Case Summaries

Application for committal made by local authority in respect breaches of orders in the aftermath of care proceedings.

Surrogacy – consideration by the President of the Family Division of whether, in spite of s.54(3) of the Human Fertilisation and Embryology Act 2008 the court could make a parental order if the application was made after the expiration of 6 months from the day on which the child was born

Application to vary substantive order and for specific issue order re child’s dental treatment. Extent to which court should “micro manage” disputes between parents.

Judgment by the President in proceedings concerning 180 divorce petitions where in each case the petition stated wrongly that the habitual residence of the applicant or respondent was in England. Decrees absolute and nisi set aside and petitions dismissed.

Application by wife for husband to show cause as to why he should not be held to a concluded separation agreement reflected in a draft consent order signed by both parties. Husband held to the fundamental terms of the agreement.

Strike out application by Husband in relation to wife’s MWPA 1882 and Family Law Act 1996 applications

Appeal against care orders in respect of two boys. Appeal allowed and case remitted for rehearing by a different judge.

Court of Protection judgment about where it was in P’s best interests to live. Findings made against the local authority for “systematic failure” and ECHR breaches.

Judgment in respect of wife’s claim for ancillary relief and of a subsequent application by trustees of property for permission to appeal against the award; application dismissed and guidance given as to the procedure on such applications.

Judgment in care proceedings concerning the welfare of seven year old girl of Zimbabwean and American parents. Care returned to her mother; interim care order and an order preventing contact with the father to continue until the child’s departure from England at which time there should be a child arrangements order providing for her to live with her mother.

Application under Hague Convention 1980 by mother for the summary return of her 15 year old daughter to Mexico. Application granted.

Successful appeal against care and placement orders on the basis that the judgment had failed to provide adequate reasoning behind the welfare determination

Cobb J disposed of long-running care proceedings which had featured ‘a calculated, clandestine and audacious abduction’ of the children by the parents. The Judge summarised the law in relation to the revocation and making of care and placement orders, and exceptions to the 26-week deadline. Cobb J further reiterated procedural requirements at ex-parte hearings and in the preparation of trial bundles.

Application by the daughter of an adopted person, now deceased, for access to the original court file in relation to an adoption order made in 1930. Application granted.

Decision of Mr Justice Baker, within wardship proceedings, to allow the parents to remove the child to Prague for the provision of medical treatment.

Fact finding in care proceedings in respect of two children of whom one had a Vitamin D deficiency; no findings of non-accidental injury made against either parent.