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2013 Judgments
- A (A Child) [2013] EWCA Civ 1104
Judgments (08/09/2013)
Appeal in a long running contact case against a no direct contact order. Guidance given on applicability of Re B (A Child) [2013] to private law cases and the correct approach to implacable hostility to contact cases - A (A Child), Re [2013] EWCA Civ 43
Judgments (07/02/2013)
Application by local authority for wasted costs order against firm of solicitors acting in care and placement for adoption proceedings in the High Court and Court of Appeal. Application dismissed. - A (A Child), Re [2013] EWCA Civ 543
Judgments (17/05/2013)
Appeal against variation of interim contact and "findings" made within contact application. - A (Children) [2013] EWCA Civ 1026
Judgments (14/08/2013)
Local Authority appeal from a fact-finding hearing in public law proceedings - A and S (Children) v Lancashire County Council [2013] EWHC 851 (Fam)
Judgments (24/04/2013)
Judgment on an application for costs against a local authority - A City Council v DC & Others [2013] EWHC 8 (Fam)
Judgments (23/01/2013)
Guidance given for the appropriate procedure to be followed in applications to revoke freeing orders. - A Council v M & Ors (Judgment 4: Foreign Adoption: Refusal of Recognition) [2013] EWHC 1501 (Fam)
Judgments (06/06/2013)
Application for a declaration that the adoption of a 7 month old child in Kazakhstan is recognised in England and Wales; and a cross-application by the child's guardian that the adoption is not so recognised. Held that the adoption is not recognised by the law of England and Wales. - A Local Authority v C [2013] EWHC 4036 (Fam)
Judgments (09/01/2014)
Local Authority applications for without notice declarations pursuant to the inherent jurisdiction concerning an unborn child about whose safety following birth the Local Authority had concerns. - A Local Authority v DB & Others [2013] EWHC 4066 (Fam)
Judgments (18/12/2013)
Fact finding hearing to consider whether a child died as a result of non-accidental injuries and if so, to consider who the perpetrator of the injuries was. - A Local Authority v K [2013] EWHC 242 (COP)
Judgments (20/02/2013)
Court of Protection application for a best interests decision in relation to the issue of contraception for, and sterilisation of, a vulnerable adult. General Guidance given. - A Local Authority v M & Others [2013] (11 01 13)
Judgments (23/01/2014)
Second fact-finding concerning injuries to a child who suffered from rickets as a result of Vitamin D deficiency. Medical expert evidence considered. Held that there was insufficient evidence to determine that the injuries to the child were non-accidental. - A Local Authority v Mrs D & Another [2013] EWHC B34 (COP)
Judgments (19/02/2014)
Judgment approving an agreed order compromising a claim for remedies under s.8 Human Rights Act 1998, which included a sum in damages, for alleged breaches of a party's rights under Articles 5 and 8 ECHR. - A Local Authority v X & Anor (Children) [2013] EWHC 3274 (Fam)
Judgments (06/11/2013)
Application by local authority in the course of care proceedings for a declaration of non-recognition of a marriage in Pakistan of a 14-year old girl. Application dismissed. - A London Borough v A & Ors [2013] EWHC 96 (Fam)
Judgments (20/02/2013)
Care proceedings; assessment of mother's ability to protect children from father found to be responsible for child's death. - A v A [2013] EWHC 3298 (Fam)
Judgments (13/11/2013)
Judgment of remitted hearing, following order of the Supreme Court, as to whether the youngest of four children should be returned to England from Pakistan. - A v A [2013] EWHC 3554 (Fam)
Judgments (20/11/2013)
Judgment in respect of four children whom the father had been ordered to return to the jurisdiction from Pakistan. Interim care order made. - A v D (Parental Responsibility) [2013] EWHC 2963 (Fam)
Judgments (31/10/2013)
Application by mother for a residence order, for an order granting her permission to change the child's forename and surname, and for an order terminating the father's parental responsibility. - A-C (A Child) [2013] EWCA Civ 1321
Judgments (06/11/2013)
Appeal by father and grandmother of findings of fact within care proceedings - A-H (Children) [2013] EWCA Civ 282
Judgments (03/04/2013)
Appeal from findings of fact that father had perpetrated abuse – medical examination – no physical signs – whether “partial” summary of existing research provided by paediatrician - A-W & C (Children) [2013] EWHC B41 (Fam)
Judgments (06/05/2014)
Mother’s application (within care and placement proceedings) for declarations in relation to alleged breaches of her Human Rights by virtue of alleged inappropriate procedures by the Local Authority social work team relating to the removal of her youngest child shortly after birth - A-Z v Birmingham City Council [2013] EWHC 3462 (Fam)
Judgments (13/11/2013)
Applications by father to discharge care orders in respect of his six children. Applications dismissed. - AB v BB and Others [2013] EWHC 227 (Fam)
Judgments (20/02/2013)
Father’s application for direct and indirect contact and for expert risk assessment. Mother’s application for permission to change the children’s names. - ACCG & Anor v MN & Ors [2013] EWHC 3859 (COP)
Judgments (12/12/2013)
Application for a final order pursuant to s16(2)(a) of the Mental Capacity Act 2005 in relation to a young man who suffers from profound disabilities. - Agarwala v Agarwala [2013] EWCA Civ 1763
Judgments (23/01/2014)
Appeal against determination in the county court that the appellant held a property on trust for the respondent. Appeal dismissed. - AH v PH [2013] EWHC 3873 (Fam)
Judgments (11/12/2013)
Application by the wife for financial remedies in circumstances where the parties had entered into a marriage settlement in a Scandinavian country prior to the marriage. Capital award of £7.8m (including housing costs and capitalised maintenance). - Aintree University Hospital NHS Foundation Trust v J [2013] EWCA Civ 65
Judgments (06/03/2013)
Appeal against refusal of a declaration in favour of a hospital trust relating to withdrawal of medical treatment in specified circumstances and for permission to place a “Do not attempt resuscitation” instruction on the First Respondent’s medical records. - AM v SS [2013] EWHC 4380 (Fam)
Judgments (12/06/2014)
Wife’s application for a Legal Services Order in the midst of heavily contested financial remedy proceedings, heard in November 2013. - An NHS Foundation Trust v R (Child) & Ors [2013] EWHC 2340 (Fam)
Judgments (19/12/2013)
Application concerning the medical treatment of a 14 month old child and in particular the removal of the child from hospital to live at home and the continuation of artificial ventilation. - An NHS Trust v DE [2013] EWHC 2562
