Case Summaries

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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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Re DE (A Child) [2014] EWFC 6

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.

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B v B [2014] EWHC 1804 (Fam)

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.

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Quaintance v Tandan [2012] EWHC 4416 (Ch)

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

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Sheffield Teaching Hospitals NHS Foundation Trust v TH & Anor [2014] EWCOP 4

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.

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Bristol City Council v A Mother & Others [2014] EWHC 1367 (Fam)

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.

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An NHS Foundation Trust Hospital v P [2014] EWHC 1650 (Fam)

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.

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Re J and S (Children) [2014] EWFC 4

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.

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C (Children) [2014] EWCA Civ 705

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

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Price v Price [2014] EWCA Civ 655

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.

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North Somerset Council v LW and others (Care and RRO) [2014] EWHC 1670 (Fam)

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

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