Case Summaries

Two linked cases in the Court of Protection. Declarations made that neither patient was being deprived of their liberty.

Application under Schedule 1 to Children Act 1989. Father raised arguments under Brussels I, partially accepted. Application refused.

Cohabitation dispute: The issue on appeal was whether or not the presumption of undue influence was successfully rebutted, and if not rebutted what the consequences are as regards setting aside transactions.

Private law children. An application by mother to relocate to a non Hague Convention country, Indonesia, together with father’s application for shared residence. Permission to relocate refused since mother’s proposals were incompatible with the child’s welfare. Shared residence ordered to reflect the reality of arrangements but over and above that the quality of the relationship between the father and the child, and his commitment.

An appeal in the context of proceedings under the Inheritance (Provision for Family and Dependants) Act 1975. Appeal dismissed.

Appeal by father against an order that provided for a child to be ‘cared for’ by him at various days and times. Appeal allowed.

Application by local authority to withdraw from proceedings, under FPR r 4.5, for interim care of three children. Local authority ordered to contribute to the costs of the parents.

Appeal against a fact finding decision arising in private law residence and contact proceedings. Appeal allowed.

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.