Case Summaries

K (Children) [2014] EWCA Civ 1195

Appeal against orders made separating two siblings, one placed with foster carers under an interim care order and the other residing with his father pursuant to a child arrangements order. Appeal allowed in part, remitting the case to be heard by a High Court judge. Interim care orders were made in respect of both boys who were returned to the care of their mother.

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NHS Trust and others v FG [2014] EWCOP 30

Applications in the Court of Protection by an NHS Trust in respect of a 24 year old woman, suffering from a mental disorder, in the late stages of pregnancy. Guidance given for future such cases.

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Cumbria County Council v M & Others [2014] EWHC 2596 (Fam)

Application by several newspapaers, opposed by the local authority, for disclosure of a judgment and schedule of failings following a fact-finding hearing in care proceedings.

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M Children’s Hospital NHS Foundation Trust v Y [2014] EWHC 2651

Application under the inherent jurisdiction for a best interests decision in respect of medical treatment for a 13-year old son of a Jehova’s Witness. Trust authorised to administer blood products to the boy.

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US v SR [2014] EWFC 24

Financial remedies judgment dealing with distribution of assets where the wife who had a needs based claim had disposed of a property at a substantial undervalue and where there had been litigation misconduct by the husband

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MAP v RAP [2013] EWHC 4784 (Fam)

Application for permission to appeal a consent order primarily on the ground that the wife had lacked capacity at the relevant time.

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Suffolk County Council v H [2014] EWHC 2830 (Fam)

Committal proceedings in respect of father of child who was the subject of a care order, following the father’s threats to the local authority concerned. Father committed to prison for contempt of court. The contempt was subsequently purged and the father released.

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Suffolk County Council v DL [2014] EWFC 29

Determination within care proceedings as to whether to make a request, pursuant to Article 15 BIIR, for another member state to assume jurisdiction

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SK v TK [2013] EWHC 834 (Fam)

First instance decision of Moor J in the wife’s application for a financial remedy, considering the husband’s arguments for a departure from equality on the grounds of special contribution, pre-acquired assets, and the risk of him retaining a shareholding in a company as his share of the assets.

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Re P (Recognition and Registration of Orders under the 1996 Hague Child Protection Convention) [2014] EWHC 2845 (Fam)

Judgment by Moylan J (in his capacity as one of two judges from England and Wales designated to the International Hague Network of Judges) providing a practical guide to the procedure for recognition or registration of an order made in another Contracting State under the 1996 Hague Child Protection Convention.

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P (A Child) [2014] EWCA Civ 1174

Appeal by step-father against refusal of application for adoption by him of his two step-children. Appeal allowed and adoption orders made.

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G (A Child) [2014] EWCA Civ 1173

Contact in care order made authorising local authority not to facilitate contact between 10 year old child with parents and eldest sibling on the basis that to do so would prevent her having contact with younger siblings in adoptive placement – eldest sibling and parents appealing to Court of Appeal – appeal allowed and remitted for re-hearing.

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GW v A Local Authority & Another [2014] EWCOP 20

Appeal of declarations that a 48 year old woman suffering from Huntington’s Disease lacked capacity to leave and return to her residence unescorted and to make decisions concerning her care and residence. Appeal dismissed.

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MD v AA & Another [2014] EWHC 2756 (Fam)

Appeal against orders recognising and registering decision of Romanian Court under Article 21(2) BIIR – appeal allowed under Articles 23(b), (c) and (d)

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AB (A Child – Temporary Leave to Remove from Jurisdiction – Expert Evidence) [2014] EWHC 2758 (Fam)

Judgment concerning mother’s application to take child on holiday to India, summarising the guiding principles for applications of this type. Judgment also contains a lengthy history of the mother’s refused application to the Legal Aid Agency for prior authority to instruct a dual qualified lawyer to report in this case.

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Hayes v Hayes [2014] EWHC 2694 (Ch)

Appeal of the registrar’s decision at first instance to dismiss a bankruptcy petition

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