Case Summaries

International divorce in which the parties had spent a total of £860,000 in legal costs in three jurisdictions; dispute included the jurisdiction of England and Wales to hear the petition for divorce; consideration of whether either party domiciled in England and Wales

Appeal by local authority against order that children should remain in long-term foster care and the refusal of placement orders. Judge wrong to conclude that long-term fostering would serve the interests of the children. Appeal allowed. Black LJ made observations on differences between long-term fostering and adoption in terms of security.

Mother’s application under the Hague Convention 1996 for the return of her 14 year old son who had remained in the UK following a contact visit to his Father – consideration of the defence under Art 13 of the child’s objection to the return

Application by mother for a declaration under s 55A of the Family Law Act 1986 that the respondent is the legal parent of her child. Declaration granted. Consideration of aspects of the HFEA 2008.

Appeal by mother against an adoption order. Consideration of the test for granting permission to appeal. Appeal dismissed.

Application for a declaration of non-recognition, under section 55 of the Family Law Act 1986, of a marriage conducted in India. Application dismissed.

Appeal by defendant against committal to prison for contempt of court for breaches of a disclosure order ancillary to a freezing order. Appeal dismissed.

Appeal by father against findings of fact in care proceedings. The appeal allowed was on a limited basis and a direction made that further and better particulars of judgment be given at the conclusion of the welfare hearing.

Adoption order made in favour of a woman suffering from visual impairment.

Final hearing of an application for a care order where the court had to decide whether the child should return to the care of his mother or be placed in the family of his maternal great uncle, who lived in Belgium.

Judgment of Jackson J on welfare issues in respect of care applications following a fact-finding hearing.

Application to strike out a committal application for failure to comply with disclosure order arising from a child abduction. Application dismissed.

Hague Convention application in which the Court of Appeal considered whether permanence is a necessary ingredient of habitual residence and the remedies available when a child is lawfully removed pursuant to a return order and that return order is subsequently set aside on appeal.

Application by a local authority for permission to invoke the inherent jurisdiction of the High Court, with a view to the local authority seeking the revocation of an adoption order regarding a young girl. Permission refused.

Proceedings in the Court of Protection under the Mental Capacity Act 2005 concerning the residence of a mentally incapacitated adult and whether the order made should be a ‘final’ or ‘interim’.

Application for permission to appeal against a refusal to allow a mother to oppose an application for the adoption of her two eldest children. Permission granted, applying the recent Supreme Court decision in Re B (A Child).