Application by trustees of a discretionary settlement created in 1968 seeking the Court’s confirmation and approval that they have the power to execute a Deed of Appointment to include a child born out of wedlock (who otherwise may not be a beneficiary due to common law rules of construction) as a beneficiary of the trust. Application granted.
Concerning the medical treatment of CD, a 27-year-old woman that is 35 weeks preganant, currently detained pursuant to section 3 of the Mental Health Act 1983.
First instance decision of Mr Justice Keehan in care proceedings concerning a child whose brother had been murdered by his father. Care and placement orders made.
This case concerns an appeal by the mother against special guardianship orders that were made in respect of her two sons, L (10) and A (9) in favour of their paternal grandparents.
Urgent application by the treating Trust to permit treatment in respect a 16-year old girl, B, refusing treatment i.e. insulin, with the result her life was threatened by diabetic ketoacidosis [‘DKA’]. Application allowed.
Williams J
Judgment in Queen's Bench Division providing international family lawyers with a meticulous overview on establishing forum. A claim issued first elsewhere in the world, may not of itself be determinative. World-wide assets were brought under the overarching jurisdiction of the High Court. The sophisticated construct of trust claims engaged specific Articles.
It is a truism, Cohen J says, that marriages come in all different shapes and sizes. The size and shape of a relationship are both key to the quantum of a financial remedy, but it is PG Woodhouse-esque drama is what brings this wonderfully readable judgment to life.
An appeal and cross appeal following the judgment of Cobb J in the Court of Protection, in which he made declarations regarding the mental capacity of the subject, B, to make decisions to use social media, consent to sexual relations and to decide where she resides.
Decision: The OS’s appeal was dismissed and the Local Authority’s appeal was allowed on the basis that there was a direct conflict between the decision made as to B’s capacity in some respects and lack of capacity to make decisions in others.
A mother’s unsuccessful appeal against an order for the summary return of a child to Israel
Application for committal for contempt. MacDonald J held that there was no breach of the protective injunction; a narrow interpretation of ‘towards’ was favoured. Useful summary of the strict procedural requirements for committal applications.
The case concerned a child, M who was aged 13, and whether she was deprived of her liberty in her current placement in Scotland, and how this was to be lawfully approved.
An application by mother for return of a ten year old boy, with special educational needs, to this jurisdiction from Ghana. MacDonald J found that the father had wrongfully retained the child and ordered the father to return him. Child made a ward.
Application for a 17 year old at risk from gang violence to be placed into secure accommodation against his mother's wishes.
A request by the Slovakian Central Authority (SCA) to transfer proceedings to the Slovakian courts pursuant to Article 15 of Brussels II Revised Regulation (BIIR) was refused by His Honour Judge Dancey sitting as a section 9 judge, primarily on the basis of the children being settled in their foster placement in England, the need for a fact-finding and police investigation here, and the ability through Member State cooperation to undertake assessments of the wider family in Slovakia.
Application for the return of a child to Israel under the Child Abduction and Custody Act 1985.
