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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.
An appeal by a Father from an aspect of a FGMPO which prohibits the parents from removing the child from the jurisdiction of England and Wales until she is 16 years of age. Appeal allowed and case remitted for full hearing. The Court of Appeal also made a number of important observations concerning FGMPO cases.
Appeal against an order which capitalised spousal maintenance and increased child maintenance.
Successful Local Authority appeal from a High Court order dismissing its application for care orders in respect of five children aged between 1 and 16 years. The Court of Appeal held that the use of percentages and or ‘aggregation’ is not the proper approach to the judicial function in respect of the “simple application of the balance of probabilities”.
Supreme Court judgment in defended divorce case in which the question of the correct inquiry to make when applying s.1(2)(b) MCA 1973 was considered.
An appeal in which the issue was whether the respondent mother should be prohibited from removing D temporarily for a holiday in Japan, her country of origin.
Judgment of Mrs Justice Knowles dealing with the issue of police disclosure in relation to a fact finding hearing in which Her Ladyship had already given judgment. That hearing had been beset by problems arising from late disclosure by the police. This judgment sets out important suggestions about the efficient process of disclosure between the criminal and family jurisdictions.
Unsuccessful appeal against an order of Cohen J imposing a sentence of 18 months’ imprisonment for contempt of court in a case involving three children who had been made wards of court where the children had not been returned to England in breach of High Court orders
Local authority’s successful application for permission to withdraw care proceedings and successful defence of an application for a costs order against the authority.
