Case Summaries

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

Appeal against refusal of an application made by a mother pursuant to the Hague Convention 1980 and Brussels IIR for the summary return of her son to Hungary. Appeal allowed and matter remitted for re-hearing.

Appeal following a successful claim for judicial review of the local authority’s decision not to provide services to meet a child’s assessed need (specifically for nursery provision) during periods when he was out of the local authority’s area due to his family’s travelling lifestyle.

Abduction – application for summary return of 14 year old child to Australia – consideration of Article 13B defence in circumstances in which the defendant mother asserted that she would not return with the child

Private children law application between two same sex couples with local authority involvement considering whether the children should be removed to foster care and the issue of interim contact to the fathers

The wife sought the husband’s committal for failure to pay arrears of periodical payments for her and the children; the husband sought an adjournment due to ill health

Judgment of the Court of Protection considering the application of the ‘acid test’ to determine whether an individual’s rights are engaged under Article 5 of the ECHR 1950 and concluding that the first respondent’s circumstances do not amount to a deprivation of liberty as they do not satisfy the second limb of the ‘acid test’. The judge goes on to urge the Supreme Court to reconsider its decision in the combined appeals in Cheshire West and MIG and MEG [2014].

Appeal against the refusal to issue a writ of habeas corpus in respect of a mother who had been committed to prison (and subsequently released) in consequence of a breach of a collection order. Appeal dismissed.

Moylan J gives guidance as to the appropriate test to determine habitual residence in Court of Protection cases

Appeal by a father against a residence order in respect of his children in favour of the mother, an order providing for indirect contact only and an order under s.91(14) following four years of heavily contested proceedings. The father also appealed against the judge’s decision to restrict the manner in which he could exercise his parental responsibility. Appeal dismissed.

Judgment in proceedings under the Child Abduction and Custody Act 1985, the 1980 Hague Convention and Brussels II Revised concerning a 5 year old girl, in which it was agreed that she should be returned to Spain. Consideration of the timing of the return and the undertakings to be given to the court.