Case Summaries

A Local Authority v M, F, A&B [2020] EWHC 1162 (Fam)

Case concerning whether to name a Local Authority and social workers in public law proceedings. Hayden J did not think he had ever had to criticise a Local Authority to the extent found necessary in this case. Ultimately the balance was tipped in favour of prioritising the children’s family life and granting anonymity.

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A Local Authority v Mother & Ors [2020] EWHC 1086 (Fam)

Decision of Lieven J in which she was tasked with making a determination as to whether to proceed with the lay evidence in a fifteen day fact finding conducted remotely, or whether to adjourn the case having heard the medical evidence.

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FRB v DCA [No. 2] [2020] EWHC 754 (Fam)

The husband and wife were both from extremely wealthy Indian families, and spent over £5m per year. Cohen J determined the parties’ cross-applications for financial remedy orders, and had to consider whether the fact that the wife had allowed the husband to bring up her child by another man in the belief that he was the child’s natural father amounted to conduct.

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R v Secretary of State for the Home Department (No. 2) [2020] EWHC 1036 (Fam)

MacDonald J in the High Court considers the request for disclosure of documents in an asylum claim.

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Re H (Deceased) [2020] EWHC 1134 (Fam)

Cohen J determined the claim under the Inheritance (Provision for Family and Dependants) Act 1975, brought by an adult daughter C against the estate of her father who died in 2016.. The respondents were her mother KH (aged 80 and living in a care home) and her brother NH (as executor). The widow was the sole beneficiary under the terms of the will.

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N (a child) [2020] EWFC 35

Judgment of Mostyn J concerning whether the court should exercise its powers to make a summary return order in respect of a child that had been removed to Greece from England when an application for the child’s return had already been made under the Hague Convention 1980.

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S (Child in care: Unregistered Placement) [2020] EWHC 1012 (Fam)

Judgment of Cobb J concerning unregistered placements and the chronic issue of absence of satisfactory secure provision.

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L (Adoption: Identification of Possible Father) [2020] EWCA Civ 577

Considering the approach to be taken where a mother wants a baby to be placed for adoption without notice being given to the child's putative father.

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Kliers v Kliers [2020] EWHC 1026 (Fam)

Throughout their marriage the husband and wife had been members of an Hasidic Jewish community. The wife had subsequently left the community, which had caused a significant rift. Nicholas Cusworth QC considered both the wife’s claim for an order for sale of the former family home under TOLATA, and the husband’s claim for a financial remedy.

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X (Revocations of Testamentary Guardianship) [2020] EWFC 33

Case concerning prospective application for intercountry adoption under the 1993 Hague Convention; the consent given by a testamentary guardian to his own adoption application remained valid.

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MS v RS and BT (Paternity) [2020] EWFC 30

Application by a father for a declaration of non-paternity and latterly, for a declaration that BT, the putative father, was the father of AS and BS pursuant to section s 55A of the Family Law Act 1986

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Re Q [2020] EWHC 1109 (Fam)

This an appeal from a case management decision made by DDJ O’Leary in the course of a long-running private law dispute concerning the welfare of a child, Q, aged 6.5. Whilst this concerns the decision to adjourn a remote hearing, the appeal is purely one of procedure and fairness.

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Re S [2020] EWCA Civ 515

This case concerned an appeal brought by a mother against a decision of Her Honour Judge Hillier sitting as a Deputy High Court Judge in October 2019.

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Prospective adopters v LB Tower Hamlets [2020] EWFC 26

Parents’ application for leave to oppose adoption refused. The court considered that previous decisions relating to the family were highly relevant to the decision

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SZ v DG & Ors [2020] EWHC 881 (Fam)

Mostyn J refuses a father’s application for leave to apply for contact with his son subject to a Special Guardianship Order due to s91(14) being in place

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Re S (Parental Alienation: Cult) [2020] EWCA Civ 568

The Court of Appeal allowed an appeal by a father against the dismissal of his application for Lara, an 9 year old girl, to live with him, in circumstances where the trial judge had found that Lara had suffered harm in the context of her mother’s adherence to Universal Medicine, found by the judge to be a cult, and that a process of alienating Lara from her father had begun.

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