Judgments (22/08/2013)
Application by NHS trust for a raft of declarations under the Mental Capacity Act 2005 in relation to a 37 year old man, in particular that he lacked capacity to consent to a vasectomy and that he should have the procedure undertaken - Arif v Anwar & Anor [2013] EWHC 624 (Fam)
Judgments (22/03/2013)
Financial remedy application – bankrupt husband - oral disclosure hearing – directions given for hearing of two preliminary issues - Asaad v Kurter [2013] EWHC 3852 (Fam)
Judgments (11/12/2013)
High Court application to determine nature and effect of foreign ceremony and entitlement of Petitioner to decree of divorce or nullity - AW (A Child - Application to Revoke Placement Order - Leave to Oppose Adoption) [2013] EWHC 2967 (Fam)
Judgments (10/10/2013)
Application for leave to apply for revocation of placement order and application for leave to oppose adoption - B (A Child) [2013] EWCA Civ 1434
Judgments (13/11/2013)
Mother’s appeal against a ruling that the English court had jurisdiction in respect of her child who was habitually resident in Sweden - B (A Child) [2013] EWCA Civ 166
Judgments (14/03/2013)
Father’s appeal against a suspended sentence imposed upon him for six breaches of an injunction preventing publicity and harassment/interference with his daughter who was in a foster care placement. - B v B [2013] EWHC 1232 (Fam)
Judgments (19/06/2013)
Judgment in financial remedy proceedings where agreement had been reached in respect of all but one of the more important assets but not in respect of less important ones. - B v IB [2013] EWHC 3755 (Fam)
Judgments (04/12/2013)
Judgment considering whether former wife’s application pursuant to s.423 Insolvency Act 1986, to set aside substantial money transfers made by her deceased ex-husband during his lifetime should be dismissed - B-S (Children) [2013] EWCA Civ 813
Judgments (11/07/2013)
Application for permission to appeal against a refusal to allow a mother to oppose an application for the adoption of her two eldest children. Permission granted, applying the recent Supreme Court decision in Re B (A Child). - Ball v Shepstone [2013] EWCC 7 (Fam)
Judgments (08/11/2013)
Suspended order for committal of father for contempt following his failure to comply with an order to file a Form E in proceedings brought by the mother for support of their children. - Bedfordshire Police Constabulary v RU & Anor [2013] EWHC 2350 (Fam)
Judgments (04/08/2013)
Case concerning whether a police force could apply for a person to be committed to prison for contempt of court for breach of a forced marriage protection order (FMPO) in circumstances when the police had not been the applicants who obtained the order - Berger v Berger [2013] EWCA Civ 1305
Judgments (31/10/2013)
Appeal from refusal of permission to apply for provision under the Inheritance Act 1975 some six years after the death of the deceased. - Bidaki v Najafabadi [2013] EWCA Civ 1760
Judgments (23/01/2014)
Application by husband for permission to appeal against, inter alia, the refusals of a stay of contested divorce proceedings in England on the basis of ongoing Iranian proceedings and of an adjournment on the basis of the husband’s illness during the hearing. Application refused. - BN v MA [2013] EWHC 4250 (Fam)
Judgments (29/01/2014)
The court considers the effect of a prenuptial agreement on a wife’s applications for maintenance pending suit, interim periodical payments for a child, and legal services provision - Brown v Davies ([2013] EWHC 3523 (Fam)
Judgments (13/11/2013)
Sentencing judgment in respect of committal for contempt of three members of family of a woman, who had removed her daughter from the jurisdiction, for their failure to divulge the whereabouts of the child. - Button v Salama [2013] EWHC 2972 (Fam)
Judgments (10/10/2013)
High Court application made within Wardship proceedings for further committal of Respondent to prison in light of continuing failure to comply with orders - Button v Salama [2013] EWHC 2974 (Fam)
Judgments (10/10/2013)
High Court application made within Wardship proceedings for Respondent’s committal to prison. - C (A Child) & Anor v KH [2013] EWCA Civ 1412
Judgments (27/11/2013)
Appeal by father against an order prohibiting him from removing his son from the mother or from his primary school. Appeal allowed on the basis of a number of procedural irregularities which caused the decision to be unjust and wrong. - C (A Child) [2013] EWCA Civ 1257
Judgments (24/10/2013)
Appeal of care and placement for adoption orders in which McFarlane LJ emphasises the need for trial judges to consider sections 1 and 52 of the Adoption and Children Act 2002 before approving a care plan for adoption where an application for a Placement Order is before the court or imminent - C (A Child) [2013] EWCA Civ 204
Judgments (20/03/2013)
Appeal from the setting aside of a consent order for the summary return of a child pursuant to the provisions of the Hague Convention. - C (A Child) [2013] EWCA Civ 431
Judgments (29/04/2013)
Appeal of decision to refuse natural father permission to oppose Adoption Order when paternity of the subject child had only recently been determined. (The President of the Family Division also stipulates the steps that must be taken in applications to the Court of Appeal for permission to appeal against placement orders (or orders consequent upon such orders). - C (Children) [2013] EWCA Civ 848
Judgments (18/07/2013)
Appeal by father against findings of fact in care proceedings. The appeal allowed was on a limited basis and a direction made that further and better particulars of judgment be given at the conclusion of the welfare hearing. - C v D [2013] EWHC 2989 (Fam)
Judgments (20/11/2013)
Application by the father for the summary return of his son, brought to this jurisdiction from Spain by his mother. Defence under Art 13(b) of the Hague Convention raised. Application granted. - Cambra v Jones [2013] EWHC 88 (Fam)
Judgments (27/01/2013)
High Court proceedings as to what further steps should be taken to enforce an order for the return of two children to Spain and whether a stay should be granted on the order for their return. - Cart v Cart [2013] EWCA Civ 1006
News (14/08/2013)
Application for permission to appeal out of time an order for ancillary relief on the grounds that, following the order, there had been a substantial upwards variation of the husband’s liability to pay child maintenance through the CSA. Application dismissed. - CB v CB [2013] EWHC 2092 (Fam)
Judgments (25/07/2013)
Mother’s application under the Hague Convention 1996 for the return of her 14 year old son who had remained in the UK following a contact visit to his Father – consideration of the defence under Art 13 of the child’s objection to the return - Chaudhary v Chaudhary [2013] EWCA Civ 758
