Case Summaries

Sexual abuse fact finding: lessons to be learned.

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.

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.

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.

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.

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

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.

An appeal from a decision of Eady J refusing the continuation of an interlocutory injunction preventing the husband from dealing or parting with possession of any documents filed or served in Greek divorce proceedings, or from publishing any information from those documents. Appeal allowed.

Appeal by local authority against finding of homelessness under Part VII of the Housing Act 2006 because interim accommodation was inappropriate for child’s welfare. Appeal allowed.

Application by the wife for the extension of an ex parte freezing order against the husband’s assets. Cross-application by the husband for, amongst other matters, a discharge of the order. The order was discharged. Wife also ordered to obtain a discharge of a mirror order made in Switzerland.

Court of Appeal judgment in an international child abduction case considering whether an Article 13(b) Hague Convention defence required the court to conduct a full welfare enquiry.

Fact-finding. Allegations of sexual abuse to pre-pubertal child and the importance of compliance with the RCPCH Guidelines.

Appeal by father against an award under Schedule 1 to the Children Act 1989. Appeal partially successful.

Judgment in care proceedings as to whether there should be a fact-finding hearing into the father’s alleged involvement in the death of his child from a previous relationship, K, the father having been acquitted of murder or manslaughter in relation to the same allegations. Hedley J held that there should not be a fact-finding hearing.

Court of Appeal judgment concerning the granting of leave under s. 47(5) Adoption and Children Act 2002 for a parent to defend an adoption. Appeal dismissed.