Case Summaries

Appeal by mother against a placement order in respect of her five-year-old daughter. Consideration of recent cases in which the court considered that the proportionality evaluation had been misconstrued by practitioners. Appeal dismissed.

Application by a Mother to recover the costs from a Father following a hearing to determine a child’s habitual residence.

Permission to appeal (with appeal to follow, if granted) findings of fact made in a non- accidental injury case

Judgment in proceedings for ancillary relief focusing on the issue of the parties’ litigation costs which ran to £920,000 or 31.9% of their total assets.

Final hearing in care proceedings about a Czech Roma child. Hearing adjourned to consider whether current foster parents would apply for an SGO or, if not, proposed foster parents in the Czech Republic could be identified. If either option is possible, care and placement orders would not be made

Divorce jurisdiction dispute: Mostyn J refers case concerning Articles 19(1) and (3) of Brussels II Rev. to the ECJ

Appeal by a mother against a first instance judgment which: (a) gave responsibility to the father for administering certain trust and investment funds and requiring her to sign all documents to effect such transfers; and (b) made a costs order against her. Appeal allowed.

Guidance in respect of the timing of consideration of the issue of Article 15 Brussels II Revised transfer and the most appropriate tribunal to determine the issue.

Judgment in protracted proceedings between parents concerning contact arrangements in respect of a ten year old girl.

Appeal by mother against placement order in respect of 6 year old child on the grounds that the judge had not applied the correct test in dispensing with the parents’ consent and making a placement order; and if she did so, had not adequately analysed the expert evidence in conducting a proper balancing exercise in her contemplation of long term fostering as opposed to adoption. Appeal dismissed.

Appeal by a local authority, supported by a child’s Guardian, against a refusal to grant a placement order at the conclusion of care proceedings. Appeal allowed.

First of two linked judgments as to whether the wife in financial remedy proceedings is able to show jurisdiction in England and Wales under Article 3 of Brussels II Revised on the basis of her habitual residence for twelve months before her petition.

Second of two linked judgments in financial remedy proceedings as to whether the English court has jurisdiction to hear those proceedings consequent upon the wife’s habitual residence here. Held that the English court does have jurisdiction.

The President of the Family Division concludes that parents facing an application by a local authority pursuant to s.22 of the Children Act 1989 without access to legal representation was a denial of justice

Fact finding hearing undertaken in relation to unusual injuries in circumstances where there had been substantial delay from a failure of the police and a Hospital Trust to disclose documents

Local Authority application under the Human Rights Act 1998 and the inherent jurisdiction for anticipatory declaratory relief to separate mother and baby on birth, without informing the mother in advance.