Case Summaries

The Court of Appeal allowed the mother’s appeal against findings of fact made the judge in care proceedings in respect of W, an infant girl.

This case came before Ms Justice Henke in the High Court. It concerned an appeal against a Child Arrangements Order made in November 2023 in relation to two children; ‘HA’, who is 12, and ‘SJ’ who is 9. The hearing was in open court, subject to a Transparency Order.

This case came before Mr Justice Poole in the High Court, it concerns an application seeking permission for the claimant to bring contempt proceedings against the defendant under section 12 of the Administration of Justice Act 1960 on the basis the defendant had shared confidential information relating to child arrangement proceedings.

This case was before Mr Justice Moor in the High Court. The judge was conducting a fact-finding hearing in relation to cross-allegations of domestic abuse.  The proceedings took place in the context of the father (referred to as ES) applying for contact of the two subject children, pursuant to an application under Article 21 Hague Convention 1980. 

This case concerned inherent jurisdiction proceedings which were before HHJ Middleton-Roy acting as a Judge of the High Court in April 2024.

This case concerned an application within Hague Convention proceedings by “R”, the step-father of “D” (14) and “K” (9). R applied for a) leave to withdraw his application for summary return of the children to New Zealand, where he resides, and b) recognition of rights of parental responsibility which he says were gifted to him in New Zealand under Article 16 of the 1996 Hague Convention. Richard Todd KC gave his permission for R to withdraw his application, but dismissed R’s application under Article 16.

In a case where both parties failed to provide full and frank disclosure, Recorder Rhys Taylor delivers a considered and structured judgment in which he makes an order for division of a UK property 64/36 in the husband’s favour.  No costs ordered where ordered and the court ultimately found that the “poor behaviour on each side is symbiotic.”

Appeal by father against an order for no direct contact is dismissed. Prior to the decision under appeal the father had been having regular, supervised contact with the child. This decision highlights the fine balance between upholding direct contact and preserving the stability of the placement of the child with the primary carer in the context of a relationship marked by Domestic Abuse and volatility.

This was Father’s application for a Child Arrangements Order following Mother’s unilateral decision to re-locate with the children from Surrey to Buckinghamshire

On 2 April 2024 Nicholas Allen KC, sitting as a Deputy High Court Judge gave a judgment in an application under Schedule 1 of the Children Act 1989.  The application was brought by a father, TK, against a mother, LK, in respect of their son, Child A. 

On 25th March 2024 Kate Grange KC, sitting as a Deputy High Court Judge, gave judgment in a fact finding hearing within private children law proceedings. The Judge was concerned with 2 children, E aged 11 and F aged 5. E was undergoing an assessment for Autism and has a neuro processing disorder.

This case concerned an application by Y and Z for a declaration of parentage under s55A of the Family Law Act 1986 (“FLA 1986”) relating to their child V who was conceived at a licenced fertility clinic (“the Clinic”) with donor sperm.

HHJ Willans determined the outcome of financial remedy proceedings, which was predominantly shaped by the parties’ needs.

Sir Andrew McFarlane P determines an application to set-aside a final divorce order applied for by mistake by solicitors via the portal.

This was a contested final hearing in respect of the Applicant’s application for financial provision the child, referred to a ‘child C’ under Schedule 1 of the Children Act 1989.

On 15th March 2024, Mrs Justice Theis handed down judgment in this case following a hearing in December. There were four parties to this case all of whom had slightly differing positions on the declarations being sought. The court ultimately granted the declarations.