Case Summaries

Re S (A Child: Care Order) [2014] EWHC 529 (Fam)

Application for a further adjournment so that the mother, living in Pakistan, could be assessed was refused and a final care order was made.

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Re N (A Minor) [2014] EWHC 749 (Fam)

Applications under Hague Convention on the civil aspects of child abduction for summary return of child to Spain and under Brussels II Rev. for recognition and enforcement of Spanish order..

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FQ v MQ [2014] EWHC 441 (Fam)

Judgment relating to the jurisdiction of the court in England and Wales to deal with issues to relating to children who had moved to this jurisdiction from USA.

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FQ v MQ & Others [2013] EWHC 4149 (Fam)

Father’s application for summary return of his two children to the USA; resisted by mother. Application dismissed as, under Article 12, they are settled here and it would not be in their interests to return them to America.

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SMD v LMD [2014] EWHC 302 (Fam)

Application by father for contact with his daughter following findings of fact adverse to the father. No order as to contact. Section 91(14) order made.

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Re C (A Child) [2014] EWCA Civ 128

Appeal by parents against care and placement orders where the mother has speech and hearing impediment and the father is profoundly deaf. Guidelines given for cases involving a deaf parent. Appeal allowed and case remitted for rehearing.

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SMD v LMD [2013] EWHC 4611 (Fam)

Fact-finding hearing in respect of child involved in proceedings relating to contact.

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MD v CT [2014] EWHC 871 (Fam)

Appeal pursuant to Brussels II Revised against the registration and enforcement of a French custody order. Appeal allowed.

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Re G (Children) [2014] EWCA Civ 336

Appeal against refusal to grant a shared residence order as a means to confer parental responsibility on one party in relation to children born as result of egg donation between parties in a same sex relationship.

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H v H [2014] EWHC 760 (Fam)

Husband’s application to terminate joint lives periodical payments order of £150,000 per annum made in favour of the wife in 2006.

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Matthews v Matthews [2013] EWCA Civ 1874

Financial remedies appeal against dismissal of the wife’s application for nominal spousal maintenance

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Leicester City Council v Chhatbar & Another [2014] EWHC 830 (Fam)

Judgment as to whether a child was habitually resident in England and Wales on a date on which he was made a ward of court. Held, applying Re A (Jurisdiction Return of Child) [2013] UKSC 60, that he was so habitually resident.

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Chai v Peng [2014] EWHC 750 (Fam)

Application for further maintenance pending suit by the wife. Application granted and the husband ordered to pay the wife £170,000 before the end of April 2014.

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Re F (A Child) [2014] EWCA Civ 275

Appeal from a decision within proceedings under the Child Abduction and Custody Act 1985 refusing permission for an expert to be instructed to assess the mother’s mental health and its impact on her ability to care for the child if a summary return was to be ordered.

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FB v IB [2014] EWHC 759 (Fam)

Judgment in Hague Convention proceedings brought by father who contended that he had not consented to the children’s relocation from the USA to England. Declining to exercise inherent jurisdiction to order the return of the children, the court made residence orders in respect of both children in favour of the mother.

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P (by his litigation friend, the Official Solicitor) v Cheshire West and Chester Council and another; P and Q (by their litigation friend, the Official Solicitor) v Surrey County Council [2014] UKSC 19

Two appeals to the Supreme Court concerning the criteria for judging whether the living arrangements made for a mentally incapacitated person amount to a deprivation of liberty. Both appeals allowed.

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