Case Summaries

Judgment with regard to disputed allegations in proceedings where the father had removed the children from the jurisdiction without the knowledge of the mother.

Appeal by wife against an order which set aside, for want of jurisdiction, an order in financial remedy proceedings. Application allowed and costs granted against the husband.

Application by local authority to withdraw its application for care orders at the start of a fact-finding hearing in respect of four children. Consideration of the factors which should be included in the court’s evaluation. Application granted.

Judgment by President in care proceedings in which the mother applied for an assessment under s 38(6) of the Children Act 1989. Consideration of Children and Families Act 2014 s 38(7A) and (7B) and the scope for extending the 26 week time limit. Application dismissed.

Judgment concerning a preliminary issue in adoption proceedings brought by child’s stepfather as to whether the child’s natural father should be notified of the adoption application.

Judgment on costs arising out of proceedings under Part IV of the Family Law Act 1996. Mostyn J also gives consideration to section 45(3) of the Family Law Act 1996 and the general principles that should apply on an ex parte application.

Appeal by father against an order refusing his application for direct contact with his 14 year old son. Appeal dismissed.

Judgment concerning the procedure on an application to enforce a foreign maintenance order.

Further judgment in proceedings under Part III of Matrimonial Family and Proceedings Act 1984 concerning applications for maintenance pending suit and a legal services payment order.

Further judgment in financial remedy proceedings concerning the funding of capital gains tax arising on the sale of a property and how that might affect the net proceeds of sale.

Order to continue a secure accommodation placement of a 17 year old pursuant to the inherent jurisdiction.

Application by local authority for a secure accommodation order under the inherent jurisdiction of the court in respect of a 17 year old girl. Leave granted to the local authority to apply for relief under the inherent jurisdiction.

Application by an NHS Foundation Trust for declarations in respect of the treatment of a 15 year old girl who was suffering from persistent vomiting which had led to life threatening weight loss. The proposed course of treatment was opposed by the child and the Mother. Declarations granted and patient made ward of court.

Judgment considering the weight to be given to parental intention in determining whether the habitual residence of an infant has changed.

Application bywife for financial provision pursuant to Part III of the Matrimonial and Family Proceedings Act 1984 and application by husband that it should be struck out. Held that the court had jurisdiction to hear the wife’s application but that it should be struck out.

Application by mother for transfer of care proceedings to Hungary pursuant to Art 15 Brussels IIR. Re M [2014] EWCA Civ 152 considered. Application adjourned.