Leave given under s.28 of the Adoption and Children Act 2002, to remove a child who was subject to a placement order from the jurisdiction of the court and place her with relatives who lived in the USA, who, it was envisaged, would at a later stage apply to this court for a Convention adoption order in respect of that child.
TOLATA claim appeal. The significance of the parties having been engaged had not been taken into account. Furthermore, the first instance judgment had been unsatisfactory in a number of respects. Case to be remitted to the County Court for retrial on limited issues before a different judge with a stay execution of the order for sale.
Care Proceedings: Whether the conclusions of a psychological assessment ought to prevail despite the absence of history of any significant ill treatment or harm and indeed over positive empirical evidence that mother and father had been observed to be coping sufficiently. The judge was entitled to prefer the factual evidence. Appeal dismissed.
Assessment of age of claimant by reference to the Merton Guidelines.
Application for permission to appeal in ‘big money’ ancillary relief proceedings. Application dismissed.
Proceedings, concerning the alleged wrongful removal of children from Greece to England, under the Child Abduction and Custody Act 1985 and pursuant to Brussels II Revised and Hague Convention. Issue as to the jurisdiction of the court to make residence and contact orders. Held that the orders would be made under the court’s inherent jurisdiction.
Ancillary relief. Husband named beneficiary of discretionary trust funds. Extent to which those were “financial resources” available to him. Wife sought award of £6.5m; husband proposed award of £3m. Wife awarded £4.5m, and substantial contribution to costs.
TOLATA proceedings. Held that one property was not held in trust for the claimant but the claimant should receive some benefit by way of proprietary estoppel by virtue of contributions to renovations. The jointly owned investment property was (post severance of the joint tenancy) held as tenants in common subject to a trust that the claimant was responsible for all outgoings but entitled to income from it during his lifetime.
Transfer of residence ordered in January 2010. Attempts to implement the transfer failed. The father consented to indirect contact only. Review of the case and issues arising from situations where a child is ‘alienated’ from one parent.
Judicial review of local authority’s decision to cease support under the Children Act 1989 after the claimant turned 21. The local authority’s pathway plans were inadequate, it had failed to have proper regard to its own policy to grant discretionary support past the age of 21 nor had it considered its ability to act outside its policy in the particular circumstances of the case.
Application to determine the jurisdiction of the English courts to vary or discharge a contact order. Brussels II Revised. Held that the child’s best interests were served by the German courts having jurisdiction.
Unsuccessful appeal by Local Authority from Recorder’s order refusing interim care orders in relation to the two youngest (of four) children where the Recorder had granted interim care orders in relation to the older children.
Ancillary relief case involving an alleged third party TOLATA claim by a relative of the Husband. On appeal, the Circuit Judge had permitted oral evidence in support of the TOLATA claim. The Court of Appeal held that the Circuit Judge had been wrong to do so and in the course of the judgment reviews the law on admission of fresh evidence in appeals.
Father’s unsuccessful appeal to the Court of Appal against an order granting the Mother of their 7 year old daughter the right to permanently remove the child to the Czech Republic
Judgment in applications for ancillary relief (big money case) and to vary a post-nuptial settlement.
An appeal against an order made in September 2009 permitting a father to take a 7-year old child on holiday to France and/or Cameroon. Appeal allowed.
