Case Summaries

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Egeneonu v Egeneonu & Anor [2018] EWHC 1392 (Fam)

Judgment of Williams J concerning committal proceedings and an application to exclude improperly obtained evidence

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CH v CT [2018] EWHC 1310 (Fam)

Successful appeal against a suspended committal order made following the appellant’s failure to comply with an order which required her to make her daughter available for contact with the respondent.

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P-S (Children) [2018] EWCA Civ 1407

Successful appeal against final care orders made. The Court of Appeal also gave general guidance on the approach to be taken to consideration of Special Guardians and the making of SGOs within care proceedings.

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MK and RP (Hague Child Abduction Convention) [2018] EWHC 1475 (Fam)

Successful application under the Hague Child Convention for the summary return of a child to her father in Israel.

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MT v OT [2018] EWHC 868 (Fam)

Judgment of Cohen J dealing with four applications under Schedule 1 to the Children Act 1989

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Gee v Gee & Anor [2018] EWHC 1393 (Ch)

Successful claim in a proprietary estoppel case concerning a family farm.

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Re M-Y (Children) [2018] EWCA Civ 1306

Parents’ appeal from findings of fact, a final care order in respect of a 15 year old girl (P), and interim supervision orders in respect of younger children (V, U and A).

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In the matter of an application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland) [2018] UKSC 27

Challenge in the Supreme Court of the compatibility of the law prohibiting abortion in Northern Ireland (insofar as the law prohibits abortion in three specific categories of cases) with Articles 3 and 8 and 14 of the ECHR.

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S & H-S (Children): Re [2018] EWCA Civ 1282

Mother’s appeal against a care order made in December 2017 in relation to child L on the basis that threshold was not met in which the Court of Appeal gives guidance on setting out court findings on threshold.

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Thompson v Thompson [2018] EWHC 1338 (Ch)

Judgment concerning the extent of the claimant’s interest in the family farm by virtue of proprietary estoppel.

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G (A Child – transparency in the family courts) [2018] EWHC 1301 (Fam)

Munby P maintained the confidentiality of 2002 proceedings and refused the application of a Mother who alleged there had been a ‘miscarriage of justice’ to allow the matter to be heard in ‘the court of public opinion’.

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Re AL (Human Fertilisation and Embryology Act 2008) [2018] EWHC 1300 (Fam)

Successful application pursuant to s.55 of the Family Law Act 1986 for a declaration of legal parentage.

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Y (Children) [2018] EWCA Civ 1208

Appeal from a Circuit Judge’s order that two children (aged 7 and 10) should be returned to their home country of Canada pursuant to a Hague Convention application by the “left behind” father.

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S (Abduction – Hague Convention Or BIIa) [2018] EWCA Civ 1226

Judgment in which the Court of Appeal examines the interaction between the 1980 Hague Child Abduction Convention and BIIA.

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TK v Secretary of State for Work and Pensions (CSM) (Child support – tribunal practice) [2018] UKUT 163 (AAC)

Decision of the Upper Tribunal allowing an appeal regarding assessment of income for child maintenance; the First-tier Tribunal had determined the appeal without all the information it had said was “required”.

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SH v Secretary of State for Work and Pensions, CH and Revenue and Customs (CSM) (Child support – calculation of income) [2018] UKUT 157 (AAC)

The Upper Tribunal concludes that Regulation 36(2)(b) of the Child Support Maintenance Calculation Regulations 2012 is redundant, due to its inherent contradiction with Regulation 36(1), which the Tribunal found no way to reconcile. Regulation 36(1) has to take priority, therefore making 36(2)(b) redundant.

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