Case Summaries

Re T (A Child: Article 15 of B2R) [2013] EWHC 521 (Fam)

Proceedings in relation to a Slovakian mother, who is the subject of a care order in Slovakia, and her ten-month old son. Request made for transfer to Slovakian court. Art 15 of Brussels IIR applied and request granted.

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Kent County Council v. PA-K and IA (a child) [2013] EWHC 578 (Fam)

International adoption – Clarification of implementation of English welfare plans in the USA. Consideration of apparent divergence of case law re “ordinary residence” and s.105(6) CA 1989 “disregard” provision.

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Evans v Evans [2013] EWHC 506 (Fam)

Application for financial remedies in case involving assets of £40m. Issues of financial conduct and special contribution, and the definition of marital property were considered.

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Re H (A Child) [2013] EWCA Civ 148

Appeal by the mother against the refusal of a summary return of the child to Mexico. Appeal dismissed.

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R (on the application of X) v London Borough of Tower Hamlets [2013] EWHC 480 (Admin)

Judicial review of local authority policy on payments to family and friends foster carers. Policy declared unlawful.

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B (A Child) [2013] EWCA Civ 166

Father’s appeal against a suspended sentence imposed upon him for six breaches of an injunction preventing publicity and harassment/interference with his daughter who was in a foster care placement.

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A London Borough v M [2012]

Fact-finding hearing in care proceedings relating to a child, with a Vitamin D deficiency and rickets, who suffered 17 fractures. Application for care order dismissed.

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KS v ND (Schedule 1: Appeal: Costs) [2013] EWHC 464 (Fam)

Mother’s appeal in Schedule 1 to the Children Act 1989 case in respect of orders capping the amount of school fees payable by the father for the parties’ 17 year old son and making no order for costs.

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Re A & B (Parental Order Domicile) [2013] EWHC 426 (Fam)

Application for a parental order granted. Applicants had discharged the burden on them of proving the abandonment of their domicile of origin and the acquisition of a domicile of choice.

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TF v FF [2013] EWHC 390 (Fam)

Wife’s application for permission to appeal a financial remedy order. Application granted only in respect of periodical payments order for the wife and subject to a condition that the costs recoverable by either party on the appeal be subject to a costs cap of £5000.

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Re J (A Child) [2012] EWHC 3353 (Fam)

Application for a declaration recognising the validity of a foreign adoption order. Application granted.

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ML v KW and Anor [2013] EWHC 341 (Fam)

Finding of fact hearing within wardship and contact proceedings, allegations of domestic violence found to be proven.

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AC v DC (No 2) [2012] EWHC 2420 (Fam)

“Big money” financial remedy case – appropriate split of assets in light of pre-marital acquest – sale of husband’s shares in business envisaged with proportion of proceeds to be paid to wife – husband with limited life expectancy – consideration of whether wife’s claims should be adjourned generally if the sale did not proceed, or shares transferred to her

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AC v DC & Ors (Financial Remedy: Effect of s37 Avoidance Order) (No 1) [2012] EWHC 2032 (Fam) (19 July 2012)

Application for avoidance of disposition order under s. 37(2) MCA 1973 – consideration of whether set aside operated retrospectively for all legal (including fiscal) purposes

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Aintree University Hospital NHS Foundation Trust v J [2013] EWCA Civ 65

Appeal against refusal of a declaration in favour of a hospital trust relating to withdrawal of medical treatment in specified circumstances and for permission to place a “Do not attempt resuscitation” instruction on the First Respondent’s medical records.

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Y (A Child) [2013] EWCA Civ 129

Application for permission to appeal against a return order to Cyprus under the Hague Convention Child Abduction Convention 1988 where it was argued by the mother that undertakings given to the Cypriot court did not have the force of a court order. Application granted but appeal dismissed.

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