Case Summaries

Application by the respondent father that the oral permission hearing pursued by the appellant mother be heard in private.

Appeal from a decision to refuse to order direct contact between a father and his son at the final hearing after four years of court proceedings.

Judgment at end of ‘best interests’ hearing in long-running Court of Protection proceedings concerning a 94 year old woman who had previously been found not to have capacity to make decisions concerning (i) litigation, (ii) financial matters, (iii) contact with others and (iv) her residence and the people who reside with her; and subsequently had further been found not to have capacity to make decisions in relation to her contact with the press.

Care proceedings involving Article 15 BIIR and a Romanian child. Court concluded a request should be made of the Romanian authorities to accept the case.

Application pursuant to section 37 MCA 1973 to set aside a disposition between the husband and his solicitor, the purpose of which was to secure the husband’s costs liabilities

An application brought under the inherent jurisdiction that adoption orders made in favour of the Applicants in Brazil in October 2013 be recognised under the law of England and Wales.

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.