Case Summaries

Mother’s appeal on grounds relating to issues of fairness and public policy, the Findings and the application of the law in respect of a fact finding judgment.

Application for the summary return of a child from India: Mr Justice Williams considered whether English proceedings concerning the welfare of a child should be stayed in favour of those taking place in India; consideration of whether an anti-suit injunction should be made against the father pursing those Indian proceedings.

Appeal by mother against an order stopping all direct contact to her daughter

Successful appeal to the Court of Appeal against an order that the child be returned to Hungary, the Court of Appeal considering that there had not been proper consideration of the efficacy of the safety measures purportedly put in place following undertakings given by the father and despite Hungary not being the state of the child’s habitual residence.

Judgment of Knowles J considering whether a FGMPO made without notice to the parents should continue until M is 18 or older.

Application for the return of Q, aged 17 to Poland under the inherent jurisdiction and for the return of V aged 12 to Poland pursuant to the 1980 Hague Convention

Judgment of Knowles J concerning an issue of jurisdiction, namely whether an interim care order can subsist after the subject child reaches their seventeenth birthday.

Judgment of Cobb J considering whether a local authority is required, by statute or otherwise, to notify wider family members of the existence of the subject child, and/or assess them, when they are not proposed by parents as potential alternative carers, and where the parents (or either of them) specifically do not wish the wider family to be involved.

Appeal by Father to the Court of Appeal against the dismissal of his application under the Hague Child Abduction Convention 1980. (The judge had found that by the date of the wrongful retention of the children by the mother they were habitually resident in England and Wales.)

F’s application to temporarily remove the children to a Hague Convention country, in circumstances where M alleges risk of onward abduction to non-Hague country.

Unsuccessful appeal against findings made in care proceedings that a father had abused his daughter. Detailed analysis of shortcomings alleged on appeal in relation to ABE procedure.

Mr Justice Mostyn gives a judgment formally asking the Secretary of State for Foreign and Commonwealth Affairs to use “all available diplomatic measures” to help locate a British child, Elsa Salama, who has been missing in Egypt since 2011.

Judgment of Mr Justice Mostyn considering an application under section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 for permission to make a substantive application under the Act against the estate of the Claimant’s deceased husband.

Successful appeal in private children law case where application by F subject to a s.91(14) order for permission to apply for s.8 order was granted without hearing from M. Correct test and procedure for such applications considered.

Judgment of Cobb J setting out his conclusions in relation to a range of capacity questions on issues relevant to the life of Miss B, a woman with learning disabilities – including inter alia, use of the internet and communication by social media.

Judgment of Cobb J following a hearing in which His Lordship had been invited to make final capacity declarations under section 15 Mental Capacity Act 2005, and best interests decisions, in relation to a young man, A.