Judgments (04/07/2013)
Appeal against a finding that there was no beneficial interest in a property where the appellant had contributed a sum at the time of its purchase. - Constantinides v Constantinides [2013] EWHC 3688 (Fam)
Judgments (28/11/2013)
Enforcement proceedings for non-compliance with a maintenance order in which the Court examines the test for determining whether the non-paying party has means to pay - CR v MZ [2013] EWHC 925 (Fam)
Judgments (26/04/2013)
Hearing of two preliminary issues: (i) who was the beneficial owner of the former matrimonial home, and (ii) if that beneficial owner was a company, who was the beneficial owner of the shares in that company. - CR v SR [2013] EWHC 1155 (Fam)
Judgments (17/05/2013)
Permission to appeal given to husband appealing a District Judge’s financial remedy order. (Guidance given as to test to be applied when permission to appeal sought and re principle of equality in ancillary relief applications) - CtL and CmL (Children) (Welfare Hearing: Expert Report), Re [2013] EWHC 2134 (Fam)
Judgments (31/07/2013)
Welfare hearing concerning two children following a fact-finding hearing. - CtL, CmL, TLP, ARP, MM and JB (Children) (Fact Finding: Protection From Sexual Harm), Re [2013] EWHC 2133 (Fam)
Judgments (31/07/2013)
Finding of fact hearing in care proceedings concerning six children of three different mothers; complex web of familial abuse; enmeshed and dependent family members lacking ability to protect the children from predatory members of the family. - CW v SG [2013] EWHC 854 (Fam)
Judgments (12/04/2013)
Application by mother for an order terminating father's parental responsibility and by father for a specific issues order requiring the mother to supply annual reports on child's progress. Mother's application granted, father's dismissed and consequential directions given. - Devon County Council v EB & Ors (Minors) [2013] EWHC 968 (Fam)
Judgments (24/04/2013)
Fact finding hearing in High Court care proceedings. Multiple injuries to twins with complex familial medical history. Local authority unable to prove non accidental nature of injuries to requisite standard. Commentary on importance of experts and impact of modernisation reforms. - DL v EL [2013] EWCA Civ 865
Judgments (16/07/2013)
Hague Convention application in which the Court of Appeal considered whether permanence is a necessary ingredient of habitual residence and the remedies available when a child is lawfully removed pursuant to a return order and that return order is subsequently set aside on appeal. - DR v GR and Others (Financial Remedy: Variation of Overseas Trust) [2013] 1196 (Fam)
Judgments (13/05/2013)
Application under s.24(1)(c) MCA 1973 for variation of a post nuptial settlement (Mostyn J’s judgment includes guidance regarding the issue of joinder of Trustees in variation of settlement cases) - Duncan v Duncan [2013] EWCA Civ 1407
Judgments (08/11/2013)
Appeal by wife against an order setting aside an order in financial remedy proceedings on the basis of counsel's conflict of interest. Appeal allowed, order set aside and original order restored. - EA v AP [2013] EWHC 2344 (Fam)
Judgments (25/09/2013)
Jurisdiction dispute as to whether a Schedule 1 to the Children Act 1989 claim issued in England by the wife should be stayed because the Husband had already issued proceedings in Italy - EG v JG [2013] EW Misc 21 (CC)
Judgments (04/12/2013)
Application by mother for a specific issue order in respect of the choice of secondary schools for the four youngest children of Jewish parents. Order granted that the children attend schools of the mother's choosing. - ET v TZ [2013] EWHC 2621 (Fam)
Judgments (16/10/2013)
Application by mother under Brussels II Revised seeking a declaration of enforcement of a Polish order granting her interim residence in respect of her son. Declaration made. - ET, BT and CT (Children) v Islington [2013] EWCA Civ 323
Judgments (10/04/2013)
Appeal successful in judicial review proceedings, finding that the local authority approach to an assessment of risk to three children was flawed and unlawful. - Evans v Evans [2013] EWHC 506 (Fam)
Judgments (14/03/2013)
Application for financial remedies in case involving assets of £40m. Issues of financial conduct and special contribution, and the definition of marital property were considered. - F (A Child) [2013] EWCA Civ 1277
Judgments (31/10/2013)
Consideration by the Court of Appeal as to when a placement order can be made - F v F [2013] EWHC 2683 (Fam)
Judgments (17/10/2013)
Father’s application for a declaration and specific issue order for his children to receive the MMR vaccination - FQ v MQ & Others [2013] EWHC 4149 (Fam)
Judgments (27/03/2014)
Father’s application for summary return of his two children to the USA; resisted by mother. Application dismissed as, under Article 12, they are settled here and it would not be in their interests to return them to America. - FT and NT (Children), Re [2013] EWHC 850 (Fam)
Judgments (12/04/2013)
Application by mother for the summary return of two children to Canada; issue raised as to their habitual residence. Application granted. - G (A Child - Intractable Contact) [2013] EWHC B16 (Fam)
Judgments (02/10/2013)
Consideration of the principles to be applied in considering contact in cases of protracted litigation and high conflict parental disputes. - G (A Child) [2013] EWCA Civ 330
Judgments (17/04/2013)
Application by mother for permission to appeal against a care order which provided for long term foster care. Application granted. - G (A Child) [2013] EWCA Civ 965
Judgments (04/08/2013)
Second appeal against decision to make final care order placing a child into long term foster care. (The Court of Appeal examines the welfare balancing exercise needed before making a final care order and the scrutiny expected from a circuit judge in care proceedings appeals) - G (Children) [2013] EWCA Civ 1017
Judgments (14/08/2013)
Father’s appeal against costs order made in s.8 Children Act 1989 proceedings - G v B [2013] EWHC 3414 (Fam)
Judgments (27/11/2013)
Application by wife for financial remedies where the main assets were the former matrimonial home and the resources available to the husband from a Liechtenstein foundation. Periodical payments order made. - G v P [2013] EWCC
Judgments (28/02/2013)
Application in the county court under Matrimonial Causes Act 1973, s 33 for an order for repayment of overpaid maintenance. Consideration as to whether an order must be ‘subsisting for the purposes of the section. Application granted. - G-C (A Child) [2013] EWCA Civ 301
Judgments (10/04/2013)
