Case Summaries

Judgment in a fact finding hearing within care proceedings. Extent of the mother’s failure to protect child from extensive injuries perpetrated (on his own admission) by the father.

Judgment following final hearing in financial remedies case in which the parties had made cross-applications.

Appeal by mother against an order that her 7 year old daughter be summarily returned to Russia. Appeal allowed and the application for return remitted for rehearing.

Application by wife for permission to appeal against a lump sum payment to her of £400,000 to be paid by the husband upon the termination of a joint lives periodical payments order which would occur on his retirement. Permission to appeal granted, appeal allowed and matter remitted to be re-heard.

Appeal relating to the distribution of capital, and the quantum and term of maintenance in a needs case after a short marriage. This matter also considers delay in finalising an order and a possible extension to the 21 day time limit for appeal

Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during November

Judgment in respect of urgent application by NHS Trust to treat young boy who might require a blood transfusion; his parents, who are Jehovah’s Witnesses, had refused consent to the transfusion. Application granted.

Appeal by the mother of a decision to dismiss her application for an increase in contact and a section 91(14) order made in relation to the same. Appeal allowed on the basis that the trial judge had not dealt with any of the contact centre material in his judgment.

Jurisdiction dispute between a married couple involving Italian ‘personal separation’ proceedings instituted by the husband and English divorce proceedings brought by the wife

Appeal in financial provision case between unmarried parties concerning whether a document considering future financial provision could be said to be privileged when created prior to proceedings

Retrial of a father’s application for an order that his daughter aged 14, be returned forthwith to Malta pursuant to Article 12 of the Hague Convention

Fact-finding judgment in care proceedings concerning a boy whose sister had died as a result of injuries.

On the basis that on the facts it was neither necessary nor appropriate to do so, Hayden J declined to direct an assessment of the Father who was living in Somaliland

Application by mother, opposed by local authority and guardian, at the final welfare hearing in care proceedings for the proceedings to be transferred to Hungary under Article 15 of BIIr. Mother’s application granted.

Further judgment in family proceedings where the father had applied for contact with his son, the mother was legally aided and the father had applied for exceptional case funding.

Husband’s appeal against the division of capital assets and costs order made at the end of ancillary relief proceedings