Case Summaries

R & another v A [2011] EWHC 1158

Application by child’s relatives to withdraw Children Act applications. Cross application by child’s father that the applications should be dismissed and a costs order made. The President permitted withdrawal of the application but ordered the relatives to pay the father’s costs on the basis of their conduct of the litigation.

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Re C (A Child) [2011] EWCA Civ 521

Appeal by mother relating to a contact order (which provided for indirect contact only until further order) and a s. 91(14) order, in circumstances where the mother had extensive mental health difficulties. The Court of Appeal unanimously dismissed the mother’s appeal.

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R (TG) v London Borough of Lambeth [2011] EWCA Civ 526

Successful appeal to the Court of Appeal against the decision of McCombe J sitting in the Administrative Court dismissing the appellant’s claim against the local authority for judicial review of its decision that he was not a “former relevant child” under s. 23C(1) Children Act 1989 and therefore did not owe to him the duties under that section. Appeal allowed. The appellant further sought damages but permission to proceed with the claim was not granted.

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Re N (A Child) [2011] EWHC 1156

Care proceedings case in which the subject child’s elder brother had died when he was a baby. The President determined that a fact-finding hearing to try to ascertain whether the elder brother’s death had been accidental or not would be disproportionate and would also be likely to be inconclusive.

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H (Children) [2011] EWCA Civ 529

Application for permission to appeal decision permitting mother to relocate to Canada with parties’ children. Payne v Payne considered by the Court of Appeal. Permission refused.

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Golubovich v Golubovich [2011] EWCA Civ 528

Application by wife in respect of security for costs in proceedings pending husband’s application for permission to appeal in ancillary relief proceedings. Rules and case law considered. Application granted in part.

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Re L (A Child – Media Reporting) [2011] EWHC B8 (Fam)

Fact finding hearing in care proceedings in which the judge comments on the media reporting of such proceedings.

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B (Child) [2011] EWCA Civ 509

Care proceedings: Appeal of refusal to grant permission to bring a contact order application following an open adoption. Appeal unanimously allowed

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Kent CC v A Mother [2011] EWHC 402

Sexual abuse fact finding: lessons to be learned.

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S (Children) [2011] EWCA Civ 454

Mother sought to appeal Circuit Judge’s decision of the granting the father’s application to remove the parties’ two boys (B aged 16 and a half and C aged 12) to live with him in Canada.
Appeal (which related to C) allowed.

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Legal Services Commission v F, A & V [2011] EWHC 899

LSC’S appeal from the decision of a costs judge of the Senior Courts Costs Office ordering the LSC to pay to the respondent and intervener in ancillary relief proceedings £495,000. Appeal dismissed.

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A Local Authority v A (No 2) [2011] EWHC 590

Disposal hearing considering placement of a child with severe and permanent brain damage with maternal grandparents who had not fully acknowledged the findings as to causation.

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IJ (A Child) [2011] EWHC 921

A surrogacy agreement case in which a Parental Order was made. Hedley J went on to emphasise the need for parties considering entering into such agreements to take legal advice covering both the host country and this jurisdiction.

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W (Children) [2011] EWCA Civ 345

Appeal by mother against refusal of permission to relocate out of the jurisdiction. Appeal successful.

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In the Matter of A and B [2010] EWHC 3824

Guidance for local authorities, family practitioners and the family courts to provide a framework for dealing with cases where one parent is killed by another.

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