Case Summaries

F-D v The Child and Family Court Advisory Service [2014] EWHC 1619 (QB)

Claim by father for damages against Cafcass – claim alleging negligence, misfeasance in public office and breach of article 8 rights – consideration of whether duty of care owed by Cafcass to the father and whether such duty had been breached – claim dismissed.

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Re P (A Child: Assessment of Kinship Carers) [2014] EWFC B73

Factors which the court should consider when evaluating an application for a further assessment of kinship carers.

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W (Children) [2014] EWCA Civ 810

Appeal in respect of placement orders granted following a final hearing in which the parents appeared as litigants in person. It was argued that the judgment granting the substantive orders, which pre-dated Re B-S, failed to comply with the requirements set down by Re B-S and Re B. Appeal dismissed with the Court being highly critical of the delay in the appeal hearing.

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Re Z (Children) [2014] EWHC 1999 (Fam)

Application to access DNA samples in care proceedings where the party asserting paternity of the children refused a DNA test.

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Re F (A Child) [2014] EWCA Civ 789

Father’s application for permission to appeal an order that his child was habitually resident in England and Wales. Permission granted and appeal allowed.

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LC v RRL & Others [2014] EWFC 8

Re-hearing by Mr Justice Roderick Wood of a mother’s application for the return of four children to Spain under the Hague Convention and BIIR, pursuant to the decisions of the Court of Appeal [2013] EWCA Civ 1058 and the Supreme Court [2014] UKSC 1. Consideration of habitual residence and the “intolerability” defence where a sibling group is to be separated.

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Re ZZ and Others [2014] EWFC 9

Reviewing findings of fact in care proceedings due to new evidence arising whilst proceedings ongoing. Test to be applied to review.

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W (A Child) [2014] EWCA Civ 772

Interim care order made within private law proceedings pursuant to s37 direction – appeal by mother on grounds of procedural irregularity and incorrect application of the test for interim removal – appeal dismissed

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AM v SS [2013] EWHC 4380 (Fam)

Wife’s application for a Legal Services Order in the midst of heavily contested financial remedy proceedings, heard in November 2013.

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Lancashire County Council v C, M & F (Children – Fact-finding) [2014] EWFC 3

Fact-finding hearing concerning two sisters, K and S, aged 3 and 1 respectively. Proceedings began after the death of S’s twin and also concerned an injury to K in 2011 for which proceedings had been issued previously and withdrawn. The incident in relation to K was found to be accidental, and it was not possible to establish when or why L died. The court found that the threshold for intervention had not been crossed in either incident, and returned the girls to their parents’ care.

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DH v CL and Others [2014] EWHC 1836 (Fam)

Leave to remove – Kurdistan Region of Iraq – child in care of father following care proceedings and having supervised contact with mother – real prospect of child’s future being in foster care in the event of refusal of application and father moving without child – discussion of applicable principles to such applications.

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X (A Child) [2014] EWHC 1871 (Fam)

Application within care proceedings for consent to terminate pregnancy of 13 year old. Judgment wholly anonymised to prevent identification. Consent granted

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Borough of Poole v W & Another [2014] EWHC 1777 (Fam)

Application for adoption order-opposed by birth parents who had been given leave to do so on appeal.

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H (Children) [2014] EWCA Civ 733

Mother’s application to the Court of Appeal for permission to appeal against what she contended was a “pre-emptory” change of interim residence orders in respect of her three sons

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Q v Q [2014] EWFC 7

Private law proceedings adjourned by the President as a result of the father having no access to public funds for legal representation

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TF v PJ [2014] EWHC 1780 (Fam)

Application by mother to revoke an order for summary return of a child to Italy on the ground of material change in her circumstances. Original order set aside.

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