Private children law: order for visiting contact to be extended to staying contact despite Cafcass recommendation (in oral evidence, which differed from his written report) to the contrary; Mother’s appeal allowed. - GB (Children) [2013] EWCA Civ 164
Judgments (03/04/2013)
Application by mother for permission to appeal a refusal by the judge to adjourn care proceedings in order that she might seek alternative legal representation. Application granted but appeal dismissed. - GB v RNB [2013] EWHC 414 (Fam)
Judgments (06/03/2013)
Appeal by mother against the registration in this jurisdiction of a Romanian court order granting the care of R to his father until proceedings in Romania were finalised. Appeal dismissed. - GE v KE & Another [2013] EWHC 1938 (Fam)
Judgments (09/04/2014)
Application for a declaration as to the subsistence of a customary marriage in the Igbo culture of Nigeria. Application refused. - Grocholewska-Mullins v Mullins [2013] EWCA Civ 1121
Judgments (18/09/2013)
Applicant for permission to appeal an order for capitalised maintenance in the context of an application to vary a maintenance order of £12,000 pa made in June 2011. - H (A Child) EWCA Civ 72
Judgments (13/02/2013)
Appeal against a “relaxation” of restrictions to an interim contact order in the absence of a fact finding hearing. - H v G (Adoption Appeal) [2013] EWHC 2136 (Fam)
Judgments (21/07/2013)
Appeal by mother against an adoption order. Consideration of the test for granting permission to appeal. Appeal dismissed. - H v W [2013] EWHC 4105 (Fam)
Judgments (21/01/2014)
Appeal in financial remedy proceedings against an award in favour of a wife which included 25% of the husband's future bonuses. Appeal allowed and cap imposed of £20,000 pa. - H, R (on the application of) v Kingston Upon Hull City Council [2013] EWHC 388 (Admin)
Judgments (15/04/2013)
Judicial review of the local authority’s decision to remove children, subjects of interim care orders, from the care of paternal grandparents. Declaratory relief granted. - Hamilton v Hamilton [2013] EWCA Civ 13
Judgments (24/01/2013)
Appeal by the husband against the variation of an order made by consent, which had been held to be an order for the payment of a lump sum in instalments. Appeal dismissed. - HB v PB, OB and LB of Croydon [2013] EWHC 1956 (Fam)
Judgments (10/07/2013)
High Court application within private Children Act proceedings for a costs order against a non party local authority. - Hertfordshire County Council v H [2013] EWHC 4049 (Fam)
Judgments (09/01/2014)
Application by local authority to withdraw care proceedings in circumstances where threshold not met. - HJ (A Child) [2013] EWHC 1867 (Fam)
Judgments (03/07/2013)
Application by the Health Services Executive of Ireland for the transfer of public law proceedings to England and Wales under Art 15 of Brussels (II) Revised - I (A Child) & J (A Child) [2013] EWCA Civ 259
Judgments (27/03/2013)
Leave to appeal granted for both cases, the issue being whether habitual residence can be changed by those with parental responsibility summarily removing the children from the jurisdiction. - IA (A Child) [2013] EWHC 2499 (Fam)
Judgments (22/08/2013)
Composite finding of fact and welfare hearing in relation to a five month old child. Consideration of the requirements of an expert's report. - IH (A Child) (Permission to Apply for Adoption) [2013] EWHC 1235 (Fam)
Judgments (15/05/2013)
Application for permission to apply to adopt a child where the child had not lived with the applicants for three years out of the five preceding the application and the child's visa to the UK had expired. Permission refused. - In the Matter of A (Children) (AP) [2013] UKSC 60
Judgments (09/09/2013)
Appeal by mother against refusal to make a child a ward of court on the grounds that he had never been in the jurisdiction. Appeal allowed. - In the Matter of an application by Her Majesty’s Solicitor General for the committal to prison of Jennifer Marie Jones for alleged contempt of court [2013] EWHC 2579 (Fam)
Judgments (22/08/2013)
Application heard by the President of the Family Division by HM Solicitor General for a mother’s committal to prison for alleged contempt of court for failure to comply with an order within Hague Convention proceedings - In the matter of B (A Child) [2013] UKSC 33
Judgments (12/06/2013)
Appeal to the Supreme Court by parents concerning the application of the criteria for making a care order under section 31 of the Children Act 1989 when the risk is of future psychological or emotional harm, and the role of the appellate courts once the trial judge has made an order. Appeal dismissed (Baroness Hale of Richmond dissenting). - In the Matter of J (Children) [2013] UKSC 9
Judgments (20/02/2013)
Supreme Court. Appeal by local authority concerning whether a child can be regarded as 'likely to suffer' harm for the purposes of s 31(2) of the Children Act 1989 if another child has been harmed in the past and there is a possibility that the parent now caring for him or her was responsible for the harm to the other child. The Supreme Court unanimously dismissed the appeal. Lady Hale gives the main judgment, Lord Wilson and Lord Sumption disagreeing on one point. - In the Matter of KL (A Child) [2013] UKSC 75
Judgments (04/12/2013)
Appeal by a father to the Supreme Court in proceedings under the Hague Convention and the Court’s inherent jurisdiction, concerning the approach to be taken by the UK courts towards the return of a child brought to the UK pursuant to a foreign order, which is later overturned on appeal. - In the Matter of L and B (Children) [2013] UKSC 8
Judgments (20/02/2013)
Supreme Court. Appeal by father concerning whether and in what circumstances a judge who has announced her decision in civil or family proceedings is entitled to change her mind. Appeal unanimously allowed. - In the Matter of LC (Children); In the Matter of LC (Children) (No 2) [2014] UKSC 1
Judgments (15/01/2014)
Supreme Court judgment as to whether in Hague Convention 1980 proceedings the court may take account of a child's state of mind in determining his habitual residence; and whether the child should made be made a party to the proceedings. - J (A Child) [2013] EWCA Civ 1100
Judgments (04/09/2013)
Application by a grandmother, who had sought a special guardianship order, for permission to appeal against a final care order and placement order in respect of her grandson. Application granted and care and placement orders stayed pending the appeal. - J (A Child) [2013] EWCA Civ 1685
Judgments (18/12/2013)
Appeal by a mother, acting in person, against final care orders on both procedural and substantive grounds. Appeal dismissed. - J v G [2013] EWHC 1432 (Fam)
Judgments (29/05/2013)
Application for parental orders under s.54 of the Human Fertilisation and Embryology Act 2008 re. twins born following a Californian surrogacy arrangement - Jefferson v O'Connor [2013] EWCA Civ 38
