Case Summaries

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.

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.

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

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

“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

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

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.

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.

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.

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.

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

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.

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

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.

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.

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