Case Summaries

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G-E (Children : Hague Convention 1980: Repudiatory Retention and Habitual Residence) [2019] EWCA Civ 283 (01 March 2019)

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.)

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F v M (Temporary Leave to Remove: Alleged Risk of Onward Abduction to Non-Hague Country)

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.

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Y and E (Children) (Sexual Abuse Allegations), Re [2019] EWCA Civ 206

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.

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Button v Salama & Anor [2019] EWHC 363 (Fam)

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.

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Cowan v Foreman & Ors [2019] EWHC 349 (Fam)

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.

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Re P & N (Section 91(14):Application for Permission to Apply: Appeal) [2019] EWHC 421 (Fam)

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.

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Re B (Capacity- Social Media-Care and Contact) [2019] EWCOP 3

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.

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Re A (Capacity Social Media and Internet Use- Best Interests) [2019] EWCOP 2

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.

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K (Children), Re [2019] EWCA Civ 184

The central issue of the appeal was whether the first instance judge was wrong to make a finding that the appellant father had sexually abused his 6-year-old daughter. The father contended that the evidence was inadequate to support the judge’s findings.

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R ( A Child – Appeal – Termination of Contact) [2019] EWHC 132 (Fam)

Appeal against the decision that R should have no direct contact with the father, an order as to indirect contact and an order under section 91(14) Children Act 1989.

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L-W Children [2019] EWCA Civ 159

Court of Appeal judgment allowing the mother’s appeal to overturn a finding of failure to protect

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G (Children: Fair Hearing), Re [2019] EWCA Civ 126 (07 February 2019)

Procedural appeal against interim care orders by a mother who stated that she was subjected to improper judicial pressure that led to the orders being granted without opposition on her part. Appeal allowed.

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Re E (Abduction Article 13B Deferred Return Order) [2019]

Father’s application for an order requiring the return of his daughter to Spain, pursuant to the Hague Convention.

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X (Wardship – Foreign Proceedings – Child’s Evidence) [2019] EWHC 91 (Fam)

Application for X, a ward of the court, to travel to India to answer a witness summons issued by the Indian Criminal Court to give evidence in his mother’s criminal trial in India in which she was charged with the murder of X’s father.

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L v M (Rev 1) [2019] EWHC 219 (Fam)

Application by Father, pursuant to the jurisdiction of the High Court, for the return of twins aged 18 months (both of whom were wards of court) to the jurisdiction of England and Wales.

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H (Childen) v (Appeal – Case Management – Part 25 Expert of Treatment) [2019] EWHC 237 (Fam)

Case summary coming soon

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