Judgments

Tracey v Tracey [2006] EWCA Civ 734

Application by father to appeal an order requiring him to pay for private school education for his two sons. Appeal allowed in part.

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G (A Child) [2006] EWCA Civ 745

Application by a father for permission to appeal contact and parental responsibility orders. Permission refused in relation to contact, parental responsibility order set aside.

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Kimber v Kimber [2006] EWCA Civ 706

Application by husband for permission to appeal an order arising out of ancillary relief proceedings. The application was refused.

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B (A Child) [2006] EWCA Civ 716

An appeal by a father in a contact case. Appeal allowed.

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A (Children) [2006] EWCA Civ 714

The mother was seeking permission to appeal two care orders and an extension of time. Permission was refused.

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C (A Child) [2006] EWHC 1229 (Fam)

This was an application under the Hague Convention by the father for the return of C to the USA. The application failed.

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R (On the application of LH & MH) v The London Borough of Lambeth [2006] EWHC 1190 (Admin)

This was an application for judicial review on the grounds that the defendants had failed to carry out proper assessments of LH and MH and/or implemented them by not arranging a residential placement for LH. The judge found that the defendant breached its assessment obligation under Part III of the Children Act 1989.

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Trust A & Trust B v H (An Adult Patient) (Represented by her Litigation Friend, the Official Solicitor) [2006] EWHC 1230 (Fam)

Trusts A and B sought declarations that i) a woman detained under the Mental Health Act 1983 lacked capacity to make decisions about her medical treatment for a potentially life threatening condition; ii) it was in her best interests to undergo treatment which would include a total hysterectomy; and iii) it was lawful to provide sedation and reasonable physical restraint in order to adminster treatment. All 3 declarations granted.

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E & O (Children) [2006] EWCA Civ 687

This is an application by a father, who was facing criminal charges, to appeal an order adjourning a hearing relating to the residence of his children until the criminal proceedings were concluded. The application was refused.

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Klamer v Klamer [2006] EWCA Civ 690

This is an application by the wife for a second appeal concerning the division of assets in favour of the husband after a short marriage. The application was refused.

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Luton Borough Council v N & N (Acting by her Children’s Guardian) [2006] EWHC 1189 (Fam)

This judgment details 3 hearings in which the judge had to determine the correct age of a girl in the respect of whom care proceedings had been brought. This was important in order to consider the Local Authority’s request for leave to discontinue their application for a care order. In addition, he had to consider an application by the father for residence. The Local Authority was given leave to withdraw their application, the father’s application was dismissed.

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