Application for parental order under s 54 Human Fertilisation and Embryology Act 2008 in respect of twins conceived as a result of a surrogacy agreement between the Israeli applicants and a clinic in India. Issues as to domicile.
Application under the 1980 Hague Convention for return of a child to Spain in which the central issue was whether the child, P, was habitually resident in Spain.
Judgment of the President, sitting in the Court of Protection, concerning the question of the approach to be applied in an application for DNA testing of an adult lacking capacity to establish paternity of a third party.
Judgment of Mostyn J dealing with the procedure to be used when applying for permission to appeal a financial consent order and offering guidance on the court’s powers when determining such an application.
Application for a declaration under Family Law Act 1986 section 55(1)(c) that a second marriage ceremony in the UK, following a ceremony in the United States, was of no legal effect. Declaration granted.
High Court proceedings in which father sought to restrict the extent to which mother involved the child in the practice of her religion as a Jehovah’s Witness. Principles to be applied in cases relating to religious upbringing.
Proceedings relating to a child (A) retained in Poland by his mother. Father applied under Brussels II Revised seeking orders (a) making A a ward of court; (b) requiring that A be returned to this jurisdiction; and (c) in the alternative seeking contact. Held that the English court retained jurisdiction. Interim contact order made.
Application in the Court of Protection by the sister of an 68-year old woman to move her to a new nursing home and to remove restrictions on her contact. Application unsuccessful.
Appeal concerning the burden of proof to be applied when assessing the age of an applicant for the purpose of determining a local authority’s duties to him or her under the Children Act 1989. Held, dismissing the applicant’s appeal, that it was for the court to decide whether, on a balance of probability, the claimant was or was not, at the material time, a child.
Appeal against an occupation order which had been made under the Family Law Act 1996 (Part IV) excluding the Appellant from the rented property that he had shared for many years with the Respondent.
The maternal grandmother sought party status within care proceedings shortly before the final hearing because she sought to establish herself as primary carer for the three children subject to the local authority’s applications.
Final judgment in High Court of application by wife for financial orders under Part III of the Matrimonial and Family Proceedings Act 1984, dealing with issues of material non-disclosure by the husband, the treatment to be given to a post-nuptial agreement and an application by a third party for a charging order absolute against the husband.
Court of Protection proceedings to determine whether the accommodation of a 45 year old man with an acquired brain injury in a local authority care home amounted to a deprivation of his liberty. Held, on a narrow balance, that he was subject to a restriction on his liberty rather than being deprived of it.
Costs dispute in relation to Court of Protection proceedings concerning a vulnerable adult. The judge ordered a departure from the usual no order for costs order rule applicable to such cases by virtue of the unusual circumstances of the case and the approach the local authority had taken.
Appeal from the Court of Protection. Deprivation of liberty. Circumstances when it can be said a child has been deprived of liberty.
Appeal against a financial remedy order by a district judge. Appeal allowed because insufficient consideration had been given to the existence of a marital settlement, the nature of the parties’ contributions and the length of the marriage.
