Case Summaries

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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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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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