Case Summaries

Application for costs against a local authority in care proceedings. Costs award granted in favour of the respondents but refused to the intervenor. Baker J summarised the applicable law.

Father applied for an order for the interim return of his 4 year old daughter after wrongful retention by the mother in Poland. Order granted.

Without notice application in respect of prospective wardship proceedings. Theis J’s judgment examines the principles that apply for without notice applications, and emphasises the need for written evidence justifying the application. The judgment has also been endorsed by the President of the Family Division.

Appeal by a husband against a final order in ancillary relief proceedings requiring the wife to pay him a lump sum of £5m on a clean break basis. Appeal dismissed.

Preliminary hearing to determine whether K, a 13 year old girl, would be allowed to attend the hearing of an application by her local authority to keep her in secure accommodation. Held that she should be permitted to attend. Procedure and determining factors considered.

Judgment on an application for costs against a local authority following a fact-finding hearing. The judgment should be considered along with the decision on the substantive issues, reported as [2011] EWHC 402 (Fam).

Reporting restrictions in Court of Protection proceedings: general guidance given as to the substantive and procedural issues arising.

Application by a freelance journalist, supported by the children’s mother, for permission to disclose the name of a medical expert in care proceedings. Application granted. The President considered what in the future should be the practice on questions of anonymity of experts and publications of their reports.

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.

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.

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.

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.

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.

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.

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

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