Case Summaries

IS (A Minor) v DBS & Another [2015] EWHC 219 (Fam)

Judgment in proceedings concerning the parties’ 14 year old child, who is a ward of court in England, where there have also been proceedings in Israel.

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BD v FD [2014] EWHC 4443 (Fam)

Moylan J rejects a wife’s maintenance pending suit application on the basis that her interim budget manifestly exceeded the standard of living of the marriage and that court intervention was not required to ensure her interim needs were met

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AB v JB (EU Maintenance Regulation: modification application procedure) [2015] EWHC 192 (Fam)

Judgment concerning whether a Form A issued on behalf of a husband in a county court (before the Family Court was constituted) validly seises that court with competent power to make an application for a periodical payments order.

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X & Another v Z (Children) & Another [2015] EWCA Civ 34

Appeal against a decision of the President to permit disclosure of DNA profiles, obtained under PACE during a criminal investigation by the police, for the purposes of establishing paternity in care proceedings

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U-B (A Child) [2015] EWCA Civ 60

Appeal by a mother against a decision to refuse to order a 14 year old be summarily returned to Spain under the 1980 Hague Convention. Appeal dismissed

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Northamptonshire County Council v AS and Others [2015] EWHC 199

Care proceedings. Local authority to pay damages of £17,000 to a child, the mother and the paternal grandparents under breaches of Article 6 and Article 8 Convention rights.

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SC v YD [2014] EWHC 2446 (Fam)

Application by the father to appeal the decision of a Deputy District Judge that a document entitled ‘agreement between SC and YD’ be included as evidence in a forthcoming final hearing under TOLATA 1996

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Re MM (A Child: Relocation) [2014] EWFC B176

Application by mother to relocate to South Africa with her child, aged 15 months at the time of the judgment. Permission to the mother was granted.

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NG v Sec of State for Works & Pensions and Another (Child support: receipt of benefit) (CSM) [2015] UKUT 20 AAC

Successful appeal brought by a father concerning the interplay between child benefit and liability for child support

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Mann v Mann [2014] EWHC 1801 (Fam), [2014] EWHC 2032 (Fam), [2014] EWHC 3818 (Fam)

Three judgments by Mostyn J arising from applications for enforcement by a wife of financial remedies order made against her husband.

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Lancashire County Council v T & Others (Habitual Residence: Care Proceedings) [2014] EWHC 3321 (Fam)

Judgment determining that five children were habitually resident in England and Wales for the purpose of care proceedings.

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Arif v Anwar [2015] EWHC 124 (Fam)

A case involving the claim of a beneficial interest in a property by a third party and further sums owed to that third party, against a backdrop of a voluntary bankruptcy and financial remedy proceedings

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Re S-W (children) [2015] EWCA Civ 27

Appeal by mother against the making of final care orders where there had not been a full hearing. Appeal allowed.

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In the matter of Capita Translation and Interpreting Limited [2015] EWFC 5

Application to the High Court for Capita Translation (a non party) to pay costs arising from hearings for which it had failed to provided interpreters

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Re M (Republic of Ireland) (Child’s Objections) (Joinder of Children as Parties to Appeal) [2015] EWCA Civ 26

Appeal in Hague Convention proceedings considering the children’s objections exception and the joinder of children as parties to an appeal.

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S v G [2015] EWFC 4

Judgment arising from cross-applications concerning a 2 year old boy by which a mother sought permission to relocate to Russia and the father sought sole, or alternatively equal, care of the child in England. Mother’s application granted.

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