Case Summaries

Hamilton v Hamilton [2013] EWCA Civ 13

Appeal by the husband against the variation of an order made by consent, which had been held to be an order for the payment of a lump sum in instalments. Appeal dismissed.

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DL v EL (Hague Abduction Convention – Effect of Reversal of Return Order on Appeal) [2012] EWHC 49 (Fam)

Hague Convention application for return of child to the US considering whether child’s habitual residence can be changed by a removal pending exhaustion of appeals and relevance of pending appeal in US Supreme Court.

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Re S (Findings of Fact) [2013] EWHC 15 (Fam)

Fact-finding hearing in private law proceedings – “honour” based violence – discussion of difficulties created by lack of corroborative evidence, unrepresented interveners and previous untrue statements provided by the mother.

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R (on the application of KA) v Essex County Council [2013] EWHC 43 (Fam)

An application for judicial review on the local authority’s withdrawal of support under the Children Act 1989 pending a removal by the UK Border Agency.

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A City Council v DC & Others [2013] EWHC 8 (Fam)

Guidance given for the appropriate procedure to be followed in applications to revoke freeing orders.

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Re TG (A Child) [2013] EWCA Civ 5

Appeal by a father against a case management decision refusing him permission to instruct a biomechanical engineering expert in care proceedings pursuant to Part 25 of the Family Procedure Rules 2010. Permission to appeal granted but appeal dismissed. In dismissing the appeal, the President of the Family Division rehearsed the principles involved in appealing case management decisions.

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AB v CB [2012] EWHC 3841 (Fam)

High Court proceedings as to whether English divorce proceedings instituted by the wife should be stayed to enable Indian proceedings for divorce instituted there earlier by the husband to proceed; and, if the English divorce proceedings were stayed, what should happen to the wife’s proceedings against the husband in England under S27 MCA 1973.

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W (Children) [2012] EWCA Civ 1788

Appeal against an order that there should be no direct contact between a father and children. Appeal dismissed.

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S-C (Children) [2012] EWCA Civ 1800

Unsuccessful appeal by a mother against a decision to grant placement orders in respect of two younger siblings from a seven sibling group where the care plan for the older five siblings was long-term fostering.

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C (A Child) [2012] EWCA Civ 1787

Appeal by grandparents against placement order. Appeal dismissed.

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R (A Child) [2012] EWCA Civ 1783

Court of Appeal, allegations of sexual abuse, evidence before the Court limited to hearsay evidence from child, change in mother’s position following judgment, Art 6 rights.

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F (Children) [2012] EWCA Civ 1793

Appeal by mother against an order changing the residence of two sons. Appeal dismissed.

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Bristol City Council v C & Ors [2012] EWHC 3748 (Fam)

Application for reporting restriction order arising out of care proceedings.

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An NHS Trust v SR [2012] EWHC 3842 (Fam)

Application by an NHS Trust in respect of the medical treatment of N, a boy aged 7, suffering from a malignant brain tumour.

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Young v Young [2013] EWHC 34 (Fam)

Application for committal of the respondent for breach of an order for disclosure. The respondent was committed to prison for six months.

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I (A Child) [2012] EWCA Civ 1765

Court of Appeal, appeal against placement order on basis that special guardianship order was not considered. Appeal dismissed.

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