Case Summaries

Gadhavi v Gadhavi [2015] EWCA Civ 520

Financial remedy proceedings appeal involving a Thomas v Thomas argument as to judicial pressure that can be put on donees and a judicial decision as to the value of a property

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Re K and H (Children ) [2015] EWCA Civ 543

Appeal by the Lord Chancellor against an order requiring HMCTS to fund legal representation for a father seeking contact and challenging the underlying proposition that the Court has power to order the Lord Chancellor to provide for legal representation outside the legal aid scheme of LASPO

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In the Matter of M Children [2015] EWHC 1433 Fam

Judgment relating to wardship and reporting restriction orders made in respect of children of a family alleged to be travelling to Syria to join the Islamic State

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Re Baggaley [2015] EWHC 1496 Fam

The President considers the jurisdiction for making Civil Restraint Orders against a McKenzie friend

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Arbili v Arbili [2015] EWCA Civ 542

Financial remedy proceedings appeal involving an argument as to the wrongful exercise of judicial discretion and a further reiteration of the Imerman guidance on documents illegally obtained from the other party

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A (A Child) [2015] EWCA Civ 486

Mother’s appeal against a child arrangements order for supervised contact following the making of ‘serious findings’ of fact against the father – appeal dismissed

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AR v RN (Scotland) [2015] UKSC 35

Supreme Court judgment determining whether to order the return to France of two children who had been living with their mother in Scotland since 2013 but who had been born in France and lived there prior to their move to Scotland

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C (A Child) [2015] EWCA Civ 500

Appeal by mother seeking publication of an anonymised judgment from private law children proceedings. Appeal dismissed. Court of Appeal careful not to enlarge upon or contradict the careful wording of the President’s Practice Guidance on the issue.

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N v D (Customary Marriage) [2015] EWFC 28

Court finds customary Nigerian marriage ceremony proved on facts, and rules that this gave rise to a valid marriage in English law

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Re H (A child) (Temporary Leave to Remove Turkey) (Enforcement of Child Arrangements Order) [2015] EWFC 39

Application for temporary leave to remove child to Iran withdrawn and for temporary leave to remove child to Turkey granted with safeguards

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EM v AK [2013] EWHC 4393 (Fam)

Case summary coming soon

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P (Children) [2015] EWCA Civ 466

Appeal by a mother against a child arrangements order for unsupervised contact made in the context of a history of domestic violence and against a family assistance order made without prior consultation of the recipient local authority. Appeal allowed.

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S (A Child) [2015] EWCA Civ 489

Mother’s appeal against the making of a placement order to enable further assessment of her parenting capabilities dismissed

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T (Children) [2015] EWCA Civ 453

Appeal by grandparents against the making of an interim care order removing children from family members. Appeal dismissed.

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Re D (Children) [2015] EWCA Civ 409

Appeal of care and placement orders involving consideration of procedural fairness, need for compliance with FPR 2010 Part 30 and whether there is a freestanding obligation on the court to consider children giving evidence.

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Re BK-S (Children) (Expert evidence and probability) [2015] EWCA Civ 442

Appeal by mother in public law proceedings against finding of fact that she had administered an anti-psychotic drug to her child. Expert evidence considered. Appeal dismissed.

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