Case Summaries

SA v PA (Pre-marital agreement: Compensation) [2014] EWHC 392 (Fam)

Financial remedies case in which the Husband contended that the parties were bound by a Dutch pre-marital agreement and the wife argued for a compensatory payment by virtue of her having given up a high powered career

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Re J and K (Children: Private Law) [2014] EWHC 330 (Fam)

Judgment in long-running private law children proceedings involving issues of parental responsibility, residence and contact in respect of twin boys, detailing the measures which helped to resolve it.

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Grocholewska-Mullins v Mullins [2014] EWCA 148

Appeal by wife in financial remedy proceedings where the court had ordered payment by the husband, in three instalments, of a capitalised sum of £300,000 in lieu of periodical payments; appeal as to the staging of the instalments. Appeal allowed and order varied to effect the husband’s offer to make continuing periodical payments.

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Hope v Krejci [2014] EWHC B5 (Fam)

Application by wife for committal of husband for contempt of court arising from his failure to comply with financial remedy orders. Contempt proved and committal to prison ordered but suspended pending payment of outstanding sums to the wife.

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Harrow v Afzal [2014] EWHC 303 (Fam) (sentencing remarks)

Sentencing remarks of Keehan J in case involving contempt of court by maternal grandfather in proceedings involving a 3 month old baby who had been unlawfully removed from the jurisdiction

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Harrow v Afzal [2014] EWHC 303 (Fam)

Application by local authority in which it was alleged that grandparents were in contempt of court for not providing relevant information and/or securing the return of a baby who had been removed from the jurisdiction

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A Local Authority v Mrs D & Another [2013] EWHC B34 (COP)

Judgment approving an agreed order compromising a claim for remedies under s.8 Human Rights Act 1998, which included a sum in damages, for alleged breaches of a party’s rights under Articles 5 and 8 ECHR.

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Prospective Adopters v IA & Others [2014] EWHC 331 (Fam)

Application by father on the basis of a change of circumstances caused by judgments in Re B and Re B-S for (i) permission to oppose the making of an adoption order and/or (ii) stay of the application pending determination of his application to the ECtHR. Permission to oppose the adoption order granted and consequently application for stay dismissed as unnecessary.

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Ray v Sekhri [2014] EWCA Civ 119

Appeal by husband against an order that the court in England and Wales has jurisdiction to entertain a divorce petition issued by his wife on the grounds, he claimed, that neither party was habitually resident or domiciled in the jurisdiction on the date that it was issued. Appeal dismissed.

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Re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) [2014] EWHC 270 (Fam)

Appeal by a mother against the interim removal of her newborn baby

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SA v BN [2013] EWHC 4417 (Fam)

Application by father for parental responsibility and contact in respect of his 3 year old daughter, requiring a determination as to whether the child is alive or, as the mother and maternal grandfather asserted, the child had died.

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Swansea v XZ & Anor [2014] EWHC 212 (Fam)

Application by local authority to extend a reporting restriction order.

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RK v SV [2013] EWHC 4386 (Fam)

Father’s application for extended contact and rescission of an order granting the mother leave to remove the child from the jurisdiction (he sought a residence order at the final hearing)

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Re C (A Child) [2014] EWCA Civ 70

Second appeal to Court of Appeal in public law proceedings – appeal allowed on the basis of procedural irregularities involved in the first appeal from District Judge of the Principal Registry to High Court Judge

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K v B [2014] EWHC

Application under the Hague Convention by mother for the summary return of her son, aged 15 years 6 months, to Hungary following his wrongful retention by the father. In view of the child’s objections to a return, the application was declined.

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Re P (Findings of Fact) [2014] EWCA Civ 89

Appeal against finding that a child had suffered a non-accidental injury where perpetrator’s lies were used to bolster equivocal medical evidence. Consideration of interplay between medical and non-medical evidence in NAI cases.

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