This case summary reflects on the recent judgment which considers the interplay of a mother’s complex mental health history with contact and welfare considerations in respect of her four children (aged 14, 13, 11 and 9) within private children law proceedings.
A successful appeal from an order by a circuit judge, which had extended a father’s contact from indirect to direct despite serious findings of domestic abuse.
As outlined in the previous judgment summary, the court was concerned with an appeal from the Lay Bench. The appeal was refused.
This judgment deals with a question relating to an appeal (part 1 of the judgment) from the Lay Bench (paragraph 1). The appeal was conducted via submissions, with no additional evidence.
R (Child Abduction: Parent’s Refusal to Accompany) [2024] EWCA Civ 1296 concerned the application of the 1980 Hague Convention on child abduction, particularly regarding Article 13(b) and a parent’s refusal to accompany a child on return. This case highlights the careful balancing act within Hague Convention cases, particularly regarding a parent’s assertions and the assessment of evidence.
Sir McFarlane P. considered an application by the applicant father for the return of two children aged 11 1⁄2 and 9 1⁄2 pursuant to the 1980 Hague Convention to the United States of America.
Successful application for Declaration of Parentage by adult son in relation to deceased putative Father
Unsuccessful application relating to posthumous use by Mother of her deceased daughter’s eggs
This was an appeal by mother from order that child’s surname be changed from that of her mother to that of both her mother and father. The appeal was allowed by Mrs Justice Judd.
This hearing was a rehearing of father’s application to change children’s residence. It was ordered that children should reside with father. Proceedings were heard by Mr Justice Hayden in the High Court.
This was a contested dispute concerning the 1980 Hague Convention application in the High Court. The mother applied for a summary return of the child to Singapore and the father’s defences were rejected. As such, a return order was made.
This was a sentencing judgment following the committal judgment / findings which were published separately in a reported judgment of: Samira Addou v Sidali Bennabi [2024] EWHC 2702 (Fam). The judgment sets out the background to the committal.
This was a financial remedy hearing where the former matrimonial home was in the sole name of the husband who had been declared bankrupt. This was a unique case because the family court had to resolve issues of beneficial ownership between a divorcing couple.
Lieven J refused a mother’s application to reopen a fact-finding judgment
Care proceedings issued following concerns over domestic abuse and alcohol misuse. Care order made and child placed with maternal grandparents in Poland.
This case concerned the financial remedies proceedings arising out of the divorce between RN & TT
