Case Summaries

Mostyn J considered the appropriate approach to applications for stay when the permission to appeal application is yet to be dealt with.

Moor J made an award in W’s favour to meet her reasonable needs after upholding the validity of French marriage contract.

Knowles J (the lead judge on domestic abuse) considers how the Family Court should approach issues of consent and complainants’ sexual history and related procedural issues in fact-findings under PD12J in two appeals by mothers which were heard together. One appeal was allowed and the other dismissed.

The case concerned an appeal against a case management decision taken by a lay bench at a final hearing in a private law children’s matter to not permit cross-examination or hear oral evidence from the parents, and only to permit oral evidence from the CAFCASS officer. The mother appealed this decision.

This was an appeal against an order permitting the parties to instruct a female ISW to do a s7 report. The appellant father (F) suggested that the assessment should be carried out by a male social worker, and that the order made was an infringement of his human rights.

In G v G Peel J considered whether the legal test set out in Haley v Haley [2020] EWCA Civ 1369 applies to a challenge to an arbitration determination made in a dispute about children as in a challenge to an arbitration award made in a financial remedies dispute, and, if so, whether the A v A [2021] EWHC 1889 guidance applies.

Peel J dismissed H’s application for a freezing order against W where there was no evidence of an intention by W to defeat H’s financial claim.

Application to remove the mother as a party to Convention adoption proceedings

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.