Case Summaries

Appeal by mother against a care order opposed by both the local authority and mother. Appeal allowed. Appeal allowed.

Judgment approving agreement compromising an application for financial provision under Sch 1 to the Children Act 1989 notwithstanding the mother’s breach of a term of the agreement.

Application under Hague Convention for return of a child to a third country, not the country of the child’s previous residence, pursuant to an agreement between the parents. Application successful.

Appeal by mother against care and placement orders on the basis that the judge’s orders were disproportionate. Appeal allowed and orders overturned.

Appeal against the trial judge’s refusal to make findings against an intervener, but not against the order made by the trial judge. Appeal dismissed because there was no judgment, order or determination for appeal.

Appeal by father in proceedings under the Hague Convention against an order for the return of four children to Spain where it had been held that Spain was the habitual residence of the children. Appeal in respect of habitual residence dismissed but the case was remitted to the Family Division because the judge had failed to give sufficient weight to the length of time the eldest child had spent in England and her objections to returning to Spain.

High Court application made within Wardship proceedings for Respondent’s committal to prison.

High Court application made within Wardship proceedings for further committal of Respondent to prison in light of continuing failure to comply with orders

Application for leave to apply for revocation of placement order and application for leave to oppose adoption

Consideration of the principles to be applied in considering contact in cases of protracted litigation and high conflict parental disputes.

Application by a mother for permission to appeal against a refusal of permission to appeal against
care and placement orders. Application dismissed.The President of the Family Division makes trenchant comments abouts the delays in obtaining transcripts.

Judgment identifying a number of failings in care proceedings and providing important guidance as to how this could be avoided

Fact-finding hearing in proceedings in which each parent of a young boy sought a residence order and the mother also sought permission to relocate with him from England to Poland.

Judgment in divorce proceedings where the wife had issued a petition in England and the husband had adduced evidence of a divorce certificate issued in Pakistan. Wife’s divorce petition stayed but no declaration made as to the validity of the divorce certificate.

Finding of contempt of court for father in breach of orders to return children to Ireland. Sentenced to 6 months imprisonment.

Appeal against order refusing father’s contact with his three sons, aged 7, 5 and 3. Appeal allowed, order set aside and case remitted for rehearing.