Case Summaries

Appeal in financial remedy proceedings by a wife in relation the treatment of her inherited assets and spousal periodical payments. Appeal allowed.

Appeal by the mother against a decision to refuse her leave to apply to revoke a placement order. Appeal allowed and matter remitted to be heard by a different judge

Judgment as to whether, in order for a “top-up” order for child periodical payments to be made, it is necessary for the Child Maintenance Service to have made a maximum assessment.

Appeal by husband against refusal to order police disclosure in contested divorce proceedings. Appeal dismissed.

High Court application for an adoption order opposed by both parents and an older sibling in which post adoptive contact also at issue

Application by mental health trust, acute trust and council to perform a therapeutic sterilisation on a patient lacking capacity without informing her of the date of the intervention, and to enter her home forcibly if necessary to take her to the hospital. Permission granted.

The President reminds practitioners of the importance of three fundamental principles within s.31 applications

Fact-finding hearing in care proceedings concerning a child, where her sibling had been killed by the mother’s boyfriend.

Application by father to take children on holiday to Jordan. Expert evidence to the effect that the children’s legal position in Jordan could be secured to a large, but not complete, extent. Order granted, subject to safeguards, on the basis that the father’s evidence that he intended to return was accepted.

Judgment arising from application for parental orders in respect of twins where the surrogate mother had not had notice of the application, there was uncertainty as to whether the surrogate was married at the time of the embryo transfer and the application was made over 3 years after the birth of the children.

The Court of Appeal considers beneficial interests in a property held in the sole name of one cohabitee post Jones v Kernott, the “whole course of dealing” being held to be in relation to the property only, and considers the equity of exoneration in respect of the mortgage secured upon the property

Application by father for leave to oppose an adoption order, made pursuant to section 47(5) of the Adoption and Children Act 2002. Application refused and adoption order made.

Judgment arising from cross-applications for financial orders brought under the Matrimonial and Family Proceedings Act 1984, although both parties agreed that the case should be dealt with as if it were brought under the Matrimonial Causes Act.

Judgment arising from a fact-finding hearing and concerning expert evidence in family proceedings relating to (i) the capacity of a witness to give evidence and (ii) the witness’s veracity.

Application by mother for orders for the committal to prison of the father and paternal grandmother following alleged breaches of orders made within wardship proceedings for the return of 3 year old daughter, wrongfully retained in Poland. Found that the father had breached two orders but adjourned sentencing to a further hearing alongside determination of the alleged breaches by the paternal grandmother.

Judgment following a hearing to reconsider an existing interim order for five children to be returned from Ireland to foster care in England where independent evidence indicated that it was not necessary for the children to return.