Case Summaries

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Birmingham City Council v MM and FF [2018] EWFC 94

Judgment of Keehan J giving reasons for granting a local authority permission to withdraw care proceedings.

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AJ v DM [2019] EWHC 702 (Fam)

Judgment of Cohen J concerning jurisdiction and locus for financial remedy proceedings

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CS v SBH & Ors [2019] EWHC 634 (Fam)

Appeal against an order dismissing the mother’s application for a variation of an order that the child should live with the father.

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Wodehouse v Wodehouse [2018] EWCA Civ 3009

The Court of Appeal discharges a lump sum order made against a third party trust in the context of financial remedy proceedings.

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Takhar v Gracefield Developments Limited and others [2019] UKSC 13

Appeal considering whether when it is alleged that a judgment was obtained by fraud, that judgment may only be set aside where the applicant can demonstrate that the alleged fraud could not have been uncovered with reasonable diligence in advance of the obtaining of the judgment.

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Re W (Children) (Abduction: Implementatioon of Return Order) [2019] EWHC 357 (Fam)

Application before Mrs Justice Knowles for directions to implement a return order in child abduction proceedings, the outcome turning on construction of the order as amended by the Court of Appeal.

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Re: ABCDEF (Fact Finding: Honour Based Violence) [2019] EWHC 406 (Fam)

Judgment of Keehan J (1) dismissing allegations of honour-based violence, (2) finding that the mother had wrongly and maliciously sought to exclude the father from the child’s life, and (3) making a non-party costs order against an expert reporter who had serially failed to comply with court directions.

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B (A Child: Post-Adoption Contact) [2019] EWCA Civ 29 (30 January 2019)

Appeal heard by the President of the Family Division, Lady Justice King and Lord Justice Coulson which concerns the issue of post-adoption contact.

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M v F (Appeal: Fact Finding) [2019] EWHC 572 (Fam) (12 March 2019)

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.

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K (A Child: Stranding: Forum Conveniens: Anti-Suit Injunction) [2019] EWHC 466 (Fam)

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.

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Re A [2019] EWHC 612 (Fam)

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

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S (A Child – Hague Convention 1980 – Return To Third State) [2019] EWCA Civ 352

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.

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M (Female Genital Mutilation Protection Order – No Order on Application), Re [2019] EWHC 527 (Fam)

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

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Q & V (1980 Hague Convention and Inherent Jurisdiction Summary Return) [2019] EWHC 490 (Fam) (06 February 2019)

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

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Q (Child – Interim Care Order – Jurisdiction), Re [2019] EWHC 512 (Fam)

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.

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Re H (Care and Adoption – Assessment of wider family) [2019] EWFC 10

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.

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