Case Summaries

A Hague Convention outward return case in which Mostyn J gives a series of strongly worded reminders on how such proceedings should be conducted. He also considers the meaning of the phrase “now settled” in Article 12.

Judgment by Mrs Justice Lieven DBE in which she conducts an analysis of the factors that fall for consideration when making a case management decision regarding the need or otherwise of a separate fact-finding hearing and taking into account the current climate.

An application for a costs order was brought by the LA, the parents, and the Children’s Guardian against DM and MH. DM was originally appointed as the Father’s intermediary and MH acted as his intermediary for 2 days of what was supposed to be the final hearing. The substantive case concerned care proceedings brought by the LA. Mrs Justice Lieven determined that a costs order against DM was justified.

Unsuccessful application by a mother to apply for leave to revoke placement orders in respect of her children

Sir Jonathan Cohen dismissed a claim for maintenance under the Maintenance Regulation (EC) 4/2009 on the basis that Articles 4, 5 and 7 did not save an application barred by Art 3(c).

The current care proceedings related to the youngest 4 children (C, D, E and F). Concerns re-emerged in November 2019 (very shortly after the case had been closed to social services).

The local authority applied for a further secure accommodation order in respect of E, a girl aged 16 at a hearing on 11th October 2021.

On 23 September 2021 Poole J refused an application under the Inherent Jurisdiction of the High Court to authorise the accommodation of a child (LH) in a psychiatric unit, when her condition did not justify the detention there and indeed the placement was not merely inappropriate but harmful:

A judgment in which the Court refuses to make a deprivation of liberty order, where the local authority is unable to identify a suitable therapeutic placement for the child, and continued detention at the psychiatric unit was found harmful to a child who did not suffer from a psychiatric condition.

Application for the court to review a Deprivation of Liberty Order authorisation

Appeals made by the mother (‘M’) and Appellant father (‘F2’) from the findings of fact made in a reserved judgment of HHJ Sapnara on 19 March 2019. The appeals were dismissed.

A comprehensive judgment on contempt of court, following publication by a father of information about family proceedings on Facebook.

The case concerned K, aged 7, a child of Gabonese nationality. K was the subject of care proceedings instigated following allegations made by the mother concerning sexual abuse of K by his step father, and consequential discovery of very poor home conditions.

Judgment of MacDonald J confirming that, following amended regulations prohibiting the placement of looked after children under 16 in unregulated placements, it remains open to the High Court to authorise, under its inherent jurisdiction, the deprivation of liberty of children in such placements, provided that procedural safeguards are complied with.

This case concerned a question of whether a talaq obtained in Pakistan was "an overseas divorce" capable of recognition under ss. 45 and 46 of the Recognition of Divorces, Annulments and Legal Separations Act 1986 (‘the 1986 Act’).