Case Summaries

Application in the Court of Protection on behalf of A pursuant to s.21A of the Mental Capacity Act 2005 to vary the terms of the standard authorisation approved by a local authority authorising the deprivation of A’s liberty at a nursing home.

Appeal by a mother against order for child’s return to the UK, and against declarations of habitual residence, wrongful retention, and rights of custody. Appeal successful and orders set aside.

High Court judgment in defended divorce proceedings on the questions issues of (i) whether as a matter of fact the parties had been married and (ii) if they were not married, whether as a matter of law a valid marriage could be presumed.

An appeal from the decision of the President, reported on Family Law Week as ES v AJ [2010] EWHC 1113. The President had found twins to be habitually resident in Cameroon and accordingly that he had no jurisdiction in respect of them. Appeal dismissed.

Court of Appeal. Consideration of the test to be applied by the court on an application by a mother to prevent the father of a legitimate child being informed of the existence of his child, when mother sought the child to be placed for adoption by the local authority.

Ancillary Relief: The treatment of pre-acquired wealth after a long marriage. Whether the assessment of a party’s needs can be informed by pre-marital property.

Consideration of whether s.31 Children Act 1989 threshold had been crossed where it could not be shown that a child’s injuries had been caused by his parents.

Appeal against findings of fact as to a transaction being at an undervalue in insolvency and related matrimonial proceedings. Permission to appeal unanimously refused.

Appeal by a local authority against the dismissal of a care order in circumstances where there was no proven fact in relation to the identity of the perpetrator of non-accidental injuries. Appeal dismissed and permission to appeal refused.

Court of Appeal: the Court should ensure that all avenues have been exhausted before concluding that contact should be terminated. In difficult cases the attendance of the CAFCASS officer may be required even if it leads to an adjournment; it may be helpful for the child to be separately represented.

Appeal to set aside transaction in ancillary relief proceedings. Permission to appeal refused.

Court of Appeal. Appeal against the setting aside of transaction on the grounds that it was an attempt to defeat the wife’s claim in ancillary relief proceedings. Appeal dismissed.

Application for contact by a father who had murdered the child’s mother. Application refused, and s.91(14) order made.

Appeal in care proceedings by mother against fact finding that she should be included in pool of possible perpetrators. Appeal allowed.

Unsuccessful appeal from the order of Parker J sitting in the Court of Protection as to whether arrangements for a 19 year old with a mental age of two and a half, and for an 18 year old with a mental age of 4 to 5, amounted to a deprivation of liberty and whether the arrangements engaged Article 5 of the European Convention on Human Rights.

Appeal of decision to dismiss a wife’s originating summons seeking leave to make an application under Part III of the Matrimonial and Family Proceedings Act 1984 for an order for financial relief from the husband, following a divorce in Germany. Appeal unanimously allowed.