Committal proceedings following breach of orders as to Passports, notification of whereabouts to the Tipstaff and seeing children. Sentence of 18 months, suspended for two years imposed.
The Civil Procedure Rule Committee, the Family Procedure Rule Committee and the Criminal Procedure Rule Committee requested to harmonise the rules on embargoed draft judgments
The Court of Appeal dismissed appeals against the making of care orders for two children, B and C, aged 14 and 10, but allowed an appeal against care and placement orders in respect of their 2 year old sibling, D.
Poole J dismissed an appeal against determinations of fact made within private law Children Act proceedings concerning the welfare of the parties’ son. The Appellant mother alleged that during her marriage to the Respondent father, he abused her sexually, physically, psychologically, and emotionally, including by controlling and coercive conduct and that he was physically abusive to their son. After a three day hearing the Judge found none of the allegations proved.
A successful appeal against final orders made in care proceedings on the basis the trial judge’s reasoning was plainly inadequate.
In the High Court of Justice, Family Division before Mrs Justice Lieven on 18 April 2023 with Judgment being handed down on 9 June 2023.
Successful appeal against the dismissal of a father’s application in respect of his child on the basis that the court did not have jurisdiction.
An appeal heard by Mr Justice Mostyn in which the Appellant Wife argued that a draft consent order should be rejected because it was unfair.
There was a High Court decision in Financial Remedies proceedings not to approve a consent order for the wife to receive £95m, because there is an arguable case against the husband in Chancery proceedings which, if proved, will wipe out his assets. The Court of Appeal dismissed the appeal and upheld the decision of Peel J to adjourn the application generally.
The Court of Appeal refused a father’s appeal against a six month prison sentence for contempt in circumstances where he had breached High Court orders repeatedly and had made it clear that he had no intention of complying with them in future.
The case concerned a 5 year old girl (C). Applications for care and placement orders were made by Local Authority 1 (“LA1”), and she was made subject to care and placement orders in May 2018, aged 6 months. The final care plan proposed that there should be letterbox contact twice a year, and the District Judge approved the care plan.
This was an application to set aside the final order of DJ Davies dated 3rd November 1995. H was represented and W a LiP. This hearing was listed on the court’s own initiative to determine whether H’s application to set aside the order should proceed or be struck out.
Mr Justice McDonald hears a mother’s application to commit the father for contempt of court in return proceedings under the inherent jurisdiction. In doing so, he provides helpful summaries of both the applicable legal principles as to committal for contempt of court and the sentencing of a contemnor.
Permission to appeal an order granting financial relief after an overseas divorce, with obiter dicta on whether a party in breach of a Hadkinson order preventing him from taking active steps in proceedings until he has remedied ongoing breaches may be heard on appeal.
Decision of HHJ Hess in which a discrete compensation award was appropriate on the facts of the case.
Mr Justice Moor dealing with an application for financial remedies considers and applies the case law on special contributions and post-separation endeavour as justifications for a departure from equal division in a sharing principle case.
