Case Summaries

A 13-year-old boy’s application for permission to apply for variation of s8 orders is considered and refused by a circuit judge.

This matter came before Mr Justice Trowell and arises out of a dispute from a planned co-parenting arrangement between the parties. He considered the welfare of primary carers and what it meant for the welfare of the child involved.

This was a hearing in the High Court, conducted by Mr Justice Cusworth. The court was concerned with an application for permission to appeal an order dated 31 May 2024. The application also related to, if permission is granted, for the substantive appeal.

This was a hearing conducted by Sir Andrew McFarlane P. The full background of the matter can be considered in an earlier case summary, in respect of the judgment of 28 June – Re HR (Parallel Child Abduction and Asylum Proceedings) [2024] EWHC 1626 (Fam).

In this matter, Mrs Justice Theis was faced with an application for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 (HFEA 2008). There was cautious consideration of consent and public policy issues, described by the Court as another “cautionary reminder”.

In SD v MM [2024] EWHC 2593 (Fam), the High Court addressed the application of the 1980 Hague Convention on child abduction, specifically the Article 13(b) defence concerning “grave risk” of harm.

The Court of Appeal (Lord Justice Baker giving the only judgment) allowed an appeal against HH Judge Wicks’ refusal to make placement orders in respect of two siblings aged 3 and 2. This case is significant as it underscores the evolving judicial approach towards open adoption and the court’s role in setting the template for post-adoption contact

HHJ Vincent considered a couple’s French PACS (i.e. a French civil union) and whether their dissolution was valid and capable of acknowledgement under UK law.

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