Case Summaries

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.

Wife’s application for permission to appeal Charles J’s order within ancillary relief proceedings.
Permission to appeal on specified grounds granted with judicial encouragement to resolve the matter by court-led mediation.

Appeal against care and placement orders by a young mother who had a close relationship with her two children. The Court concluded that living at the maternal grandparents’ home was likely to cause emotional harm to the children but that it was not practical for the mother and children to live alone. Appeal dismissed.

Judgment explaining orders made at earlier hearing including orders re welfare of child, transition plan, injunctions, blocking/unblocking funds and directions re committal application.

Proceedings in the Court of Protection under Mental Capacity Act 2005 as to capacity to make decisions about (1) where adult should live; and (2) what contact she should have with members of her family. Held that she did not have capacity.

Interlocutory appeal and cross-appeal in ancillary relief proceedings relating to Hildebrand rules. Order upheld that W deliver obtained files to H’s solicitors (and retain no copies) and that W and her solicitors be restrained, at least for the time being, from using any information they might have gained from reading the files.

Whether it is permissible to serve documents initiating divorce proceedings on a Sunday and the effect, if any, of Sunday service on the court’s jurisdiction under Brussels II Revised.

Appeal by mother against care and placement orders. Appeal allowed, interim care orders made, finding made of sexual abuse in respect of one of the children was set aside. Transfer to the High Court for directions.

Jurisdiction dispute concerning whether the court should recognise a decree of divorce obtained by the husband in Russia in breach of undertaking/Hemain injunction in England. On appeal, Singer J’s decision on public policy grounds, to refuse to recognise the Russian decree was overturned by the Court of Appeal.