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Appeal and cross appeal against findings of fact within care proceedings. The Court of Appeal allowed the Mother’s cross-appeal, set aside the judge’s finding that the mother and the father should be consigned to a pool of possible perpetrators of injuries sustained by the child in December and substituted a finding that the father was the perpetrator of the injuries.
Consideration of the appropriate order where a local authority sought to place a child pending final hearing where his father lived in Turkey.
Appeal by father in care proceedings against refusal by the judge to set aside findings of fact following recusal by the judge. Appeal allowed.
Following delay in the judgment in a complex child care application, the judge delivered an extempore judgment which after representations by counsel seeking leave to appeal, was supported by a further “supplemental” judgment. The Court of Appeal held that the judgment was deficient and that the judge should have composed a written judgment in this case. Permission to appeal granted and appeal allowed.
Applications in the Court of Appeal relating to a permission to appeal the refusal to continue an injunction concerning the disclosure of confidential information pertaining to the parties’ personal and business relationship. No order made.
An expert specialising in forced marriage and “honour violence” cases was satisfied that A wished to regularise her marriage. Consent order duly approved. The President stressed the importance in such cases, of a suitable expert meeting with the person subject to the proceedings to enable the court to make a realistic assessment, pursuant to section 63A (2)Family Law Act 1996, and emphasised the importance of independent representation.
A US commercial surrogacy agreement case where Hedley J gives reasons for making a Parental Order pursuant to Section 54 of the Human Fertilisation and Embryology Act 2008 in favour of the applicants in respect of a child known as L.
Care proceedings: Appeal of a refusal by a Recorder to set aside findings and conclusions of a fact-finding hearing in circumstances where the Recorder had a current professional relationship with the guardian. Appeal allowed.
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.
