Successful appeal against care and placement orders made at an IRH as the judge made inappropriate comments which caused the mother to change her position and because the judge failed to give a proper, fully-reasoned judgment.
Successful appeal against a committal order imposed upon a paralegal after an unauthorised disclosure of documents from the Family Court to the Immigration and Asylum Tribunal.
Cobb J concluded proceedings and determined whether it had been right to use the inherent jurisdiction to make interim injunctive-type orders in respect to a capacitous but apparently vulnerable adult.
Cobb J provides a comprehensive summary of the law relating to the use of inherent jurisdiction in order to authorise a deprivation of liberty.
On the facts of the case, the learned judge rejected the applications to authorise both the deprivation of DN’s liberty and his care regime in supported living under a Mental Health Treatment Requirement of a Community Order.
The matter came before Mr Justice Hayden and concerned an application by a Health Authority to place ‘D’, a 12 year old girl, in a special unit which would better address her medical and mental needs.
Appeal by a husband to the Court of Appeal against the decision made at the final hearing in a financial remedies case.
Court of Appeal judgment setting out the procedure by which findings of fact may be challenged on the basis of further evidence. It will generally be more appropriate for the significance of the further evidence to be considered by the trial court rather than by way of appeal.
Application for committal relating to breaches of orders prohibiting R publishing material in relation to her children. Consideration of the legal framework and the publication of hyperlinks. Subsequent successful application to purge the contempt.
Case in which the court took the highly unusual and exceptional step of exercising its inherent jurisdiction and revoking an adoption order which had been made following a flawed process, replete with errors and omissions.
Judgment regarding two appeals: a mother’s application to change a child’s surname to her new husband’s surname and the father’s application (under article 21 of the Hague Convention) for contact with the child.
The matter came before Mr Justice Mostyn for a declaration in respect of a Decree Absolute which had been obtained by the parties in 1997.
The Court of Appeal dismissed an appeal against an order for disclosure of the parents’ statements and position statements, filed in the early stages of care proceedings, to the police. The leading authority, Re C (A Minor) (Care Proceedings: Disclosure) [1997] Fam 76 (also reported as Re EC [Disclosure of Materials] [1996] 2 FLR 725) remains fit for purpose and was correctly applied.
The question in this case was whether the wife’s capital claims should be adjourned again or dismissed. There had been proceedings in 2015 in which the capital claims had been adjourned. The court held in 2019 that, despite the passage of time and the need for finality, dismissing the wife’s claim against the background of this case was a matter of last resort. The wife’s capital claims were therefore further adjourned but were to be dismissed unless an application to restore them is made by 31 July 2022.
In this short judgment Mrs Justice Theis granted permission for the applicants to withdraw their application for a parental order under section 54 Human Fertilisation and Embryology Act 2008 (HFEA 2008). The children’s guardian recommended that the court did not make the parental order initially sought by the applicants due to the absence of certain information required under s.54 HFEA. It was not possible to obtain this information from the applicants as they had stopped engaging with the court proceedings.
An appeal by Anna Timokhina, the mother, in relation to an order that she pay £109,394 in respect of the costs of Alexander Timokhin, the father, incurred during the course of litigation concerning the future arrangements for the care of their children. Considerations in relation to costs principles.
