Case Summaries

Application for extension of time and permission to appeal against a final financial order.

Final judgment of the ECHR sitting as a Chamber. Male couple complained that the legal impossibility of a same-sex couple marrying under Austrian law violated their right to respect for private and family life and the principle of non-discrimination. Held, rejecting the complaint, that there is no breach of Article 12 where marriage is available to two people of the opposite sex but not two people of the same sex.

Appeal relating to the calculation of child support for tax evading non-resident father: should he share the benefit of his tax evasion with his children? It was appropriate and fair that the tribunal should make a variation taking accout of the non-payment of tax and national insurance.

Husband’s appeal regarding procedural flaws during the hearing of his appeal against an order which had granted an extension of the term of a periodical payments order in favour of his former wife.

The husband had successfully appealed against an order extending the term of the periodical payments payable to his former wife. He went on to seek an order for costs.

Appeal by mother against refusal of an assessment under s 38(6) Children Act 1989. Appeal refused

Judgment in the High Court clarifying the procedure under the Family Procedure Rules 2010 when seeking permission to appeal district judge’s decision.

Fact-finding hearing concerning child with subdural haemorrhages and femoral fracture. Held that the cause of the subdural haematomas was one of unknown etiology and that the fracture had been caused accidentally.

Application for reporting restrictions preventing the press from publishing details of a family involved in care proceedings in respect of a child, whose mother had been arrested on suspicion of the murder of her two other children.

Appeal concerning SH, a child born in Afghanistan to an Afghan mother and a British father of Afghan origin. The father contended that the English courts did not have jurisdiction and that the hearing had been procedurally flawed.

Appeal against a paragraph recorded in the preamble to an order made within care proceedings to the effect that based upon certain established facts a finding of fact hearing was not necessary.

Judicial review proceedings in which the Official Solicitor, acting on behalf of four children as their Litigation Friend, sought a declaration that CAFCASS acted unlawfully and in breach of statutory duty by failing to allocate a children’s guardian "earlier than the respective date on which CAFCASS did so allocate a named guardian." Claim dismissed.

Appeals against two earlier decisions – one a judge’s decision not to adjourn and the second a sum awarded to the wife.

Application made pursuant to section 54 of the Human Fertilisation and Embryology Act 2008. Consideration of whether the court could make a parental order in favour of a deceased parent. Order granted.

Application by father for permission to appeal against order granting mother leave to remove children to Canada in circumstances where the parents shared the care of the children. Permission to appeal granted and appeal allowed. The court confirmed that in the circumstances of the case the approach in Payne v Payne was not appropriate.

Judgment of the President of the Family Division supporting the independence of guardians appointed to act for children in family cases: in the event of disagreement with CAFCASS, the views of CAFCASS management would not prevail but rather the competing positions should be put before the court for its consideration.