Case Summaries

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.

Decision of the Court of Appeal on the question of whether the winnings of a ‘professional’ poker player were “earnings” for the purpose of the Child Support Agency.

Applications by former female partner of mother of child for permission to apply for residence and contact orders, and for declarations that she was a ‘psychological parent’ to the child and that they shared family life within the meaning of Article 8 of the ECHR. Applications dismissed in respect of residence and contact orders, and that the applicant was a ‘psychological parent’, but declaration granted as to family life between the applicant and child.

Mother’s application (within care and placement proceedings) for declarations in relation to alleged breaches of her Human Rights by virtue of alleged inappropriate procedures by the Local Authority social work team relating to the removal of her youngest child shortly after birth

Application, by newspaper publisher in Court of Protection welfare proceedings concerning a 94 year old woman, to be joined as an interested party in the proceedings; to receive a copy of the expert’s report as to capacity; and to be permitted to make representations to the expert. Application dismissed by the President.

Mother’s appeal in Hague Convention case in which she contended that the fact that the judge conducted an extensive meeting with the child during the hearing and had used evidence from that meeting to support her decision to reject the CAFCASS officer’s recommendation contravened the Guidelines for Judges Meeting Children who are Subject to Family Proceedings (April 2010).

High Court applications for the appointment of a receiver, an extended civil restraint order and an extension to a freezing injunction. Cross-application to strike out freezing order and suspend all other orders made.

Fact-finding hearing in relation to allegations of physical injury against a background of admissions of fabricated or induced illness perpetrated by the mother

Parental order application pursuant to s.54 HFEA 2008, following a foreign surrogacy arrangement. Theis J considers the need for proof of the surrogate mother’s consent and how the court should decide whether to authorise payments which went beyond ‘expenses reasonably incurred’.

Application for father’s committal for contempt for failing to comply with three High Court orders requiring the return of his five year old son wrongfully retained in Singapore

Care proceedings in relation to a child with complex medical needs in which the judge was asked to consider the parents’ and paternal grandmother’s criticisms of the Local Authority handling of the case