Case Summaries

A mother’s successful application for a specific issue order for permission to immunise her child.

Application under the inherent jurisdiction for a return order

Hearing to determine the appropriate replacement undertakings following the Husband’s successful appeal against the Wife’s release from undertakings

CPAG’s Cost of a Child in 2018 report released

Y, the wife of Z sought a declaration that it was lawful and in Z’s best interests for his gametes to be retrieved and stored prior to his death despite his incapacity and inability to consent, and an order pursuant to s.16 of the Mental Capacity Act 2005 that a suitable person should sign the relevant consent for the storage of Z’s sperm on his behalf.

Court of Appeal judgment commenting on the jurisdiction of the High Court to set aside a final order made under the Hague Convention 1980.

Father’s appeal to the High Court against a refusal to recognise an order of a Moscow District Court, the mother having successfully argued, and continued to maintain, that registration should be refused because the decision had been made without the child having had the opportunity to be heard, and that the decision was contrary to public policy.

Judgment of Sir James Munby dealing with a number of matters following his decision in Re A-F (Children) (Restrictions on Liberty) [2018] EWHC 138 (Fam). Sir James approved draft forms of order for use in these cases and three forms of order are attached to the judgment: (i) directions on issue; (ii) order following first hearing; and (iii) order following final hearing.

Williams J creates a new ‘flexible approach’ to the interpretation of s.11 MCA 1973, incorporating principles of fundamental human rights, so as to declare a marriage void (as opposed to a non-marriage) after an Islamic Nikah ceremony and render it susceptible to a decree of nullity, so enabling the wife to apply for financial relief.

Determination of beneficial interest in a claim for an order for sale pursuant to a final charging order

Judgment of Keehan J dealing with the question of whether threshold is crossed on the basis that the care provided by a parent was not reasonable in circumstances where they accepted that they were unable to care for their children and sought assistance from a local authority by way of accommodating the children under a s.20 agreement.

Appeal in relation to a fact finding hearing concerning a contact application in which the judge who had been in an “invidious position”, had not permitted the father to cross-examine the Mother directly. Hayden J sets out observations concerning the procedure for cases where the court is required to hear a case "put" to a key factual witness where the allegations are serious and intimate and where the witnesses are themselves the accused and accuser.

Cohen J concludes that a non-parent without rights granted by a court or by someone with parental rights could avail him or herself of Article 21 of the Hague Convention on the Civil Aspects of International Child Abduction 1980.

Fact finding in a forced marriage and care case. Williams J considered the different approach required to mandatory orders within a Forced Marriage Protection Order, as opposed to prohibitory orders.

Successful application before Cobb J for a declaration that it is permissible and lawful for the Local Authority to arrange for the adoption of a child without notifying the child’s putative father and / or their extended paternal and maternal family members.

Mother’s application to relocate with parties’ children to Uganda granted, by consent. Court determining ancillary issues relating to the relocation, including whether father should have permission to take the children to Eritrea for one week during his time with them.