Case Summaries

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ML & AR v RW & SW [2011] EWHC 2455 (Fam)

Application for residence in relation to two girls conceived by IVF between two pairs of same-sex partners. Contact ordered, with review hearing listed.

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W (A Child) [2011] EWCA Civ 1196

An appeal from an order for committal for a term of imprisonment in the context of child abduction proceedings in which the father was already serving a sentence of imprisonment for breach of an earlier order.

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M (A Child) [2011] EWCA Civ 1125

Judgment in an appeal from a case management order concerning disclosure of medical evidence prior to a fact-finding hearing in care proceedings.

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S v AG (Financial Remedy: Lottery Prize) [2011] EWHC 2637 (Fam)

Claim for financial relief by husband in relation to assets that were the result of a significant win on the National Lottery by his former wife. Consideration as to whether such sums constitute matrimonial property.

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FG v MBW [2011] EWHC 1729 (Fam)

Application pursuant to Schedule 1 to the Children Act 1989 by mother for the benefit of an 11 year old son seeking a “top up” order for periodical payments, a lump sum order and a claim for a housing fund.

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M (A Child) [2011] EWCA Civ 1161

Appeal by mother and father in care proceedings following a refusal to order an extension of a section 38(6) assessment. Both appeals dismissed.

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KM v Lambeth London Borough Council [2011] EWCA Civ 1125

A father appealed an order prohibiting full disclosure to him of a psychiatric report on the mother in the course of proceedings in which she sought findings against him. Appeal allowed.

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D L & another v London Borough of Newham [2011] EWHC 2666 (Admin)

Order relating to the issue of costs and the return of a passport and other possessions in a long running case concerning a child.

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R (Quila and another) v Sec of State for the Home Dept [2011] UKSC 45

Supreme Court determined that the ban on the entry for settlement of foreign spouses or civil partners unless both parties are aged 21 or over, contained in paragraph 277 of the Immigration Rules, is not a lawful way of deterring or preventing forced marriages.

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H-K (Children) [2011] EWCA Civ 1100

Appeal against finding in Hague Convention proceedings that children’s habitual residence remained in Australia. Appeal allowed on the basis that the wrong test of habitual residence had been applied.

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G (A Child) [2011] EWCA Civ 1147

Appeal by mother of an order made at a review hearing, in which the judge varied a contact order to allow contact to be supervised by the father’s mother rather than at a contact centre. Appeal allowed.

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O v P [2011] EWHC 2425 (Fam)

Preliminary issue as to whether court had jurisdiction to hear proceedings under Schedule 1 to Children Act. Held that the court did have jurisdiction under the Civil Jurisdiction and Judgments Act 1982 and the Brussels Convention on the Jurisdiction and Enforcement in Civil and Commercial Matters 1968.

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Doncaster MBC v Watson [2011] EWHC 2498 (Fam)

Supplemental judgment in contempt proceedings substituting an order for the immediate and unconditional release of the contemnor in place of a suspended sentence.

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W v M and others [2011] EWHC 2443 (Fam)

Application to the Court of Protection for authority to withdraw artificial nutrition and hydration from a patient in a minimally conscious state on the basis of that patient’s previously expressed wishes and feelings. Application refused. Guidance given as to the approach to be taken by the Court of Protection in determining the ‘best interests’ of a patient in such a state.

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K (A Child) [2011] EWCA Civ 1075

Appeal of a contact order which had required the father to vacate accommodation for the purposes of facilitating contact by the mother and furthermore for him to go to Bulgaria with his daughter for contact by the mother during the half term school holiday.

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Doncaster MBC v Watson [2011] EWHC 2376 (Fam)

Application to purge a contempt of court. Prison sentence of 9 months suspended for 2 years.

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