Judgments (29/01/2014)
Appeal by wife against of stay of English divorce proceedings following agreement by the parties that she should abandon the English proceedings. Held, applying Art 19 of Brussels IIR, that the enforcement of any agreement as to jurisdiction was prohibited. Appeal allowed. - JO v GO & Ors [2013] EWHC 3932 (COP)
Judgments (20/12/2013)
Application in the Court of Protection by daughter for the return of her 88 year old mother, who lacked mental capacity, to return to England and Wales from Scotland. - Joyce v Joyce [2013] EWHC 1353 (Fam)
Judgments (26/09/2013)
Finding of contempt of court for father in breach of orders to return children to Ireland. Sentenced to 6 months imprisonment. - K (A Child) [2013] EWCA Civ 895
Judgments (29/07/2013)
Care proceedings appeal in which Court of Appeal gives guidance on the proper construction of Article 15 of the Regulation Brussels II Bis. - K (A Child: Wardship: Publicity) [2013] EWHC B11 (Fam)
Judgments (01/08/2013)
Judgment determining the wish of the parents of a 16 year old who had previously been made a ward of court, to be able to discuss the case with the media - K (Children) [2013] EWCA Civ 1776
Judgments (21/05/2014)
Father’s appeal against an order for reduced contact and in relation to case management issues regarding experts. - K v D (Committal - Application to Strike Out) [2013] EWHC 796 (Fam)
Judgments (17/07/2013)
Application to strike out a committal application for failure to comply with disclosure order arising from a child abduction. Application dismissed. - K v London Borough of Brent [2013] EWCA Civ 926
Judgments (31/07/2013)
Grandmother’s appeal allowed, care order set aside and re-hearing ordered, because the Judge at first instance had failed to analyse the benefits and detriments of the placement options for a child and the Local Authority had failed to provide such evidence. - Kent County Council v IS & Ors [2013] EWHC 2308 (Fam)
Judgments (31/07/2013)
Care proceedings in the High Court involving Slovakian Central Authority and operation of Article 56 of EC Council Regulation 2201/2003 - Kent County Council v. PA-K and IA (a child) [2013] EWHC 578 (Fam)
Judgments (15/03/2013)
International adoption – Clarification of implementation of English welfare plans in the USA. Consideration of apparent divergence of case law re “ordinary residence” and s.105(6) CA 1989 “disregard” provision. - Kinderis v Kineriene [2013] EWHC 4139 (Fam)
Judgments (15/01/2014)
Judgment in proceedings arising from an application by the father for the return to Lithuania of his child who had been brought to the UK by the mother, without the father’s consent. Issues arising as to the mother’s need of legal representation and its funding. - King's Lynn and West Norfolk Council v Bunning [2013] EWHC 3390 (QB)
Judgments (24/06/2015)
Judgment in respect of an application for exceptional funding for legal aid in order to obtain legal representation in proceedings concerning alleged contempt of court. - Kremen v Agrest [2013] EWCA Civ 41
Judgments (06/02/2013)
Appeal by the intervener against an order refusing to make a charging order over a property which was beneficially owned by the husband and which represented the only available asset which might be used by him to satisfy an order to pay a lump sum to his wife. Appeal dismissed. - KS v ND (Schedule 1: Appeal: Costs) [2013] EWHC 464 (Fam)
Judgments (12/03/2013)
Mother’s appeal in Schedule 1 to the Children Act 1989 case in respect of orders capping the amount of school fees payable by the father for the parties’ 17 year old son and making no order for costs. - L (A Child) [2013] EWCA Civ 1778
Judgments (24/01/2014)
Appeal against a judge’s decision that a 13-year old who alleged sexual abuse should not give evidence at a fact-finding hearing of those issues. Appeal allowed on procedural grounds. - L (A Child) [2013] EWCA Civ 489
Judgments (09/05/2013)
Appeal by mother against an interim care order which sanctioned the continued removal of her 4 month old baby from her care. Appeal allowed and an interim supervision order substituted. - L-R (Children) [2013] EWCA Civ 1129
Judgments (18/09/2013)
Appeal from a sentence for contempt of court in the context of care proceedings - LA v DG & Ors [2013] EWHC 734 (Fam)
Judgments (28/03/2013)
Care proceedings – chronic neglect – Slovak Roma family – care plans for adoption – application for intervener status by Slovak Central Authority - LA v FM [2013] EWHC 4671 (Fam)
Judgments (07/05/2014)
Application for a short focussed adjournment allowed to enable the mother to consider the findings of the court (that the father had caused the death of a child and perpetrated domestic violence) and acknowledge the risk presented to her and the children by their father. - LA v FM [2013] EWHC 4672 (Fam)-1
Judgments (08/05/2014)
Final care and placement orders made after short adjournment allowed to enable the mother to consider the findings of the court made against herself and the father of the children. - LA v ML & Ors [2013] 2062 (Fam)
Judgments (04/08/2013)
Issue of jurisdiction arising in care proceedings – consideration of whether Court had jurisdiction under Articles 8 or 13(1) BIIR – whether to transfer case pursuant to Article 15 - LA v ML & Ors [2013] 2063 (Fam)
Judgments (04/08/2013)
Fact-finding hearing concerning causation of injuries to child’s back – further consideration of whether case should be transferred to Slovakia under Art 15 BIIR - Lancashire County Council v R and W [2013] EWHC 3064 (Fam)
Judgments (25/10/2013)
Judgment in fact-finding hearing concerning a child who had suffered a serious head injury where the local authority claimed that the father had deliberately injured her and he claimed that the injury was accidental. Held, after hearing several expert witnesses, that that the father’s account was more likely than not to be correct. - LB of Islington v Ramsey [2013] EWHC 2718 (Fam)
Judgments (09/09/2013)
Application by a local authority for committal of a father for contempt of court arising from the breach of a collection order in respect of his son. Contempt proved. - LB of Islington v Williams & Another [2013] EWHC 2692 (Fam)
Judgments (09/09/2013)
Application by a local authority for committal of a mother for contempt of court arising from the breach of a collection order in respect of her son. Contempt proved. - LB of Islington v Williams & Another [2013] EWHC 2693 (Fam)
Judgments (09/09/2013)
Sentencing of a mother for contempt of court arising from a breach of a collection order in respect of her son. - LB v The London Borough of Merton [2013] EWCA Civ 476
Judgments (02/05/2013)
