Case Summaries

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IN v CH [2024] EWFC 233

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

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D, Re (Wardship: Jurisdiction: Cutting Across Statutory Schemes) (Rev1) [2024] EWHC 1658 (Fam)

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

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M v F & Anor [2024] EWFC 219 (B)

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.

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G v S (FLA 1996/Publicity) [2024] EWFC 231 (B)

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.

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D-S (A Child: Adoption or Fostering) [2024] EWCA Civ 948

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.

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Hannah Summers & Anor v Kristopher Paul Arthur White & Ors [2024] EWFC 182

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

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NM v PM [2024] EWFC 199 (B)

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.

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MAS v ZK & Ors [2024] EWHC 1939 (Fam)

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.

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AA v ZZ [2024] EWHC 2008 (Fam)

A highly unusual, and extraordinarily complex, fact-finding hearing before Mrs Justice Arbuthnot in which the perplexing issue for determination was whether any children existed.

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A v M & Ors [2024] EWHC 2020 (Fam)

Hayden J summarises the law on parental responsibility for step parents and given reasons granting the order for one step-child but not the other.

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FZD v MQB (summary return from Scotland) [2024] EWFC 205 (B)

The court was concerned an application submitted by the father seeking the child’s summary return to England from Scotland. The mother to the proceedings was born and raised in Scotland and the father was born and raised in England.

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W & Ors (Implementation of Adoption Plan Pending Appeal) [2024] EWCA Civ 837

The Court of Appeal gave a judgement setting out what should be done if there was an appeal pending against a placement order and criticising the local authority for its conduct in arranging farewell contact and despite a stay matching the children with adopters.

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P v Q & F (Child: Legal Parentage) [2024] EWCA Civ 878

This appeal concerns the legal parentage of X. When X was born her birth certificate was registered to reflect that P was X’s legal mother and Q was her second legal parent. Q was P’s wife at the time X was conceived. It was never in dispute that F is X’s genetic father.

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MC v FG (Relocation) [2024] EWFC 204 (B)

This hearing, conducted by HHJ Vincent, addressed a relocation application.

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Re: A & I (Children: Appeal: Relocation & Joint Lives-With Orders: Fresh Evidence) [2024] EWHC 1824 (Fam)

This appeal serves as a reminder to PD12J paragraphs 36 and 37, the law in relation to appeals & admitting fresh evidence at an appeal.

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Re BC (Child in Care: Change of Forename and Surname) [2024] EWHC 1639 (Fam)

This was a decision which allowed a Gillick competent 15-year-old who is subject to care order to change both her forename and surname.

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