Case Summaries

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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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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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