Appeal of placement order on the basis that it had not been permissible for the local authority to go to its adoption panel, or for the Court to make a placement order, in circumstances where the child was not subject of an interim care order but accommodated under s 20. - LC (Children) [2013] EWCA Civ 1058
Judgments (10/10/2013)
Appeal by father in proceedings under the Hague Convention against an order for the return of four children to Spain where it had been held that Spain was the habitual residence of the children. Appeal in respect of habitual residence dismissed but the case was remitted to the Family Division because the judge had failed to give sufficient weight to the length of time the eldest child had spent in England and her objections to returning to Spain. - LCG v RL [2013] EWHC 1383 (Fam)
Judgments (19/06/2013)
Application by a Spanish mother pursuant to the Hague Convention and Article 11 of the Council Regulation 2201/2203 for the return of her four children after they were wrongful retained by the British father after a holiday. Consideration given to the correct approach to the exercise of a court’s discretion when an older child objects to the return. Application granted. - London Borough of Camden v Caratt & Others [2013] EWHC 2336 (Fam)
Judgments (07/08/2013)
High Court decision that Brussels II revised does not apply to jurisdictional disputes or issues arising between the different UK jurisdictions - London Borough of Ealing v Connors [2013] EWHC 3493 (Fam)
Judgments (13/11/2013)
Judgment relating to committal for contempt arising from the breach by a mother of a collection order made in care proceedings. - M (A Child) [2013] EWCA Civ 1131
Judgments (18/09/2013)
Appeal against direction for paternity testing made within Hague Convention proceedings. - M (A Child) [2013] EWCA Civ 743
Judgments (27/06/2013)
Appeal by father against a determination that he was in contempt of court in private children proceedings. Appeal dismissed. - M (Children) [2013] EWCA Civ 1147
Judgments (25/09/2013)
Appeal against order refusing father's contact with his three sons, aged 7, 5 and 3. Appeal allowed, order set aside and case remitted for rehearing. - M (Children) [2013] EWCA Civ 1170
Judgments (10/10/2013)
Appeal against the trial judge’s refusal to make findings against an intervener, but not against the order made by the trial judge. Appeal dismissed because there was no judgment, order or determination for appeal. - M (Children) [2013] EWCA Civ 388
Judgments (24/04/2013)
Appeal against findings of fact in private law children proceedings. Appeal dismissed. - M v F and H [2013] EWHC 1901 (Fam)
Judgments (23/07/2013)
Application by mother for a declaration under s 55A of the Family Law Act 1986 that the respondent is the legal parent of her child. Declaration granted. Consideration of aspects of the HFEA 2008. - M v M [2013] EWHC 2534 (Fam)
Judgments (15/08/2013)
Wife’s application for an order for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984 in case with ascertainable assets of over £107 million - M v M [2013] EWHC 3372 (Fam)
Judgments (24/11/2013)
Application by wife for indemnity costs followings findings amounting to serious litigation misconduct by the husband and respondent companies in proceedings under Part III of the Matrimonial and Family Proceedings Act 1984. Applications granted. - MAP v RAP [2013] EWHC 4784 (Fam)
Judgments (27/08/2014)
Application for permission to appeal a consent order primarily on the ground that the wife had lacked capacity at the relevant time. - Matthews v Matthews [2013] EWCA Civ 1874
Judgments (26/03/2014)
Financial remedies appeal against dismissal of the wife’s application for nominal spousal maintenance - MET v HAT [2013] EWHC 4247 (Fam)
Judgments (19/01/2014)
Application by wife for interim financial provision for herself and two children in proceedings in which the parties dispute the validity of a non-proceedings divorce, in the husband's home country, entitled to recognition in this country. - MF v LB of Brent & Ors [2013] EWHC 1838 (Fam)
Judgments (04/07/2013)
Application for a contact order opposed by proposed adoptive parent. Court made adoption order but also made limited contact order. - Mittal v Mittal [2013] EWCA Civ 1255
Judgments (20/10/2013)
Long-awaited judgment of the Court of Appeal regarding the impact of the ECJ decision in Owusu v Jackson [2005] QB 801 on the power of the English court to stay divorce proceedings on the grounds of forum non conveniens. - ML v KW and Anor [2013] EWHC 341 (Fam)
Judgments (07/03/2013)
Finding of fact hearing within wardship and contact proceedings, allegations of domestic violence found to be proven. - MO v RO & Anor [2013] EWHC 392 (Fam)
Judgments (24/04/2013)
Application for a declaration of marital status under the Family Law Act 1986 s. 55(1)(a). Held that there had not been a marriage. - Mohan v Mohan [2013] EWCA Civ 586
Judgments (29/05/2013)
Admissibility of documents and statements made within enforcement of financial remedy orders. - Morris v Donaldson [2013] EWHC 4257 (QB)
Judgments (23/01/2014)
Application by former cohabitant for orders concerned with the removal of his property from the defendant's home. - MR (A Child) [2013] EWHC 1156 (Fam)
Judgments (22/05/2013)
Welfare hearing following fact finding hearing. Consideration of mother's application for further assessment. - Muema v Muema [2013] EWHC 3864 (Fam)
Judgments (12/12/2013)
Application by husband under s.37(2)(b) MCA 1973 to set aside a notice to quit a council tenancy which had been signed by the wife - Mulcahy v Castles Solicitors [2013] EWCA Civ 1686
Judgments (16/01/2014)
Appeal against claim for professional negligence of solicitors in ancillary relief proceedings. Appeal dismissed. - N v B & Ors [2013] EWHC 820 (Fam)
Judgments (01/08/2013)
Application by maternal grandmother for adoption orders in respect of two children aged 9 and 3, following the murder of the mother by the father - N v C [2013] EWHC 399 (Fam)
Judgments (25/03/2013)
Application for financial relief by mother under Schedule 1 to the Children Act 1989 where the parties' child resided with the father. Claim dismissed. - N v K [2013] EWHC 2774 (Fam)
Judgments (18/09/2013)
Jurisdiction and habitual residence. Florida court found England did not have jurisdiction. High Court found child habitually resident in England and Wales and that it did have jurisdiction. Re A (Children) [2013] UKSC 60 applied. - NN v ZZ & Ors [2013] EWHC 2261 (Fam)
Judgments (25/09/2013)
Mr Justice Peter Jackson sets out principles as to how evidence from non-English speakers should be obtained - NP v KRP [2013] EWHC 694 (Fam)
Judgments (19/07/2013)
Application for a declaration of non-recognition, under section 55 of the Family Law Act 1986, of a marriage conducted in India. Application dismissed. - O (Minors) [2013] EWHC B44 (Fam)
