Case Summaries

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Re PD [2015] EWCOP 48

Court of Protection judgment in which Baker J decided that enforcement and recognition of foreign orders for deprivation of liberty under Schedule 3 to the Mental Capacity Act 2005 can be made without joinder of the subject adult as a party where that adult had been a party in the substantive foreign proceedings

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Y (A Minor: Wardship) [2015] EWHC 2099 (Fam)

Continuation of Wardship due to significant concerns that a child would be influenced to wage jihad in Syria

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Y (A Minor: Wardship) [2015] EWHC 2098 (Fam)

Wardship proceedings to protect a child who may be vulnerable to family influences to wage jihad in Syria

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A and B (No 2 – Parental Order) [2015] EWHC 2080 (Fam)

Decision of Theis J following a joint application for a parental order. The parental order was made; the judgment includes a discussion of the relevant criteria in s.54 Human Fertilisation and Embryology Act 2008 (“HFEA 200”) and the decision in Re X (A Child) (Surrogacy: Time Limits) [2014] EWHC 3135 (the application having been made after the six month time limit).

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A and B (No 1 – Fact finding judgment) [2015] EWHC 1059 (Fam)

Decision of Theis J following a fact finding hearing in the context of an application for a parental order for two children born pursuant to a surrogacy arrangement.

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Re K (1980 Hague Convention) (Lithuania) [2015] EWCA Civ 720

Mother’s appeal from Hogg J order for the return E, 11, to Lithuania forthwith pursuant to the 1980 Hague Convention despite the mother’s assertions that the case fell within the exceptions contained in Article 13 of the Convention

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A-S (Children) [2015] EWCA Civ 748

Appeal by mother against a finding that she deliberately drowned her 7 month old child. Appeal dismissed.

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GW v MW [2015] EWFC 56

Application by father to enforce a contact order and consideration of where the subject children were habitually resident and whether the court had jurisdiction

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Re D (Children) [2015] EWCA Civ 703

Application for permission to appeal and if granted, to appeal, the dismissal of a mother’s application for leave to oppose an adoption order

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Re S-B (Children) [2015] EWCA Civ 705

Mother’s appeal against a child arrangements order which had provided for indirect contact and a s.91(14) Children Act 1989 order

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Guerroudj v Rymarczyk [2015] EWCA Civ 743

Appeal against decision to revisit an earlier determination of the parties’ cross-applications for a transfer of tenancy under s 53 / Schedule 7 Family Law Act 1996. Appeal dismissed.

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Curran v Collins [2015] EWCA Civ 404

Appeal by a former cohabitant seeking to establish a beneficial interest in properties held in her ex-partner’s sole name

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T (A Child: Suspension of Contact: Section 91(14) CA 1989) [2015] EWCA Civ 719

Appeal by father against an order suspending all contact between him and the parties’ child and against the making of a section 91(14) order. Appeal allowed.

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Re S (A Child) [2015] EWCA Civ 689

Appeal against an order that the father should have indirect contact only with the parties’ child after the CAFCASS officer had recommended direct contact to be supervised indefinitely. Appeal allowed and the matter remitted for rehearing.

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H v A [2015] EWFC 58

Judgment in private law children proceedings in which the mother applied both to revoke an order for indirect contact between the father and the parties’ three children and for a s 91(14) order. Order as to parental responsibility and prohibited steps order granted.

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Derby City Council v SK and Others [2015] EWFC 57

Judgment to determine jurisdiction in public law proceedings involving a Polish family.

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