Case Summaries

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.

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.

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.

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.

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.

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

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

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.

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

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.

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.