Case Summaries

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De L v H 2009 EWHC 3074 (Fam)

Hague Convention application by Portuguese mother for return of 13 and a half year old son. The President refused the application.

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H (Children) 2009 EWCA Civ 1293

Parents with a history of drug abuse appealed against a county court order refusing their application to revoke placement orders in respect of their two sons. Appeal refused –the county court judge had acted within the limits of the very broad discretion he had in such a case as this.

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Cart (R on the application of) v Child Maintenance Enforcement Commission 2009 EWHC 3052 (Admin)

A preliminary issue as to whether the judicial review jurisdiction of the High Court extended to decisions of the Upper Tribunal concerning the decision of the UT to refuse permission to appeal to itself, against a decision of the First-tier Tribunal (“FTT”) relating to child maintenance payable by the claimant. Application dismissed.

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O v L, I and Orkney Island Council [2009] EWHC 3173 (Fam)

Application for a special guardianship order under the Children Act 1989, s 14A. In a dispute as to which local authority was responsible for producing a report under section 14A(8), it was determined that the obligation lay with Cambridgeshire County Council in whose locality the child now resided.

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A Local Authority v M & M (by their guardian) & Ors [2009] EWHC 3172 (Fam)

Application by mother and guardian in care proceedings to discharge father from the proceedings in a case where the father does not know the whereabouts of the mother and the children. Application allowed.

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AW (A Child) (R, on the application of) v London Borough of Croydon [2009] EWHC 3090 (Admin)

Claim seeking judicial review of an age assessment decision for the purposes of determining the applicant’s eligibility for support from the local authority under the Children Act. Claim dismissed.

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GJ v The Foundation Trust & Ors [2009] EWHC 2972 (Fam)

Judgment arising from Court of Protection proceedings and deprivation of liberty for the purposes of providing treatment to the subject.

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N (A Child) [2009] EWHC 3055 (Fam)

Judgment arising from a guardian’s application for a s.91(14) orders against both parents following litigious contact and residence proceedings. An order was made for four years.

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W & M (Children) [2009] EWCA Civ 1278

Application for permission to appeal, with appeal to follow, refusal to allow a s38(6) residential assessment in care proceedings. Application granted but appeal dismissed.

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R (on the application of A) v London Borough of Croydon: R (on the application of M) v London Borough of Lambeth [2009] UKSC 8

Appeals against age assessments by local authorities for the purposes of establishing duties under s20 of the Children Act 1989. Appeals allowed.

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I (A Child) [2009] UKSC 10

Appeal concerning whether an English court has jurisdiction to determine the future level of contact between a child and his mother where the child does not habitually reside in an EU Member State.

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Miller-Smith v Miller-Smith [2009] EWCA Civ 1297

Appeal by wife against an order to sell the matrimonial home with vacant possession made under TOLATA proceedings. Appeal dismissed.

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J (A Child) [2009] EWCA Civ 1210

Appeal by mother against refusals to allow further assessment of her capacity to care and to allow her McKenzie Friend to represent her in the final hearing. Appeal on second point allowed.

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M (Children) [2009] EWCA Civ 1216

Application by father for permission to appeal, with appeal to follow, refusal to adjourn contact proceedings as the father was not fit to give evidence on the day. Application granted and appeal allowed.

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B (A Child) [2009] EWCA Civ 1243

Application for permission to appeal, with appeal to follow, refusal to adjourn care proceedings so an intervenor could prepare their case properly. Application and appeal allowed.

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