Case Summaries

Court of Appeal decision of the President refusing an application by a father, after the conclusion of care proceedings, for disclosure of the serious case review report of the local safeguarding children board.

Claim for judicial review brought by three children in relation to a local authority’s policy which had been applied to their case when they were in receipt of support under Children Act 1989, section 17. Held that the policy was unlawful.

Father’s appeal alleging wrongful retention of his children in Bangladesh. Guidance given as to whether the “rule” that where two parents have parental responsibility for a child, neither can unilaterally change the child’s habitual residence remains good law

Appeal against determination of a preliminary issue regarding an Inheritance Act claim which concerned a policy of life insurance in joint names

Sir James Munby the President of the Family Division affirms that the court expects and will now demand strict compliance with court orders

Appeal by mother against residence order granted in favour of paternal grandmother. Appeal allowed.

Appeal by Italian mother against an order, declaring that her child was habitually resident in England and Wales, and that she should be returned to England for a welfare assessment. The mother contended that th child was habitually resident in Italy. Appeal allowed and matter remitted for hearing.

Appeal from a decision by HHJ Cameron, within a father’s application for contact with his son, that a Family Court Advisor should explore whether another child (the mother’s older child) should give evidence in support of allegations of abuse made by the mother. The father’s appeal was dismissed.

Application in the Court of Protection to determine capacity to decide care and residence arrangements and need for order for deprivation of liberty. Guidance given as to case management.

Claim for judicial review by a 17 year old child seeking a declaration that she was a looked after child and damages in respect of the financial allowances that her aunt/ carer would have received had she been regarded as a looked after child. The claim failed.

Application by mental health trust to be authorised to provide a woman with education in relation to contraception, to administer a short-term contraception while this was done, and then to assess her capacity to make decisions in relation to contraception. Application granted.

Appeal to the Upper Tribunal Administrative Appeals Chamber from decision of first tier tribunal, imposing a variation direction on father’s child support liability – whether father had been unreasonably reducing his earnings from dentist business by diverting income to payment of a director’s loan account – appeal allowed in part and re-assessment directed

The father of the bankrupt applied to the court to have transferred to him properties which he claimed were held on bare trust by his son and which should not therefore have formed part of the bankruptcy

Appeal against a specific issue order to permit the mother to travel to Iran with the child. Appeal allowed.

Media reporting – final hearing of proceedings concerning an extremely high value financial remedies application – issue as to the extent to which the media ought to be able to report an account of the proceedings as they unfolded on a daily basis.

Application by a mother for the summary return of her two children to Germany. The father sought to rely on three defences: consent; the children’s objections; and grave risk of harm upon return. Application granted.