Case Summaries

Re G (A Child) [2014] EWCA Civ 432

Application by non-parent who had cared for child until his removal under care and placement orders for leave to oppose adoption. Consideration of the legal route for a person who is not a parent or guardian to seek to participate within adoption proceedings.

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London Borough of Redbridge v G & Others (No 2) [2014] EWHC 959 (COP)

Judgment concerning interlocutory issues relating to the role of a responsible local authority in proceedings under the Mental Capacity Act 2005, the function of the Court of Protection, and the right of people affected by, or subject of, the proceedings to speak publicly about them.

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GE v KE & Another [2013] EWHC 1938 (Fam)

Application for a declaration as to the subsistence of a customary marriage in the Igbo culture of Nigeria. Application refused.

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Kinderis v Kineriene (No 2) [2014] EWHC 693 (Fam) – NOT TO BE PUBLISHED WITHOUT PERMISSION OF BF / MW

Application under Hague Convention for return of child to Lithuania. Objections raised under Art 13 of the Convention. Re E [2011] UKSC 27 applied. Application refused.

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CC v NC [2014] EWHC 703 (Fam)

Application by wife for maintenance pending suit. Wife awarded MPS of £170,000 per annum.

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Bristol City Council v AA and Another [2014] EWHC 1022 (Fam)

Issue of child’s habitual residence and the appropriate jurisdiction under Brussels II Revised.

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MW and Hertfordshire County Council v A and Others [2014] EWCA Civ 405

Appeal by local authority and father of two children placed in the care of their maternal uncle and aunt, residing in Poland, subject to a special guardianship order. Appeal dismissed and costs awarded against the local authority.

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R (A Child) [2014] EWCA Civ 270

Appeal by a father against findings of fact. Observations by the Court of Appeal re. the weight to be attached to flawed ABE interview and the threshold for dislodging findings of fact on appeal.

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H (A Child) [2014] EWCA Civ 271

A maternal Grandmother appealed within private law proceedings against an order that there be no direct contact with her grandchild who lived with the mother.

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Richards v Wood & Wood [2014] EWCA Civ 327

Dispute as to the interpretation and enforcement of a declaration of trust in relation to a property purchased pursuant to the right to buy scheme.

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Re B (A Child) (1980 Hague Convention Proceedings) [2014] EWCA Civ 375

Appeal from a return order made in Hague Convention proceedings in relation to a 10 year old child who was subject to an interim care order in the UK

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US v SR [2014] EWHC 175 (Fam)

Judgment in financial remedy proceedings involving, principally, OS v DS fact-finding exercise concerning alleged misconduct, unauthorised property dealings and non-disclosure. Findings of litigation misconduct made, but costs of the OS v DS hearing reserved to the final hearing.

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N v N [2014] EWCA Civ 314

Appeal of decision to set aside order for further maintenance pending suit (as a result of husband’s material non-disclosure). Appeal allowed and the order of 2009 reinstated.

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Cambra v Jones & Palacin [2014] EWHC 913 (Fam)

Judgment in Hague Convention proceedings, explaining why child should participate as a party to proceedings considering the committal of mother for breach of order to return children to Spain.

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Re A (A Child) [2014] EWHC 604 (Fam)

Application by father under the Hague Convention for the return of his son to Latvia, following the commencement of care proceedinsg in respect of the child. Held that the English court had no jurisdiction to deal with the care proceedings and the child should be returned to Latvia.

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Re D (A Child) [2014] EWCA Civ 315

Appeal from a decision by Baker J (CW v SG [2013] EWHC 854 (Fam)) within private law Children Act 1989 proceedings to terminate the father’s parental responsibility in respect of his 8 years old child (D) on the application of the mother. Appeal dismissed.

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