Case Summaries

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

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.