Case Summaries

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Re E [2019] EWHC 3639 (Fam)

Judgment determining a dispute between parents as to funeral arrangements for their child, in circumstances where the mother had been convicted of involvement in the death and the father applied for a grant of administration under s.116 Senior Courts Act 1981 and/or exercise of the inherent jurisdiction.

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Re I (Children: Child Assessment Order) [2020] EWCA Civ 281

Appeal concerning the court’s power to make a child assessment order pursuant to s.43 CA 1989. A paradigm example of a case for which s.43 was intended.

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G (A Child) [2020] EWCA Civ 282

An appeal against the decision by HHJ Cronin to grant the mother’s application for a s.38(6) residential assessment in care proceedings

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Re K (Forced Marriage: Passport Order) [2020] EWCA Civ 190

The Family Court considers Forced Marriage Protection Orders ['FMPO'] made under Family Law Act 1996, (s 63A) where the subject of the order is an adult who does not lack mental capacity and Passport Orders as part of a FMPO.

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Cardiff & Vale University Health Board v P [2020] EWCOP 8

In the Court of Protection sitting in London, Mr Justice Hayden heard an urgent case from Cardiff by telephone, in relation to certain long overdue dental needs of an incapacitous 17-year-old severely autistic young man. The “appalling consequences” of delay were attributed to a fundamental failure to communicate effectively.

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Latayan v SSHD [2020] EWCA Civ 191

Immigration case concerning whether the child of a person who is in a relationship (not a marriage or a civil partnership) with an EU citizen is a ‘direct descendant’ or a ‘dependent’ of the citizen. Submission that a ‘real-world’ parental relationship existed despite there being no marriage or civil partnership rejected.

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C (A Child: Interim Separation) [2020] EWCA Civ 257

Unsuccessful application to appeal a decision on interim separation

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W, F, C and D (minors) (Name changes disclosing gender reassignment and other matters) (Rev 1) [2020] EWHC 279 (QB)

Judgment on the potential impact on children changing their forenames by deed poll due to gender reassignment, specifically related to the requirements of exam boards proof of name.

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Re S [2020] EWHC 217 (Fam)

Care proceedings stemming from a private law dispute where a mother made allegations of abuse against the fathers of her children. The mother's pursuit of the allegations led to emotional harm of the children.

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Re C (Female Genital Mutiliation and Forced Marriage Fact Finding) [2019] EWHC 3449 (Fam)

In this case Mrs Justice Knowles considered the difficulties in assessing the evidence of a vulnerable witness and what allowances, if any, the court can make for a witness who, by virtue of their learning disability, cannot give a coherent and/or credible account

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T (A child), Re [2020] EWHC 220 (Fam)

Application by a Local Authority pursuant to the inherent jurisdiction for a declaration that it is in the interests of a looked after child [T] to receive a schedule of vaccinations.

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Dorset Council v M (Failure to prove non-accidental injury) [2019] EWFC B63

Fact-finding hearing regarding an injury to a new born baby to establish a pool of perpetrators and whether the injury was intentional, caused by recklessness or by delivery method.

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AB (Contested Adoption) [2019] EWFC B68

HHJ Simmonds delivers an ex tempore judgment at the conclusion of the final hearing in an adoption application in respect of two children.

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Re C (Lay Advocates) [2019] EWHC 3738 (Fam)

HMCTS ordered to fund the reasonable costs of lay advocates for parents in care proceedings. The service was akin to that provided by an interpreter or intermediary.

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A, B And C (Adoption: Notification of Fathers And Relatives) [2020] EWCA Civ 41

Appeals concerning 3 babies where the mothers had concealed the pregnancies from the fathers and relatives. With 2 children being placed for adoption and that being an option for the third, should the local authorities notify the fathers before the plans are affected?

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W (A Child) [2020] EWCA Civ 16

Parents successfully appealed the refusal of permission to oppose the making of an adoption order

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