Case Summaries

B (Children) [2014] EWCA Civ 1623

Appeal by father against findings of fact potentially relevant in proceedings concerning two children and arising from applications for shared residence, contact and a prohibited steps order not to move the children from the local area.

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P (A Child) [2014] EWCA Civ 1648

Father’s appeal against care and placement orders determining whether the accepted inadequacies of the judgment at first instance were such that, notwithstanding the advantage the trial judge had of hearing evidence, the appeal should be allowed. Appeal dismissed.

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Mann v Mann [2014] EWCA Civ 1674

Appeal concerning the question whether Mostyn J had jurisdiction to order the Husband to make payments to the Wife prior to the determination of the Wife’s enforcement proceedings

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London Borough of Tower Hamlets v TB and Others [2014] EWCOP 53

The Court of Protection considers the appropriate placement for an adult without capacity, what if any contact she should have with her husband, whether she is capable of consenting to sexual relations with her husband and whether her care regime amounts to a deprivation of liberty

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Neustadt v Neustadt (Child Abduction) [2014] EWHC 4307

Judgment in respect of fact-finding hearing following the abduction of two boys to Russia by their father, the purpose of the hearing being, in particular, to assess whether the father’s expressions of regret were genuine.

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Cooper-Hohn v Hohn [2014] EWHC 4122 (Fam)

Final hearing in extremely big money financial remedies application – consideration of issues of potential future tax liabilities, post-separation accruals and special contributions

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Y (Children) [2014] EWCA Civ 1553

Second appeal by mother against a care order, placing children in long-term foster care. Appeal allowed, care order substituted with a child arrangements order in favour of the mother, and a supervision order granted to the local authority.

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NJ v OV [2014] EWHC 4130 (Fam)

Application to relocate a child permanently to Sweden. Permission granted and guiding principles considered by Mostyn J.

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Birmingham City Council v Sarfraz Riaz and Others [2014] EWHC 4247 (Fam)

Inherent jurisdiction used to impose injunctions against men found to have engaged in child sexual exploitation. Reporting restriction orders in respect of men lifted.

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Re LR (A Child) [2014] EWCA Civ 1624

Appeal by mother against judgment that the the court had jurisdiction to hear private law application brought by the father in relation to his daughter. Appeal allowed and declaration made, in accordance with BIIR, that the English court does not have jurisdiction to determine the application.

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Re R (A Child) [2014] EWCA Civ 1625

Appeal by mother following care and placement orders made in respect of her daughter on the basis that the judgment did not take a ‘global, holistic’ approach, as required by Re B-S, the judge had relied too much on a finding that the mother was dishonest, the judge’s exercise of discretion was wrong, and the decision was in breach of the Human Rights Act. Appeal dismissed. Consideration by the President of the wider implications of the Re B-S case and the post-Re B-S ‘landscape’.

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Re A (A Child) [2014] EWCA Civ 1577

Appeal by mother against the quantum of periodical payments ordered to be paid by the father for the benefit of their son under Schedule 1 to the Children Act 1989. Appeal dismissed.

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AM v SS [2014] EWHC 2887 (Fam)

Judgment addressing preliminary questions relating to the ownership and beneficial interest of the parties in three properties.

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AM v SS [2014] EWHC 865 (Fam)

Judgment in financial remedy proceedings in which the husband caimed to have limited resources and the wife claimed that the husband’s father was extremely wealthy and could be expected to make capital available to meet a reasonable claim by the wife.

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Seagrove v Sullivan [2014] EWHC 4110 (Fam)

Holman J judgment lambasts ‘disproportionate’ costs and approach in TOLATA litigation and refused to proceed as the parties proposed

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C v K [2014] EWHC 4125 (Fam)

Application by a mother to discharge a prohibited steps order to enable her to take the children on an interim basis to the parents’ home country (non-Hague Convention)

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