Case Summaries

Consideration of the test to be applied for ‘internal relocation’, ie cases where the primary carer wishes to relocate within the United Kingdom.

Husband’s appeal against the assumption of jurisdiction by court in England where the wife had previously petitioned for judicial separation in Italy. Question raised as to whether the order of the Italian court which declared the wife’s petition void had the effect of bringing those proceedings to an end. Appeal dismissed.

Judgment in child abduction proceedings which raised two important issues:
(i) whether adoption of habitual residence should be voluntary; and
(ii) the effect of the recent decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Neulinger & Shuruk v Switzerland.

Care Proceedings: Fact finding hearing to establish whether six week old twin girls had suffered non-accidental injuries. Local authority failed to satisfy the court on the balance of probabilities that any of the injuries were non-accidental. Application dismissed.

The court considered the discharge of the burden of proof, unreliable expert evidence, the need for good quality photographs and for skilled representation in care proceedings

Appeal by the mother of two children and her civil partner against a shared residence order made in favour of the mother and the children’s father. Appellants sought the substitution of a joint residence order in their favour with contact to the father. Appeal refused.

A mother’s appeal to the Court of Appeal from a decision of the circuit judge to allow an appeal by a father against dismissal of his application for contact and the making of a s.91(14) order for the period of 1 year.

Court of Appeal held that the Child Maintenance and Enforcement Commission, is not a creditor capable of being bound by the individual voluntary arrangement of a non-resident parent who has failed to pay child support.

Claim in the Court of Protection arising from alleged breaches of the Human Rights Act 1998. Consideration of the COP’s jurisdiction to hear such claims and to award relief.

Application under CPR Part 8 for committal of the wife’s solicitor, who had disclosed financial documents from ancillary relief proceedings to the Child Support Agency. Application refused.

Care Proceedings: Fact finding hearing to determine the truth and extent of mother’s allegations of serious sexual abuse against the children’s father and other named men. Baker J found the allegations of sexual abuse to be untrue and identified a number of matters about care proceedings and the wider system of child protection from which important lessons can be drawn.

Private law children application for permission to appeal s.91(14) order. Permission granted limited to the duration of the order.

Child Abduction: Appeal of order for return of a 4 year old child to Estonia. Appeal dismissed with amendment by way of slip rule to duration of the order. Matter to return to a Family Division judge for implementation.

Application by a mother for permission to appeal an order which transferred the residence of her child to the child’s paternal grandmother. Permission refused.

Court of Appeal determined whether an ancillary relief judgment should be published when one of the parties had conspired to present a perjured case and, if it should (as in this case), the extent of any anonymisation or redaction.

Local Authority appeal against care orders and dismissal of applications for placement orders in relation to two children aged 5 and 3. Court of Appeal set aside care orders and the dismissal of placement orders, replacing them with orders adjourning proceedings with an interim 28 day care order.

Application under the Hague Convention 1980 for the summary return of two children abducted from Germany. Issues as to the representation, and party status of, children. Exercise of discretion in cases where siblings express distinctive wishes and feelings.