Case Summaries

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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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Davies v Davies [2012] EWCA Civ 1641

Application for permission to appeal a financial remedy order awarding the wife a lump sum of £2.2 million, recognising the wife’s contribution to the husband’s hotel business. Permission to appeal granted but appeal dismissed.

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B v A [2012] EWHC 3127 (Fam)

Wasted costs order against father’s solicitors following withdrawal of application by father for return of child to the United States and the execution of a location order in respect of the child.

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Re J (Children) [2012] EWCA Civ 1511

Applications for permission to appeal (1) an order under the Hague Convention for return of children to Spain and (2) the refusal to grant the children party status within proceedings to enforce the order.

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O (A Child) [2012] EWCA Civ 1576

Appeal of grant of leave to remove to Ireland – consideration of whether the child, aged 9, should be joined as a party in the appeal, or whether her updated wishes and feelings should be sought and reported on by the Cafcass High Court team.

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M (A Child) [2012] EWCA Civ 1580

Appeal against fact-finding where the judge had found that one of the parents had caused injury to the child and the other had failed to protect, but could not say which parent had caused the injuries.

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J (Habitual Residence) [2012] EWHC 3364 (Fam)

Decision as to the habitual residence of child subsequent to the father’s application for parental responsibility order, orders under the inherent jurisdiction and a declaration of parentage.

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Re I (Habitual Residence) [2012] EWHC 3363 (Fam)

High Court application for residence and prohibited steps orders and orders under the inherent jurisdiction. Judgment on the preliminary issue of habitual residence to determine the jurisdiction of the court.

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Re K (Children) [2012] EWCA Civ 1549

Appeal concerning the jurisdiction of the court to make sequential orders under Section 37 and 38 Children Act 1989 within private law proceedings. Secondary issue of judicial bias also considered. Appeal dismissed.

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