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The CA allowed an appeal against an order by a Deputy High Court Judge for the return of three children to Spain; the judge was wrong to refuse to hear oral evidence on consent and wrongly applied the test in Re E when considering whether the children would be at grave risk of harm.
Hayden J gave reasons for granting the Trust’s application for a declaration that it is in J’s best interests for her not to be given mechanical or invasive ventilatory support and for what are referred to as, “ceilings of treatment” to be put in place.
Application for disclosure and inspection of documentation from the successful asylum claims of the mother and the child.
The Court of Appeal refuses to grant a stay to the parents’ pending the determination by the United Nations Commission for The Rights of People of Disability of the parents' complaint to them alleging breach of the convention's terms.
This was an appeal arising from care proceedings, concerning 2 girls aged 16 and 11. The appellant is their mother’s husband (‘MH’).
Unopposed applications for care and placement orders: Mostyn J ruled that a fact-finding hearing would be a deplorable waste of resources.
MacDonald J holds that the father did not have ‘rights of custody’ for the purposes of Article 3 of the 1980 Hague Convention at the time of the child’s removal from the Republic of Ireland.
Judgment was handed down by Mr Justice MacDonald on 29th July 2022. This case concerned a 12 year old girl who was born and lived in France until her mother’s death in 2017 when she moved to Tunisia in the care of her paternal grandmother.
Application by NHS Trust for declaration that brain stem death had occurred in a child such that it would be lawful to cease ventilation and medication adjourned after the hospital rescinded its clinical ascertainment of death.
The Court was concerned with an appeal by the mother of a two-year-old boy, C, against findings made in care proceedings that she inflicted injuries on him.
Findings of sexual abuse were made against the intervenor in care proceedings that he had sexually abused his 5 year old step-daughter. He appealed the findings.
An appeal concerning an injunction made in the High Court prohibiting any person serving with the Metropolitan Police (‘MPS’) from interviewing two teenage children (‘A’ and ‘B’) without the ‘express order’ of the judge save for speaking to them ‘in order to determine whether they are at a real and immediate risk of being subjected to harm or ill-treatment and for the purpose of considering whether any immediate police or statutory powers should be exercised to avoid that risk’ [1]. Appeal allowed.
Theis J gives permission for a widower to use the last remaining embryo made with his late wife’s egg, where she had not given written consent to posthumous use before her death
An application to commit a solicitor for breach of a location order is struck out, with important observations on the procedural requirements for enforcing an order directed to a LLP and is served (with permission) by email.
Arbuthnot J’s decision in respect of a 12 year old boy is successfully appealed by his parents and to be remitted for a fresh hearing before Hayden J and a new children’s guardian to be appointed.
