Case Summaries

F (A Child) [2013] EWCA Civ 1277

Consideration by the Court of Appeal as to when a placement order can be made

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Berger v Berger [2013] EWCA Civ 1305

Appeal from refusal of permission to apply for provision under the Inheritance Act 1975 some six years after the death of the deceased.

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A v D (Parental Responsibility) [2013] EWHC 2963 (Fam)

Application by mother for a residence order, for an order granting her permission to change the child’s forename and surname, and for an order terminating the father’s parental responsibility.

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Walsall MBC v KK & Anor [2013] EWHC 3192 (Fam)

Application within care proceedings for the transfer of the proceedings and of the children themselves to the Slovak Republic under Art 15 of Brussels II Revised. Application dismissed.

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Lancashire County Council v R and W [2013] EWHC 3064 (Fam)

Judgment in fact-finding hearing concerning a child who had suffered a serious head injury where the local authority claimed that the father had deliberately injured her and he claimed that the injury was accidental. Held, after hearing several expert witnesses, that that the father’s account was more likely than not to be correct.

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Re AK and MK (Fact Finding) (Physical Injuries) [2013] EWHC 3158 (Fam)

Fact finding hearing in care proceedings to establish the cause of injuries suffered by a six month old girl.

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C (A Child) [2013] EWCA Civ 1257

Appeal of care and placement for adoption orders in which McFarlane LJ emphasises the need for trial judges to consider sections 1 and 52 of the Adoption and Children Act 2002 before approving a care plan for adoption where an application for a Placement Order is before the court or imminent

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R (Children) [2013] EWCA Civ 1240

Application by mother to appeal placement orders made in 2012. Delays in matter coming before the court. Pragmatic way forward agreed.

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Re MM (A Child) (Long Term Fostering / Placement with Family Members) (Wishes and Feelings) [2013] EWHC 2697 (Fam)

Welfare stage of care proceedings; disagreement of guardian with local authority as to appropriate plan; criticism of guardian in relation to her discussions with the child, which court found had resulted in emotional harm.

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Mittal v Mittal [2013] EWCA Civ 1255

Long-awaited judgment of the Court of Appeal regarding the impact of the ECJ decision in Owusu v Jackson [2005] QB 801 on the power of the English court to stay divorce proceedings on the grounds of forum non conveniens.

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Re W (A Child); Re H (Children) [2013] EWCA Civ 1177

Parents’ successful appeals against the making of orders refusing them permission to oppose the granting of adoption orders in relation to their children – Re B-S (Children) revisited and confirmed.

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S-K (A Child) [2013] EWCA Civ 1247

Application for permission to appeal residence and contact orders – permission granted in part

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M-T v T [2013] EWHC 2061 (Fam)

Case summary coming soon

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LCC v A & Ors [2011] EWHC 4033 (Fam)

Application for declarations pursuant to the High Court’s inherent jurisdiction in respect of immunisation of children in local authority care.

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F v F [2013] EWHC 2683 (Fam)

Father’s application for a declaration and specific issue order for his children to receive the MMR vaccination

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ET v TZ [2013] EWHC 2621 (Fam)

Application by mother under Brussels II Revised seeking a declaration of enforcement of a Polish order granting her interim residence in respect of her son. Declaration made.

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