Case Summaries

B V London Borough of Lewisham [2008] EWHC 738 (Admin)

Application for judicial review concerning the levels of financial support available to a special guardian under sections 14A – F of the Children Act 1989 and the Special Guardianship Regulations 2005. The local authority’s scheme was held to be unlawful.

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A Local Authority v M (Funding of Residential Assessments) [2008] EWHC 162 (Fam)

Application by mother in care proceedings seeking a residential assessment for her and her child. Application allowed.

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Behzadi v Behzadi [2008] EWCA Civ 399

Application by wife for permission to appeal orders in ancillary relief proceedings. Application allowed but only on amended grounds as suggested by the court.

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Fowler v Barron [2008] EWCA Civ 377

Appeal against finding that the appellant had no beneficial interest in a property in which she cohabited with her unmarried partner for seventeen years. Appeal allowed.

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Leeds City Council v YX & ZX (Assessment of Sexual Abuse) 2008 EWHC 802 (Fam)

Judgment arising from fact finding hearing involving allegations of sexual abuse.

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S (A Child) [2008] EWCA Civ 365

Appeal against case management decision in public law proceedings that had the effect of allowing unproven allegations of sexual misconduct to be presented to an expert in the trial bundle. Appeal allowed.

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Re K [2008] EWHC 540 (Fam)

Applications by local authority to, among other things, discharge an order requiring that the mother of an infant should take part in a residential assessment and requesting an order preventing contact between the mother and her infant son. Applications allowed.

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M (Children) [2007] EWCA Civ 1550

Application by mother for permission to appeal, with appeal to follow, a section 91(14) order preventing the mother from making application for educational assessments of her children without permission of the court. Application and appeal allowed.

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Hall v Hall [2008] EWCA Civ 350

Application for permission to appeal a second time in ancillary relief proceedings. Application allowed.

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B-G v B-G [2008] EWHC 688 (Fam)

Application under the Hague Convention by father for summary return to France of his two children. Application dismissed.

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London Borough of Ealing v KS & Ors [2008] EWHC 636 (Fam)

Applications by local authority seeking declarations that a vulnerable adult lacked capacity, among other things, to marry; consent to medical treatment; have sexual relations or decide her place of residence.

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L (A Child) [2007] EWHC 3404 (Fam)

Judgment in care proceedings concerning removal of a child under an interim care order where the mother was seeking a second residential assessment away from the potentially harmful father. A second residential assessment was allowed.

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A Council v B [2007] EWHC 2688 (Fam)

Further judgment following fact finding proceedings identifying the judge’s concerns with the standard of proof in such cases. The case is now to go to the House of Lords.

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D v S [2007] EWHC 363 (Fam)

Applications under the Hague Convention, brought by the father, and the Children Act 1989 , brought by both mother and father, concerning the residence of their son. The father was given permission to return with the child to Mexico.

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D & D v SMH [2008] EWHC 559 (Fam)

Appeal by a firm of solicitors against a wasted costs order arising from ancillary relief proceedings. Appeal allowed and order set aside.

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AF v M B-F [2008] EWHC 272 (Fam)

Application by father for summary return of two children to Poland under the Child Abduction and Custody Act 1985. The judge exercised his discretion to refuse the application.

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