Judgments (03/09/2014)
Fact finding in care proceedings in respect of two children of whom one had a Vitamin D deficiency; no findings of non-accidental injury made against either parent. - O v O [2013] EWHC 2970 (Fam)
Judgments (10/10/2013)
Application under Hague Convention for return of a child to a third country, not the country of the child’s previous residence, pursuant to an agreement between the parents. Application successful. - OC & OE (Children) [2013] EWCA Civ 162
Judgments (03/04/2013)
Mother’s appeal against interim care orders made in respect of her two youngest children. - P (A Child) [2013] EWCA Civ 963
Judgments (04/08/2013)
This was an appeal by a father (F) against a number of orders that had been made in care proceedings concerning his child, L. - P -S (Children) [2013] EWCA Civ 223
Judgments (22/03/2013)
Appeal by a child who had been denied the opportunity to give oral evidence in care proceedings. Appeal dismissed. - PC & Anor v City of York Council [2013] EWCA Civ 478
Judgments (09/05/2013)
Court of Protection judgment concerning (1) whether the question of capacity is issue specific or person specific and (2) the relationship between capacity to marry and capacity to cohabit. - PM v MB & Anor [2013] EWCA Civ 969
Judgments (07/08/2013)
Appeal against dismissal of a father’s applications for parental responsibility, direct contact and against the making of a s.91(14) order. - Prest v Petrodel Resources Limited and others [2013] UKSC 34
Judgments (12/06/2013)
Appeal to the Supreme Court by a wife concerning properties vested in several companies and whether they could be treated in ancillary relief proceedings as beneficially belonging to the husband. Appeal allowed unanimously. - R (A Child) [2013] EWCA Civ 1115
Judgments (09/09/2013)
Appeal from grant of temporary leave to remove from the jurisdiction for holiday to a non-Hague convention country - R (Children) [2013] EWCA Civ 1018
Judgments (14/08/2013)
Appeal by mother against Care and Placement orders - R (Children) [2013] EWCA Civ 1240
Judgments (24/10/2013)
Application by mother to appeal placement orders made in 2012. Delays in matter coming before the court. Pragmatic way forward agreed. - R (on the application of ES) v LB of Barking & Dagenham [2013] EWHC 691 (Admin)
Judgments (03/04/2013)
Application for judicial review of a Local Authority’s refusal to assess a child’s needs for the purpose of providing accommodation and support under section 17 Children Act 1989 - R (on the application of KA) v Essex County Council [2013] EWHC 43 (Fam)
Judgments (23/01/2013)
An application for judicial review on the local authority’s withdrawal of support under the Children Act 1989 pending a removal by the UK Border Agency. - R (on the application of T) v Legal Aid Agency [2013] EWHC 960 (Admin)
Judgments (02/05/2013)
Successful judicial review of the Legal Aid Agency’s decision to refuse to pay the full costs of a parenting assessment within public law proceedings. - R (on the application of X) v London Borough of Tower Hamlets [2013] EWHC 480 (Admin)
Judgments (14/03/2013)
Judicial review of local authority policy on payments to family and friends foster carers. Policy declared unlawful. - R (ota N) v LB of Newham [2013] EWHC 2475 (Admin)
Judgments (22/08/2013)
Judicial review of decisions by local authorities not to provide accommodation and support to children aged 6 and 4 together with their parents. Claims for judicial review failed. - R (ota X) v London Borough of Tower Hamlets [2013] EWCA Civ 904
Judgments (04/08/2013)
Local Authority appeal against declaration that its policy on payments to family and friends foster carers was unlawful - R v A [2013] EWHC 692 (Fam)
Judgments (11/04/2013)
Application by father under the Hague Convention for the reurn of children to USA; issue as to whether the children had come to the UK on a conditional or time-limited basis, or as a planned family relocation. Application granted. - R v R and Others [2013] EWHC 4244 (Fam)
Judgments (10/01/2014)
Judgment by the President of the Family Division continuing an injunction against the husband in financial remedy proceedings by which he was restrained from competing with the family company of which he was a shadow director. - Ramnarine v Ramnarine [2013] UKPC 27
Judgments (07/08/2013)
Appeal by former wife from the Court of Appeal of Trinidad and Tobago to the Privy Council in proceedings for financial relief following divorce on the basis of gross delay. Appeal dismissed. - RCW v A Local Authority [2013] EWHC 2129 (Fam)
Judgments (18/07/2013)
Adoption order made in favour of a woman suffering from visual impairment. - RCW v A Local Authority [2013] EWHC 235 (Fam)
Judgments (14/02/2013)
Urgent application for injunctive relief under section 7 of the Human Rights Act 1998 to prevent the local authority from removing a child from a prospective adopter due to the prospective adopter’s loss of sight after an operation. - Re A & B (Parental Order Domicile) [2013] EWHC 426 (Fam)
Judgments (08/03/2013)
Application for a parental order granted. Applicants had discharged the burden on them of proving the abandonment of their domicile of origin and the acquisition of a domicile of choice. - Re A (A Child) (Vulnerable Witness) [2013] EWHC 1694 (Fam)
Judgments (19/06/2013)
Judgment relating to the giving of oral evidence by a vulnerable individual. - Re A (A Child) [2013] EWHC 3502 (Fam)
Judgments (18/12/2013)
Judgment in a retrial of a fact-finding hearing in which guidance is given for such hearings when one or other parent suffers from a learning disability. - Re A (Children) [2013] EWCA 1611
Judgments (20/12/2013)
Local Authority appeal against ‘conditions’ attached by trial judge to placement orders within care and adoption proceedings with mother’s cross-appeal to discharge the placement orders if the local authority’s appeal succeeded. - Re A and B (Children) [2013] EWHC 4150 (Fam)
Judgments (20/11/2014)
Private children law application between two same sex couples with local authority involvement considering whether the children should be removed to foster care and the issue of interim contact to the fathers - Re A and B (Children) [2013] EWHC B22 (Fam)
Judgments (28/11/2013)
Judgment, in care proceedings concerning a child who had ied and another who had suffered injuries, relating to fact-finding hearings and arrangements for a final (welfare) hearing. - Re AD and AM (Finding of Fact - Non-accidental Injury) [2013] EWHC 4859 (Fam)
Judgments (02/03/2016)
Fact-finding concluding that the mother caused life-threatening injuries to 10 month old baby. - Re AI and MT [2013] EWHC 100 (Fam)
Judgments (30/01/2013)
