Mother’s application for leave to permanently remove a five-year old child to France and father’s application for residence (subsequently amended to application for shared residence). A shared residence order was made and the mother’s application for leave to remove to France was refused.
Care Proceedings. Whether it is open to a judge conducting a fact finding hearing in Children Act proceedings to make a finding in general terms that it is probable a party has behaved towards and touched a child in an inappropriate sexual manner. Appeal dismissed.
Ancillary relief. The significant issue at trial and on the first and second appeal was whether the former matrimonial home ought to be transferred into the occupier wife’s sole name in preference to sale and receipt of the proceeds of sale. Appeal allowed.
Appeal and cross appeal in proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). The court considered whether the failure of a mother to make any provision for her adult daughter from whom she had been estranged for 26 years was reasonable provision under the Act.
Application by a mother for the return of her twin children from Cameroon to England and Wales.
Judicial review proceedings brought on behalf of 15 year old by her grandmother as her litigation friend against the local authority. The proceedings concern the status of A and whether A was a child in need or a looked after child.
Appeal by way of case stated from a decision of justices to acquit on a charge of failure to comply with an information request under s. 14A (3) Child Support Act 1991. Held: Appeal allowed. The justices had come to an unsustainable conclusion. Once the claim had been substantiated the justices had been wrong to find that protecting another from the possibility of facing criminal charges could constitute reasonable excuse for failure to provide the information requested.
Appeal against an order requiring, against their wishes, the adopted parents of a child to send to the child’s natural parents an annual photograph. Appeal allowed.
Cohabitants’ property dispute. The principal issue at trial and on the first and second appeals was whether and, if so, to what extent the equal beneficial interests of the co-owners had been varied after their separation. Appeal allowed.
Application in the Court of Protection for declarations relating to the medical treatment of a vulnerable adult lacking mental capacity. Declarations granted.
Appeal by a wife against an order in a big money ancillary relief case.
Renewed application for permission to appeal against placement order. Application granted.
Application for permission to appeal against a refusal to return children to the Republic of Ireland under the Child Abduction and Custody Act 1985. Application refused.
A dispute concerning the appropriate forum for divorce proceedings. Consideration of whether Brussels II Revised and/or the judgment in Oswusu prevented the English Court exercising its discretionary jurisdiction to stay English divorce proceedings.
Ancillary relief case where the principal issue was the extent to which substantial post-separation income should be brought into account in assessing the wife’s award.
Claim for judicial review of decision not to accommodate claimant under Children Act 1989 section 23C. Claim failed.
