Case Summaries

Appeal by parents against refusal of an injunction to prevent the immediate removal of their child where he had remained at home under a care order. Appeal allowed and matter remitted for a full hearing.

Order for the summary return of a 9 year old girl to Lithuania Mother’s Article 13 defences rejected and safeguards put in place to support return.

An appeal of a decision under TOLATA 1996 for the determination of shares in a property

Court of Protection – application by NHS Trust for declarations in relation to a patient in minimally conscious state, in particular in relation to withdrawal of nutrition and hydration.

Fact-finding hearing in care proceedings in respect of a child of parents whose first child had died in circumstances in which the exact causation of death had not been established with any certainty. Held in the present case that the section 31 threshold criteria had not been satisfied.

Application for, inter alia, a declaration that it was lawful for medical practitioners entrusted with a 17 year old patient’s care to treat her for an overdose notwithstanding that she refused treatment. Application granted.

Applications by Slovak parents (i) for leave, pursuant to s.47(5), Adoption and Children Act 2002, to oppose the making of adoption orders in respect of two of their children, and (ii) for the transfer of the proceedings to the Slovak Republic, under Article 15, Brussels II R. Applications dismissed. Comments by the President about adjournment of earlier hearing because of absence of interpreter.

Appeal from order granting mother leave to remove children permanently to Brazil. Appeal dismissed.

The Court of Appeal allows a husband’s appeal against a decision not to set aside the certificate that the wife is entitled to a decree of divorce and not to allow him to file an answer out of time. Case returned to the county court for directions and a re-hearing.

Applications by a local authority under the inherent jurisdiction for an order not to disclose to the mother the care plan for removal of her child at birth and a reporting restrictions order

Successful application for costs in Court of Protection proceedings as to whether a hospital at which a patient was due to give birth should be permitted to perform a caesarean section if it were established that the patient acked capacity to consent to medical treatment.

Successful appeal concerning funding of an expert report in private children law proceedings. The LSC refused to fund the whole costs of an expert’s report notwithstanding that the judge at first instance had ordered that the costs be funded by the child (who was publicly funded) and had certified that it was a reasonable and necessary disbursement under the terms of her public funding certificate. Held that the cost of the report be funded by the child, the court considering it to be a reasonable and necessary disbursement to be incurred under the terms of her public funding certificate.

Appeal by local authority against decision to give a parent a ‘last chance’ under a supervision order. Appeal dismissed. Comment on role of agency decision makers.

Application, by consent, for a declaration of marital status following a divorce under the law of the Russian Federation. Held that, although the divorce was valid under Russian law, because it was obtained in the British Isles it was not a valid divorce in the jurisdiction of England & Wales.

Appeal against (a) a stay of proceedings pursuant to Article 19 of Brussels II Revised on the grounds that the court remained seised as a result of a previous order, and (b) an order requiring the mother to take the child to Italy by a certain date pursuant to Article 20. Appeal dismissed.

Father’s appeal against an order for reduced contact and in relation to case management issues regarding experts.