Case Summaries

Final Hearing of H’s Financial Remedy application.

When care proceedings conclude with a plan for the subject child be placed, or remain living, at home with their parent(s), careful consideration must be given as to what final orders, if any, should be made by the court i.e. whether there should be a care or supervision order.

This is an appeal of the judgment of HHJ Thain, following a lengthy fact-finding hearing in care proceedings relating to a child (“E”). The judge found that E’s mother was the perpetrator of injuries inflicted on E on 30 July 2021. The issue on appeal was whether the local authority’s failure to disclose a viability assessment and associated documents in relation to the paternal grandmother (“PGM”) meant the findings against the mother were wrong or unjust.

A judgment from Baker LJ in an appeal against proceedings brought by the mother under the inherent jurisdiction and reported in Re N and A (1996 Hague Convention: Article 13) [2023] EWCA Civ 623. The successful appellant was the children’s father. He now seeks an order for costs against the mother.

Fact-finding in a “long and tortuous” case of parental conflict

In financial remedies proceedings, where the wife had applied both to appeal and to set aside the final order, the High Court heard the appeal because of “a compelling reason” rather than “a real prospect of success”.

Appeal allowed against an order permitting separate representation of a 14-year old

This was an appeal against the order of Recorder Chandler KC dated 6 September 2022, in respect of periodical payments to be made by the Appellant to the Respondent for the benefit of the parties’ child, K.

This case concerns a successful appeal against findings of fact made against a mother that she caused injuries to her infant son, B.

The Court of Appeal considered an application for the Judge to recuse himself on the basis of apparent bias, made in a private law dispute concerning a young child, H.

Lord Justice Baker gave the lead judgment allowing this appeal against an order discharging an interim care order in respect of two children.

In considering a grandmother’s appeal against the refusal of leave to apply to revoke placement orders the Court of Appeal addressed two questions: whether the child was an automatic party to the leave application and whether the grandmother’s change of mind could amount to sufficient change in circumstances.

The court was concerned with the welfare of 3 children (aged 9, 7 and 5).  The father (“F”) sought the children’s return to Canada.  The mother (“M”) opposed return under the 1980 Hague Convention, relying on defences of acquiescence, grave risk of harm and the children’s views.  Additionally, the court had to resolve issues relating to wrongful retention and repudiatory breach.

Successful appeal against refusal to join Father without PR as party to care proceedings

Successful appeal against the making of Care Orders on the grounds of biased management of the Final Hearing by the Judge and a failure to conduct a clear and proper analysis of the welfare checklist, in particular change in circumstances

Dismissal of Father’s application for a ‘temporary return order’ under the Hague Convention, with rulings as to jurisdiction