Case Summaries

H (A Child) [2012] EWCA Civ 1700

Appeal against an interim residence order which effectively adjourned the proceedings for three months to allow an independent social work assessment of a couple who had been involved with the mother. Appeal dismissed. Piglowska applied to the evaluation of welfare factors.

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E (A Child) [2012] EWCA Civ 1773

Appeal against making of care order in which the issue of whether s.100 Children Act 1989 prevents the court making a wardship order re a child who is voluntarily accommodated under s. 20 Children Act 1989.

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W (Children) [2012] EWCA Civ 1767

Application by father for permission to appeal against the refusal of a contact order. Application refused.

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F (A Child) [2012] EWCA Civ 1770

Appeal against refusal in care proceedings of the father’s applications for direct contact, parental responsibility and a change of the child’s surname. Appeal allowed and case remitted to the county court for re-hearing.

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C (Children) [2012] EWCA Civ 1766

Appeal by father in care proceedings against an order suspending contact with his children. Appeal dismissed.

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Akhtar v Hussain [2012] EWCA Civ 1762

Appeal against order awarding former cohabitant occupation rent in property in which she had been awarded a 50% beneficial interest. Appeal allowed in part.

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Thompson v Hurst [2012] EWCA Civ 1752

Appeal against declaration of beneficial interests in respect of property in sole name. Appeal dismissed.

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Re B (A Child) [2012] EWCA Civ 1742

Court of Appeal. Appeal against findings of fact made in private law residence application on the basis that the mother’s presentation of her case had been unduly limited by the court in the exercise of its case management powers. Appeal allowed, case remitted.

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Bridgend County Borough Council v GM & Anor [2012] EWHC 3118 (Fam)

Jurisdiction of the High Court to make an interim care order in relation to a baby born abroad and brought to the UK within proceedings.

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T v T [2012] EWHC 2877 (Fam)

Children proceedings concerning the jurisdiction in which issues relating to the welfare of two children should be determined following their permitted removal to the Republic of Ireland by the mother subsequent to a ‘shared residence’ order. Held that this country had jurisdiction.

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Re M (Children) [2012] EWCA Civ 1710

Appeal from findings of non-accidental injury in a case where the extent of her “spectacular” cranial fracturing was said by the experts to be inexplicable given her lack of accompanying brain injuries.

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Bhura v Bhura [2012] EWHC 3633 (Fam)

Application for judgment summons and writ ne exeat regno following failure by husband to pay lump sum and periodical payment orders – consideration of procedure and rules of evidence for such applications

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Re R (A Child) [2012] EWHC 2956 (Fam)

Application for recognition in this jurisdiction of an Indian adoption. Application granted.

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In the Matter of A (A Child) [2012] UKSC 60

Supreme Court. Appeal against order requiring the disclosure of details of allegations, made by an unnamed third party, of abuse committed by the father. Appeal dismissed.

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Suffolk CC v Nottinghamshire CC [2012] EWCA Civ 1640

Special Guardianship – responsibilities of Local Authority initiating proceedings and Local Authority where the child lives.

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J Council v GU & Ors [2012] EWHC 3531 (COP)

Application in the Court of Protection which provides guidance as to how the Article 8 rights of the vulnerable adult should be protected if they are deprived of their liberty and subject to restrictions in their place of residence.

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