Case Summaries

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

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.

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.

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

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.

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

Judgment in care proceedings as to whether a child was habitually resident in England and Wales when proceedings began; and, if not, whether she was habitually resident in any other country. Held that at the relevant time she was not habitually resident anywhere, and the English court had jurisdiction pursuant to Article 13 of Brussels II Revised.

Judgment in care proceedings in respect of the child of a Romanian mother considering whether this court has jurisdiction under the Children Act 1989 and the Adoption of Children Act 2002; whether the matter can or should be referred to the Romanian courts under Article 15 of Brussels II (Revised); and whether further enquiries should be made with the mother’s family in Romania.

Judgment in Court of Protection proceedings concerning an 84 year old woman as whether it was in her best interests to return home to live with a contingency plan of maintaining her current placement for a period of time, together with associated financial considerations, and whether a care regime at home would amount to a deprivation of liberty.

Application by a wife under section 13 of the Matrimonial and Family Proceedings Act 1984
for permission to apply for financial relief following an overseas divorce.

Judgment in High Court as to whether the court has jurisdiction to make orders concerning parental responsibility in a respect of a child where the Polish mother had remained with the child in Poland after a holiday in breach of undertakings to the court. held that the undertaking amounted to an express and unequivocal acceptance that the court to which it was given retained jurisdiction in matters of parental responsibility.

Judgment containing the President of the Court of Protection’s analysis of the practical and procedural implications for the Court of the Supreme Court’s decision in Surrey County Council v P and others (Equality and Human Rights Commission and others intervening), Cheshire West and Chester Council v P and another (Same intervening) [2014]

Judgment by the President in three cases concerning applications for contact in each of which the mother was legally aided but the father was not.

Appeal in the Upper Tribunal Administrative Appeals concerning calculation of gross profits for child support purposes and in particular whether the loss from one business can be deducted from the profits of another

Application for permission to appeal finding that shares in family company were not held by the husband on trust for the parties’ son – application dismissed

Application by father for permission to appeal, with appeal to follow, against the refusal of his application for discharge of care orders in respect of two children and the making of a placement order in respect of one child and the refusal of contact with both children. Permission granted but appeal dismissed.