Case Summaries

This case was heard in open court by virtue of it being a committal hearing. The judge was Mr Justice Peel this was a hearing to consider a committal against F, by an application of M, in proceedings concerning a boy, referred to as ‘V’ who will be 5 years old in November.

Successful appeal by Mother against decision to allow progression of contact from supervised to unsupervised, owing to lack of opportunity to challenge the evidence and delegation of the decision to an ISW

Successful appeal against failure to identify perpetrator of injuries in care proceedings

This judgement by District Judge Dodsworth examines the legal principles relevant to raising conduct arguments in financial remedy proceedings.

District Judge Parker dismissed an application by the mother to reopen findings in care proceedings that were concluded in 2023, on the basis that she was unable to attend court due to the absence of an intermediary.

On 22 August 2024, Cobb J handed down judgement in committal proceedings brought by the maternal aunt (the applicant) against the defendant (the father of 6 children who were subjects of wardship proceedings).

The High Court considered F’s application for the summary return of the subject children (a boy aged five years old and a girl rising three years old) to Australia.

This was a costs judgment delivered by Henke J. 

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.