Case Summaries

N v A (Abduction from Pakistan) [2012] EWHC 3954 (Fam)

Mother’s application for summary return to Pakistan of child.

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A (A Child), Re [2013] EWCA Civ 43

Application by local authority for wasted costs order against firm of solicitors acting in care and placement for adoption proceedings in the High Court and Court of Appeal. Application dismissed.

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VK v JV [2012] EWHC 4033 (Fam)

Application by the father pursuant to the Hague Convention for the return of two children, SK and AK, to Latvia. Held that the father had consented to the removal from Latvia of AK but that the removal of SK from that country was wrongful.

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Kremen v Agrest [2013] EWCA Civ 41

Appeal by the intervener against an order refusing to make a charging order over a property which was beneficially owned by the husband and which represented the only available asset which might be used by him to satisfy an order to pay a lump sum to his wife. Appeal dismissed.

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Re K and HH (Children) [2013] EWHC 165 (Fam)

Welfare hearing following from fact-finding hearing in which parents’ youngest child was found to have died as a result of non-accidental head injury and neither parent could be excluded as possible perpetrators – consideration of whether maternal grandparents could meet children’s needs or whether to make final care and placement orders

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AMV v RM [2012] EWHC 3629 (Fam)

Judgment, in appeal by mother against residence order, relating to the decision of the district judge to visit the homes of the mother and the maternal grandparents in order to ascertain the veracity of the mother’s claims as to residence.

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Re K and HH (Children) [2012] EWHC 4027 (Fam)

Fact-finding hearing into the cause of death of baby – finding that death was caused by non-accidental head injury and that there were further, earlier, non-accidental rib fractures

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Re G (A Minor); Re Z (A Minor) [2013] EWHC 134 (Fam)

Factors which determine applications by “donor” fathers for leave to apply for s.8 orders where the children were born to, and cared for by, women who were recognised as joint parents pursuant to ss. 2, 45 and 48 of the Human Fertlilsation and Embryology Act 2008

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W v W [2012] EWHC 2469 (Fam)

Judgment in final hearing of financial remedy with CPS intervening – confiscation order made prior to final hearing – wife with no knowledge of husband’s fraud – consideration of extent of wife’s beneficial interests in properties held by the parties and the extent of untainted assets available to meet W’s claims.

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Zuk v Zuk [2012] EWCA Civ 1871

Appeal allowed against an order committing the Appellant to prison for 9 months for having failed to pay a lump sum to his former Wife following contested ancillary relief proceedings.

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W (A Child) [2012] EWCA Civ 1828

Appeal against a final care order and adoption order on the basis that the decision was plainly wrong.

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Re AI and MT [2013] EWHC 100 (Fam)

Judgment in a case where the Jewish parties agreed to be bound by an arbitration decision by a Beth Din, detailing the court’s approach to such arbitrations and the circumstances in which the court may be willing to approve an order agreed through such religious arbitration.

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J-L (Children) [2012] EWCA Civ 1832

Appeal against findings of fact made within care proceedings

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BP v KP and NI (Financial Remedy Proceedings: Res Judicata) [2012] EWHC 2995 (Fam)

High Court judgment on preliminary issues as to whether wife is barred a) by operation of res judicata from asserting in financial remedy proceedings claims concerning an agreement involving the husband; and b) from running a case of "add-back" in relation to losses arising from enforcement of that agreement.

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W v M (TOLATA Proceedings; Anonymity) [2012] EWHC 1679 (Fam)

Application in TOLATA proceedings that in those proceedings at the main hearing, and in the final judgment, all relevant people and places should be anonymised. Following settlement of the main action, order granted that the judgment should be anonymised.

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Cambra v Jones [2013] EWHC 88 (Fam)

High Court proceedings as to what further steps should be taken to enforce an order for the return of two children to Spain and whether a stay should be granted on the order for their return.

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