Case Summaries

B v B [2014] EWHC 4545 (Fam)

Financial remedies appeal involving issues surrounding maintenance in circumstances where the husband’s income comprised a large element of bonus and housing allowance, and the appropriate division of capital so as to meet both parties’ needs

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M (Children) [2014] EWCA Civ 1753

Parents successfully appeal against the making of a special guardianship order in favour of foster carers

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E (A Child) [2014] EWCA Civ 1754

Appeal brought by the mother of M against the making of an interim care order. Re S B [2010] 1 AC 678 considered. Appeal dismissed.

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X-N (A Child) [2014] EWCA Civ 1775

Father’s appeal against a decision to permit the mother to take their daughter to China for a 4 week visit

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AA V BB [2014] EWHC 4210

Judgment of Moylan J involving a complex multi-jurisdictional procedural history, analysis of Articles 12 and 13 of Council regulation No 4/2009 ‘the Maintenance Regulation’ and the law on setting aside the grant of leave

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S (A Child) [2014] EWCA Civ 1682

Application by a mother to appeal orders arising out of an intractable contact dispute

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R (A Child) [2014] EWCA Civ 1664

Appeal by the father against an order that there should no order for contact with his 12 year old daughter

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D (A Child) (No 2) [2015] EWFC 2

Judgment in care and placement proceedings focusing on the difficulties faced by the parents in obtaining legal aid.

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In the matter of B and G (Children) (No 2) [2015] EWFC 3

Care proceedings in which the important issue was whether a girl had been subjected to Type IV Female Genital Mutilation (FGM), and if she had, what the implications of that were in relation to planning for her and her brother’s future. The local authority was unable on evidence to establish that G either has been or is at risk of being subjected to any form of FGM.

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Re K and H (Children – unrepresented father – cross-examination of child) [2015] EWFC 1

The court orders HMCTS to pay the costs of legal representation for a litigant in person who falls outside the scope of legal aid for the purpose of cross-examination of a child who made serious allegations against that litigant

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Re S (A Child) (Habitual Residence and Child’s Objections) (Brazil) [2015] EWCA Civ 2

Appeal against orders in proceedings under the Hague Convention 1980 and the inherent jurisdiction of the High Court, refusing the return of a child to Brazil, focusing on (1) the question of the child’s habitual residence and (2) whether she should be returned to Brazil notwithstanding her objections. Appeal dismissed.

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McHugh v McHugh [2014] EWCA Civ 1671

Court of Appeal’s determination in financial remedies appeal as to the extent of the appellate court’s jurisdiction where permission to appeal has only been granted on limited grounds

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London Borough of Barking & Dagenham v SS [2014] EWHC 4436 (Fam)

Hayden J refused LA’s application for secure accommodation order in relation to 15-year old victim of child trafficking and sexual exploitation.

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Y v Y (Financial Remedy – Marriage Contract) [2014] EWHC 2920 (Fam)

Judgment in financial remedy proceedings in which the central issue was the extent to which the wife was entitled to a full share of the marital acquest owing to a marriage contract the parties entered into under French law.

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SJ v RA [2014] EWHC 4054 (Fam)

Judgment in financial remedy proceedings focusing on a family-owned and run company.

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SS v NS (Spousal Maintenance) [2014] EWHC 4183 (Fam)

Judgment following final hearing in ancillary relief proceedings where the assets were £3.3 million.

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