Case Summaries

An application for a Declaration of Parentage where the proposed parent was deceased

This Court of Appeal decision concerned the extent of the right to appeal from the registration in England and Wales of a foreign child maintenance order. Both parents appeared in person and the Lord Chancellor intervened.

The Upper Tribunal refused a mother’s (“M”) application for permission to appeal the decision of the First-Tier Tribunal holding that the secretary of state has jurisdiction to make a maintenance calculations where a maintenance order had been in force for over 12 months.

A final hearing in which Mostyn J determined the implementation of a Pre-Nuptial Agreement (PNA) which had been varied after marriage. He also made orders for child support £23100 pcm. for each child, plus school fees and a maximum of £100000 p.a. to pay for nannies. Payments were to be secured by bank guarantee.

Mostyn J considered W’s appeal against a final financial remedies order made by HHJ Farquhar. The appeal was allowed on two grounds (grounds 2 & 3).

This case concerned the applicant husband’s application to set aside a pension sharing order further to his ex-wife’s death. Consideration was given to the “hybrid” nature of pensions and whether a spouse’s death would satisfy the “Barder” test in respect of a pension sharing order.

This was a desperately sad care case concerning three children, P (14), Q (8) and R (6). AB was their mother and step-mother. She had been murdered by her husband, CD. He was sentenced to serve a minimum of 18 years before being eligible to be considered for parole. The children had been in foster care under ICOs since CD had been arrested.

Successful application for parental orders for twins born in Georgia.

The Court of Appeal held that notwithstanding the Court would not recognise the validity of the transnational divorce in respect of the wife’s first marriage her subsequent marriage was valid and her second husband was not entitled to a decree of nullity. The effect of s45 Family Law Act 1986 considered.

Summary of Judgment delivered on 12 October 2022 by Mr Justice Poole This case revolves around a child, J, who is a 13 year old girl with complex needs. She was made the subject of an interim care order on 20 July 2022 in favour of Manchester City Council (“MCC”).

The Court of Appeal allowed the father’s appeal in respect of a fact-finding judgment of a CJ. The proper approach in cases with a pool of perpetrators was considered.

In this judgment (in which a DOLs order is extended to the child’s 18th birthday, and a parents’ application to discharge a care order is refused), it is the Court’s commentary on the legal aid situation that is noteworthy. The parents were forced to represent themselves for 4 days of evidence at a final hearing, because they were £36 over one of the Legal Aid Agency limits.

Judgment considering the conduct of a party which amounted to the court, of its own initiative, proceeding with contempt proceedings.

This case concerned J, a 13-year-old girl diagnosed as having Autistic Spectrum Disorder and Attention Deficit Hyperactivity Disorder, who had complex needs and who was the subject of an interim care order.