Case Summaries

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The Mental Health Trust & Others v DD & Another [2014] EWCOP 13

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.

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TB v Sec of State for Works and Pensions and SB (CSM) (Child support – variation departure directions – diversion of income) [2014] UKUT 301 (AAC)

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

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Thandi v Sands [2014] EWHC 2378 (Ch)

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

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Re H [2014] EWCA Civ 989

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

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Cooper-Hohn v Hohn [2014] EWHC 2314 (Fam)

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.

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C v B [2014] EWHC 2069 (Fam)

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.

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M-F (Children) [2014] EWCA Civ 991

Local authority’s application for permission to appeal against decision to adjourn final hearing for ten weeks to obtain an additional report on the mother’s progress in a course of work advised by the consultant clinical psychologist. Permission granted but appeal dismissed.

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ZM v AM [2014] EWHC 2110 (Fam)

Wardship proceedings brought by mother, stranded in Pakistan with no right to re-enter the UK.

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O v P [2014] EWHC 2225 (Fam)

Application by mother for financial provision under Schedule 1 to the Children act 1989; and application by father for stay of proceedings. Stay refused and award of circa £182,000 made.

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X County Council v M and Others [2014] EWHC 2262 (Fam)

Applications by the local authority (i) under the inherent jurisdiction for permission not to disclose to the mother the care plan for her unborn child, namely to remove the child at birth; and (ii) a reporting restrictions order to prohibit a publication of the above application, the hearing of the same and the order made by the court. Applications gratntd.

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Southampton City Council v A Mother & Others [2014] EWFC 16

Hearing of mother’s application to transfer care proceedings to Latvia. Application refused.

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Re D (Child) [2014] EWHC 2376 (Fam)

Application by Cafcass for safeguarding checks to be completed on step-father of children subject to private law proceedings – consideration of general principles applicable to the question of whether there should be safeguarding checks of family members who were not parties to proceedings.

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Re K (A Child) [2014] EWCA Civ 905

Appeal against orders in wardship proceedings in which the judge found that the child was habitually resident in this jurisdiction, made a return order and subsequently committed the father to prison for failure to comply with the return order. The Court of Appeal upheld the judge’s finding on habitual residence and the resulting return order but criticised the committal process and ordered the father’s immediate release from custody.

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M & Others v Suffolk County Council [2014] EWCA Civ 942

Appeal by a mother and her mother and step father ‘the maternal grandparents’ against care and placement orders

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J-A (Children) [2014] EWCA Civ 936

Appeal by the mother against care orders with care plans for placement with the father.

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KS v Neath Port Talbot Borough Council [2014] EWCA 941

Grandmother appealed case management decision to refuse her party status. Appeal allowed, care and placement orders set aside, case remitted for re-hearing.

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