Case Summaries

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LKH v TQA AL Z (Interim maintenance and pound for pound costs funding) [2018] EWHC 2436 (Fam) (24 July 2018)

A wife’s application for a pound for pound order in a ‘big money’ financial remedy case.

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K (A Child): Threshold Findings) [2018] EWCA Civ 2044 (04 September 2018)

Successful appeal against a finding that the threshold for making a care order had not been made out.

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M (A Child) [2018] EWCA Civ 2043

A father’s unsuccessful appeal against an order to return his 15-year-old daughter to England from Thailand.

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A v A Case No LV15D009589

Judgment which considers the correct approach in modest asset or “needs” cases, when either party is raising conduct and or non-disclosure.

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R v K [2018] EWFC 59

Judgment of Baker J in financial remedy proceedings where the central issue was whether liabilities had been fabricated or exaggerated in an attempt to defeat the wife’s claim. Successful “add-back”.

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Leicestershire County Council v AB and others [2018] EWFC 58

Judgment of Keehan J following final hearing in care proceedings concerning half-siblings aged 4 and 3. “Lancashire” finding made that the perpetrator of the injuries to the elder child was either the mother or her partner. Child arrangements order made for both children to live with the biological father of the younger child, as opposed to being separated to live with their respective biological fathers.

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Tattersall v Tattersall [2018] EWCA Civ 1978

The Court of Appeal dismissed a husband’s appeal against orders for enforcement of unpaid periodical payments arising from a financial remedy order.

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YZ v Leicester City Council & Ors [2018] EWHC 2262 (Fam)

Application by a father to discharge a care order pursuant to s.39 of The Children Act 1989.

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B (A Child: Immunisation) [2018] EWFC 56

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

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AW v KJ [2018] EWHC 2229 (Fam)

Application under the inherent jurisdiction for a return order

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A v A [2018] EWHC 2194 (Fam)

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

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Overall ‘cost of a child’ is £150,753 for a couple

CPAG’s Cost of a Child in 2018 report released

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Y v A Healthcare NHS Trust (2) The Human Fertilisation And Embryology Authority (3) Z (By His Litigation Friend,The Official Solicitor) [2018] EWCOP 18

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.

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W (A Child) [2018] EWCA Civ 1904

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

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F v M [2018] EWHC 2106 (Fam)

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.

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A-F (Children) (No 2) [2018] EWHC 2129 (Fam)

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.

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