Case Summaries

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EN (A Child) [2007] EWCA Civ 264

Appeals by paternal grandmother against refusal to grant her special guardianship order over the grandchild she had been caring for over three years, an order placing the child for adoption and refusal to make an order for contact. Appeals dismissed.

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S (A Child) [2007] EWCA Civ 267

Appeal by father against an order that provided for contact between the maternal grandmother and his child, the mother having died soon after the child’s birth. Appeal dismissed

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Hammerton v Hammerton [2007] EWCA Civ 248

Appeal by husband against a committal order for breach of undertakings and contempt of court concerning, among other things, contact with the ex-wife and her relatives. Appeal allowed.

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S (Children) and W (A Child) [2007] EWCA Civ 232

Reasons given for allowing permission to appeal care orders. The orders had been stayed and a rehearing directed.

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London Borough of Southwark v D [2007] EWCA Civ 182

Appeal by a local authority against a decision that they had to pay for the child’s accommodation and maintenance while she was being looked after by a friend of the father. Appeal dismissed.

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L (A Child) and H (A Child) [2007] EWCA Civ 213

Application for permission to appeal an order that refused a request for a residential asessment of a child under s. 38(6) of the Children Act 1989. Appeal allowed and order set aside.

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L (A Child) [2007] EWCA Civ 196

Appeal by maternal grandparents, who had been made special guardians of a child, against orders that prevented them from changing the child’s surname and gave varying degrees of contact to both the mother and the father of the child. Appeal on surname dismissed but other appeals allowed to a limited extent.

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Bentinck v Bentinck [2007] EWCA Civ 175

Appeal by husband against directions in ancillary relief proceedings where there was dispute as to whether the Swiss or the English courts were first seised. Appeal allowed and directions set aside.

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E v E [2007] EWHC 276 (Fam)

Application by father for summary return of two of the four children of the marriage to Australia, where he had relocated, on the grounds that the mother had unlawfully retained them in the UK. The application was refused.

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D v D & B Ltd [2007] EWHC 278 (Fam)

Application for ancillary relief where the husband was sole shareholder of a non trading holding company that owned several other companies and had offices in the basement of the matrimonial home. Both parties were seeking a clean break but no order was made.

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JE v DE [2006] EWHC 3459 (Fam)

Application by wife seeking a declaration that a County Council had deprived her husband of his liberty under Article 5 and of the right to family life under Article 8 of the ECHR. Munby J found that the husband had been deprived of his liberty.

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R (Children) [2007] EWCA Civ 139

Reasons given for dismissing appeal by a maternal grandmother against decision to dismiss her applications for residence or special guardianship of three grandchildren.

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W (A Child) [2007] EWCA Civ 102

Judgment giving reasons for allowing an appeal by mother against care orders in a case where it had been found that the child was suffering, or likely to suffer, significant harm. The care order was set aside and an interim care order granted in its place

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J (Children) [2006] EWCA Civ 1897

Application by mother for permission to appeal, with appeal to follow, orders allowing the father to relocate to Bulgaria with two children, aged 15 and 11. Permission granted but appeal dismissed.

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A (Children) [2007] EWCA Civ 110

Renewed application by parents for permission to appeal findings of fact that they had neglected and physically abused their children. Application dismissed.

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S (A Child) No. 2 [2007] EWCA Civ 90

This is an addendum to the judgment in S (A Child) [2007] EWCA Civ 54 and concerns whether the local authority should be required to file a report under s14 of the Children Act.

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