Case Summaries

Mother’s High Court application for a passport order whereby in the event that the respondent father enters the jurisdiction from the US, his passport and any passport in the parties’ child’s name be seized.

Consideration within public law proceedings of the making of a request under Article 15, Brussels II Revised, for the relevant authority in Hungary to accept jurisdiction. Guidance provided on the role of Embassies / Central Authorities, international communications and Article 55.

Application for the making of a parental order following a surrogacy arrangement and the making of an adoption order in the United States of America. Application granted.

Supreme Court judgment concerning the meaning of the words ‘rights of custody’ in article 3 of the Hague Convention on the Civil Aspects of International Child Abduction and Brussels II Revised.

Application by parents for permission to appeal against findings of fact in care proceedings. Consideration given to the local authority’s ‘neutral stance’ in respect of the appeal. Application dismissed.

Application by wife in big money financial remedy proceedings to withdraw and issue a fresh divorce petition and to receive further maintenance pending suit.

A public law children appeal to the Court of Appeal on an important point of principle or practice, considering the power and extent of an appellate court’s ability to ‘fill the gaps’ in the reasoning of a first instance decision and when such a discretion should be exercised, as opposed to directing a full re-hearing.

Consideration by the President of the Family Division of whether the Judicial Proceedings (Regulation of Reports) Act 1926 applied to an application by the Queen’s Proctor for the dismissal of a number of divorce petitions, and whether the Court had a discretion to allow publication of the whole of the proceedings under section 1(4) of that Act. Directions made permitting publication of the whole of the proceedings and comment provided as to the use of similar directions in financial remedy proceedings.

Appeal of care and placement orders due to insufficient analysis of risks and failure to consider all options. Appeal allowed and case remitted. Guidance given on public law appeals where the appellant is a litigant in person.

Consideration of special guardianship orders against adoption orders particularly in light of Re B-S [2013] EWCA Civ 813

Appeal by father in private law children proceedings against the decision to discharge his McKenzie friend. Appeal dismissed. Consideration given to the guidance concerning the involvement of McKenzie friends.

Claim by wife for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984.

Application by NHS Trust for declarations relating to a treating clinician’s decision not to impose a blood transfusion on a Jehovah’s Witness, detained in a secure psychiatric hospital after self-laceration, who refused to consent to such treatment and had signed an advance decision to that effect.

Appeal in connection with a claim by the respondent to be entitled to an interest in her parents’ dairy farm, or other equitable relief, based on the doctrine of proprietary estoppel. Appeal allowed to the extent that the order be amended so as to declare only that the respondent was entitled to an equity over the farm and/or farming business and that the extent of the equity and the manner of its satisfaction remain to be determined.

Final care and placement orders made after short adjournment allowed to enable the mother to consider the findings of the court made against herself and the father of the children.

Application for a short focussed adjournment allowed to enable the mother to consider the findings of the court (that the father had caused the death of a child and perpetrated domestic violence) and acknowledge the risk presented to her and the children by their father.