Case Summaries

GB v RNB [2013] EWHC 414 (Fam)

Appeal by mother against the registration in this jurisdiction of a Romanian court order granting the care of R to his father until proceedings in Romania were finalised. Appeal dismissed.

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S (A Child) [2012] EWCA Civ 1915

Interim removal from family member following adjournment of fostering panel decision for approval. Findings made by Recorder unsupported by evidence. Child remained in placement under IRO and ISO.

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A London Borough v A [2012] EWHC 2203 (Fam)

Decision to adjourn the Local Authority’s application for final care orders, enabling the Mother to attend therapy.

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G v P [2013] EWCC

Application in the county court under Matrimonial Causes Act 1973, s 33 for an order for repayment of overpaid maintenance. Consideration as to whether an order must be ‘subsisting for the purposes of the section. Application granted.

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Re TC and JC (Children: Relocation) [2013] EWHC 292 (Fam)

Mother’s application for leave to permanently remove two young children to Australia.

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T v T (Anti-arbitration injunction) [2012] EWHC 3462 (Fam)

Application by wife for an Hemain order stopping the husband from progressing arbitration in State A in the USA pursuant to a pre-marital agreement while the wife’s proceedings in England were awaiting a decision on the husband’s application for a stay. Application dismissed. The court found that the husband was not behaving vexatiously or oppressively by invoking the arbitration clause in the pre-marital agreement.

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M (A Child) [2012] EWCA Civ 1905

Appeal by father against outcome of trial on basis of a breach of Article 6 rights where no protective measures were put in place contrary to the recommendations of an expert.

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B (Children) [2012] EWCA Civ 1901

Returned hearing before the Court of Appeal after a local authority had shown reluctance to implement the Court’s previous decision.

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AB v BB and Others [2013] EWHC 227 (Fam)

Father’s application for direct and indirect contact and for expert risk assessment. Mother’s application for permission to change the children’s names.

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A London Borough v A & Ors [2013] EWHC 96 (Fam)

Care proceedings; assessment of mother’s ability to protect children from father found to be responsible for child’s death.

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A Local Authority v K [2013] EWHC 242 (COP)

Court of Protection application for a best interests decision in relation to the issue of contraception for, and sterilisation of, a vulnerable adult. General Guidance given.

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In the Matter of L and B (Children) [2013] UKSC 8

Supreme Court. Appeal by father concerning whether and in what circumstances a judge who has announced her decision in civil or family proceedings is entitled to change her mind. Appeal unanimously allowed.

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In the Matter of J (Children) [2013] UKSC 9

Supreme Court. Appeal by local authority concerning whether a child can be regarded as ‘likely to suffer’ harm for the purposes of s 31(2) of the Children Act 1989 if another child has been harmed in the past and there is a possibility that the parent now caring for him or her was responsible for the harm to the other child. The Supreme Court unanimously dismissed the appeal. Lady Hale gives the main judgment, Lord Wilson and Lord Sumption disagreeing on one point.

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RCW v A Local Authority [2013] EWHC 235 (Fam)

Urgent application for injunctive relief under section 7 of the Human Rights Act 1998 to prevent the local authority from removing a child from a prospective adopter due to the prospective adopter’s loss of sight after an operation.

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H (A Child) EWCA Civ 72

Appeal against a “relaxation” of restrictions to an interim contact order in the absence of a fact finding hearing.

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E (Children) [2012] EWCA Civ 1893

Father’s appeal against an order granting the mother leave to remove the children permanently from the jurisdiction.

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