Case Summaries

A successful appeal of appointment of male expert

On 2nd August 2024 in the Family Court at Bournemouth HHJ Simmonds made a Special Guardianship Order in favour of the Paternal Grandparents finding that the future risks to the child were such that it was in the child’s best interests to be removed from her parents and placed with the Paternal Grandparents. In addition, the Court made a 12 month Supervision Order as a ‘buffer’ for the Paternal Grandparents in managing contact arrangements as well as for support.

Appeal which was successful in arguing against permission for unsupervised Contact prior to a Fact-Find, but unsuccessful in appealing against an adjournment due to lack of a QLR

This was an application heard in the High Court. The court was concerned with the application under the inherent jurisdiction for the summary return of N (d.o.b. 09 November 2022), now aged 1 year 9 months, to Dubai in the United Arab Emirates.

Appeal by local authority against refusal of application for a placement order in respect of a 4-year-old child. Appeal allowed in a decision of Lady Justice Macur DBE, which reminds of the dangers of using Lady Hale’s phrase “nothing else will do”, as a hyperlink so as to bypass the need for a full welfare evaluation of all relevant factors. Additionally, where a judgment is so deficient in its reasoning, this cannot be remedied by way of seeking clarification; a rehearing would be necessary.

The President of the Family Division, Sir McFarlane P. allowed an appeal in a private children matter following a fact finding hearing as the trial judge had failed to properly focus upon the allegations of sexual abuse. The appeal was supported by the Child’s Guardian.

This was an appeal heard by Sir Jonathan Cohen sitting in the High Court. Mother (“M”) successfully appealed a transfer of residence order granted in private law proceedings by way of an interim care order in respect of her two sons, aged 10 and 7, on 05 June 2024.

This judgment arises out of a committal hearing heard before Mr Justice Cobb.

Competing applications were made for an order for sale in respect of a house and a yacht.

Successful application by Mother to set aside Wardship Orders seeking return on behalf of a LA in relation to a child who has never been in the UK, on the basis it ‘cuts across’ the statutory jurisdiction

This case summary considers the recent judgment of M v F & Anor – where the importance of the wishes and feelings of a child in exceptional circumstances fell into the more usual category of additional needs – but the Court first needed to grapple with the issue of whether the child had capacity for the court to place significant weight on those wishes and feelings.

This was an application made by the applicant (A) to extend his non-molestation order. The parties agreed to an extension on a no admissions no findings basis however, A wishes to speak out publicly about the proceedings and the evidence filed by each party. The respondent (R) opposes this.

The Court of Appeal (Lord Justice Peter Jackson giving the only judgment) allowed an appeal against HHJ Tolson KC’s refusal to make a placement order in respect of an 11-month-old girl, C.

Applications to permit publication of name of father in children proceedings, following findings of serious abuse against him. Applications granted. 

On 18 July 2024, DDJ Nahal-Macdonald gave the following judgment in a case concerning the effect of a pre-nuptial agreement signed by the parties in 2010.

Cusworth J makes observations on the practices and procedures when a child is overseas and fears being subjected to forced marriage or FGM and wants to return to this jurisidiction. He considered the existing guidance, the need for multi-agency cooperation and the respective roles of the High Court and Family Court.