC 1627 (Fam)

Judgment of the President of the Family Division in a Hague Convention case in which he had made a without notice order on 29 May 2015, in circumstances where unbeknown to him, a stay of execution had previously been extended until 12 June 2015

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Re A (A child – Wardship – Fact finding – Domestic Violence) [2015] EWHC 1598 (Fam)

Domestic violence fact finding – findings made that the father was physically abusive towards the mother.

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M v M [2015] EWFC B63

Judgment considering the impact of a potentially substantial reduction in a party’s life expectancy on financial remedy proceedings.

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Liaw v Lee (Non-recognition of divorce) [2015] EWHC 1462 (Fam)

Mostyn J refused recognition under s 51 (3) Family Law Act 1986 of a Malaysian decree nisi and absolute of divorce made following a husband having filed a "knowingly false" and secret petition in Malaysia.

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Re A (A Child – Application for leave to apply for a child arrangements order) [2015] EWFC 47

Application for leave to apply for a child arrangements order

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Re X (A Child: Adoption No 2) [2014] EWHC 4813 (Fam)

Successful application for an adoption order by a step-father which considered the requirement of s.42(3) of the Adoption and Children Act 2002

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Newcastle City Council v WM & Others [2015] EWFC 42

Judgment in care proceedings concerning three children in which Cobb J highlights a number of procedural and professional failings on the part of professionals involved in the case.

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G v G [2015] EWHC 1512 (Fam)

Application by a former wife in financial remedy proceedings seeking orders preventing her former husband’s legal team (leading and junior counsel, and solicitors) from continuing to act for him at a forthcoming hearing

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Re SO [2015] EWHC 935 (Fam)

Judgment concerning the power of the court to extend protective injunctive orders made in wardship proceedings beyond a child’s 18th birthday where the child was habitually resident outside England and Wales.

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