Case Summaries

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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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S v S [2014] EWCA Civ 95

Wife’s appeal against Bennett J’s dismissal of her application to resume the hearing of her financial provision claim, following the parties reaching settlement on terms, which the Wife claimed were vitiated by the Husband’s material non-disclosure

Moore-Bick LJ and Macur LJ dismissed the appeal, with Briggs LJ delivering a dissenting judgment.

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RO v A local authority and Others BM 11P08244

High Court applications by father for residence and contact – mother deceased

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Re D (A Child) [2014] EWHC 121 (Fam)

Fact finding hearing in care proceedings in respect of an oxygen-dependent child in order to determine whether the oxygen supply had been turned off and, if so, by whom. Consideration as to the principles to be applied in such cases.

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S (A Child) [2013] EWCA Civ 1835

Appeal by mother against care order and authorisation to place S for adoption. Permission to appeal refusal of application for direct contact with Y. Appeal dismissed and permission to appeal refused.

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RC v CC & Anor [2014] EWHC 131 (COP)

Appeal of refusal to allow the Applicant in Court of Protection proceedings (biological mother of the incapacitated adult in question) to see social work statements prepared for the purpose of the proceedings.

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Great Western Hospitals NHS Foundation Trust v AA & Ors [2014] EWHC 132 (Fam)

Application by hospital trust to invoke the inherent jurisdiction of the High Court for declaratory relief in relation to serious medical treatment for a pregnant protected party. Declaration granted.

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RO v Local Authority & Others [2013] EWHC B31 (Fam)

High Court applications by father for residence and contact – mother deceased

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RO v A Local Authority & Ors [2014] EWHC 97 (Fam)

High Court application for placement order and permission to place a child with relatives in the USA. Application arising following previous judgment dismissing father’s application for residence following death of the mother

Case linked to RO v A local authority and Ors [2013] EWHC B31 (Fam)

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Re X, Y and Z [2014] EWHC 87 (COP)

Conjoined care proceedings and Court of Protection proceedings concerning three children of a woman lacking mental capacity, in which care orders were made in respect of the children and the mother’s deputy was authorised to make payments to the children’s nanny from the mother’s trust fund.

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Finance and Divorce February 2014 Update

Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in January

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