Case Summaries

AB (A Child) [2012] EWCA Civ 978

Appeal in respect of the proper interpretation of Article 56 (placement of a child in another Member State) Council Regulation (EC) 2201/2003.

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G v G [2012] EWHC 1979 (Fam)

Application to set aside a parental order by virtue of procedural flaws and contending that, at the time of the order the mother had a concealed intention to separate and raise the child alone.

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B v B [2012] EWHC 1924 (fam)

Application by father that the court should reserve exclusive jurisdiction to itself where parties and children were all habitually resident in Dubai. Application dismissed.

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RK v RK [2011] EWHC 3910 (Fam)

Financial remedies case where the wife sought such provision from the husband that it could only be met if the trustees of trusts (of which the husband was but one of the beneficiaries) were to make resources available.

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H (A Child) [2012] EWCA Civ 913

Appeal by father against order in child abduction proceedings. Appeal allowed on the basis that the order was made as a result of a series of misunderstandings about the litigation history.

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JRG v EB [2012] EWHC 1863 (Fam)

Application by father under the Hague Convention in respect of his three sons, alleging that they were wrongfully retained in England, following an order by the French court granting residence to the father. Court declined to adjudicate the application.

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Gallarotti v Sebastianelli [2012] EWCA Civ 865

Dispute concerning a property held in one party’s sole name without a written declaration of trust and where there had been unequal financial contributions.

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Ezair v Ezair [2012] EWCA Civ 893

Appeal concerning a lump sum order in favour of the wife which had been inflated to include a substantial sum by way of a costs penalty for the husband’s litigation misconduct.

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A and S v Lancs CC [2012] EWHC 1689 (Fam)

Application, made by two brothers freed for adoption by Lancashire County Council in 2001, for a declaration that the council had breached the boys’ rights under Arts 8, 6 and 3 of the ECHR and the independent reviewing officer had breached their rights under Arts 8 and 6. Declarations granted.

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R (R and Others (Minors) ) v CAFCASS [2012] EWCA Civ 853

Appeal against dismissal of judicial review application contending that failure to appoint a children’s guardian in a timely manner constituted a breach of duty by CAFCASS and/or a breach of the children’s Human Rights.

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Hope v Krejci and Others [2012] EWHC 1780 (Fam)

Application before Mostyn J seeking to enforce the lump sum and costs order under the new procedure in rule 33.3 FPR 2010 and for restoration of adjourned application for variation of nuptial settlement.

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Re C [2012] EWHC 907 (Fam)

Proceedings consequent upon an unsuccessful application in the English court for the return of a child to Belgium under the Hague Convention 1980 and the subsequent decision by a Belgian court that the child should be summarily returned. Held that the Belgian order should not be enforced.

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HSE Ireland v SF (a minor) [2012] EWHC 1640 (Fam)

Judgment on an application brought by the Health Service Executive of Ireland under Article 20 of Brussels IIR in respect of SF, a girl aged 17, who had been placed into care at a young age.

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B (A Child) [2012] EWCA Civ 858

Appeal from a residence order made in favour of a paternal grandmother concerning a girl, aged almost 5 at the time of the appeal hearing.

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A Local Authority v a Mother, a Father and an Aunt [2012] EWHC 1637 (Fam)

At the conclusion of longstanding public law proceedings, C was adopted by her aunt who sought an order that the local authority should pay the costs of the aunt’s legal representation.

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Re E (Medical Treatment Anorexia) [2012] EWHC 1639 (COP)

Proceedings concerning capacity and continued medical treatment and whether it would be in the interests of a severely malnourished adult suffering from anorexia nervosa to be fed, forcibly, if necessary.

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