Judgment in a case where the Jewish parties agreed to be bound by an arbitration decision by a Beth Din, detailing the court’s approach to such arbitrations and the circumstances in which the court may be willing to approve an order agreed through such religious arbitration. - Re AK and MK (Fact Finding) (Physical Injuries) [2013] EWHC 3158 (Fam)
Judgments (25/10/2013)
Fact finding hearing in care proceedings to establish the cause of injuries suffered by a six month old girl. - Re Al-Hilli (Children) [2013] EWHC 2190 (Fam)
Judgments (29/07/2013)
Judgment concerning the media reporting of care proceedings concerning two children whose parents and grandmother had been killed. - Re Al-Hilli (Children) [2013] EWHC 2299 (Fam)
Judgments (29/07/2013)
Summary of judgment in care proceedings involving two children whose parents and grandmother had been killed. - Re Avon, North Somerset and Gloucestershire Public Law Case (2013) No 1 [2013] EWCC 4 (Fam)
Judgments (27/09/2013)
Judgment identifying a number of failings in care proceedings and providing important guidance as to how this could be avoided - Re B (Secure accommodation: Inherent jurisdiction) (No. 1) [2013] EWHC 4654 (Fam)
Judgments (14/04/2014)
Application by local authority for a secure accommodation order under the inherent jurisdiction of the court in respect of a 17 year old girl. Leave granted to the local authority to apply for relief under the inherent jurisdiction. - Re B (Secure accommodation: Inherent jurisdiction) (No. 2) [2013] EWHC 4655 (Fam)
Judgments (14/04/2014)
Order to continue a secure accommodation placement of a 17 year old pursuant to the inherent jurisdiction. - Re B [2013] EWCA Civ 964
Judgments (14/08/2013)
Appeal to decide if a child is a "looked after" child for the purposes of funding - Re B-S (Children) [2013] EWCA Civ 1146
Judgments (18/09/2013)
Appeal by mother against the refusal to grant her leave to oppose the adoption of two of her children. Appeal dismissed. - Re C (A Child) [2013] EWHC 2408 (Fam)
Judgments (07/08/2013)
High Court application for parental order – USA surrogacy arrangement - consideration of s.54 HFEA 2008 criteria including s.54(8) concerning payments - Re C (A Child) [2013] EWHC 2413 (Fam)
Judgments (07/08/2013)
High Court application for parental order - Russian surrogacy arrangement - consideration of s.54 HFEA 2008 criteria including s.54(8) concerning payments. - Re C (Children) [2013] EWCA Civ 1158
Judgments (02/10/2013)
Application by a mother for permission to appeal against a refusal of permission to appeal against care and placement orders. Application dismissed.The President of the Family Division makes trenchant comments abouts the delays in obtaining transcripts. - Re D (A Child) [2013] EWHC 4078 (Fam)
Judgments (22/12/2013)
Care proceedings in which the mother requested a transfer of the proceedings to the courts of the Czech Republic. - Re D (Leave to Oppose Making of Adoption Order) [2013] EWCA Civ 1480-1
Judgments (27/11/2013)
Appeal by mother against refusal of leave to oppose adoption order pursuant to s.47(5) Adoption and Children Act 2002. Re B-S applied, Appeal dismissed. - Re Davies [2013] EWHC 3294 (Fam)
Judgments (31/10/2013)
Contempt proceedings in respect of three members of family of a woman, who had removed her daughter from the jurisdiction, for their failure to divulge the whereabouts of the child. All three family members held to be in contempt. Sentencing adjourned. - Re DF and GF [2013] EWHC 2607 (Fam)-1
Judgments (09/01/2014)
Hearing to decide whether a placement order or a special guardianship order should be made in relation to a family placement. - Re E (A Child) [2013] EWHC 2400 (Fam)
Judgments (07/08/2013)
Application for leave to withdraw proceedings after lengthy fact-finding hearing and consideration of grounds for emergency removal of child - Re E [2013] EWCA Civ 1614
Judgments (31/01/2014)
Appeal by mother against care and placement orders made in respect of her youngest child. Held that adoption was not a proportionate outcome. Accordingly, the appeal was allowed, the adoption order was set aside and the care order was replaced with an interim care order. - Re G (A Child) [2013] EWHC 4017 (Fam)
Judgments (28/01/2014)
Application by mother to vary an agreed order made in England concerning the shared residence of her child where there were subsequent proceedings in Italy. The court held that the original English proceedings had been concluded and that the Italian court might have jurisdiction and be properly seised. Accordingly, the later English proceedings were stayed. - Re G (A Minor); Re Z (A Minor) [2013] EWHC 134 (Fam)
Judgments (01/02/2013)
Factors which determine applications by “donor” fathers for leave to apply for s.8 orders where the children were born to, and cared for by, women who were recognised as joint parents pursuant to ss. 2, 45 and 48 of the Human Fertlilsation and Embryology Act 2008 - Re H (A Child) [2013] EWCA Civ 148
Judgments (14/03/2013)
Appeal by the mother against the refusal of a summary return of the child to Mexico. Appeal dismissed. - Re H, R and E (Children) [2013] EWHC 3857 (Fam)
Judgments (12/12/2013)
Application by father under the Hague Convention for the summary return of three children to the Netherlands. Arts 13a and 13b of the Convention argued by mother. Return order made. - Re H-L (A Child) [2013] EWCA Civ 655
Judgments (13/06/2013)
Appeal by mother in care proceedings against the refusal to permit her to instruct three expert medical witnesses. Appeal allowed and guidance given by the President concerning the test for permitting expert evidence to be adduced under r 25.1 of FPR 2010. - Re HA [2013] EWHC 3634 (Fam)
Judgments (18/12/2013)
Care proceedings in which the local authority sought a final care order and placement order. Orders made. - Re J & MM (Children) [2013] EWHC 1820 (Fam)
Judgments (17/07/2013)
Judgment of Jackson J on welfare issues in respect of care applications following a fact-finding hearing. - Re J & R (Children) [2013] EWHC 4100 (Fam)
Judgments (09/01/2014)
Application by parents within a Placement Order application to adduce further medical evidence to challenge findings against them that they had caused non-accidental injury to their son. - Re J (a child) (Learning Disabled Parent) [2013]
Judgments (22/05/2013)
Local Authority application for a supervision order in respect of a child, who it had been decided could remain in the care of his mother, with the appropriate support to be given to her to care for him in the light of her learning disabilities. - Re J (A Child) [2013] EWHC 2694 (Fam)
Judgments (05/09/2013)
Application for a contra mundum injunction to prohibit the publication or reporting of information relating to a child who was the subject of care proceedings - Re Jones (No 2) [2013] EWHC 2730 (Fam)
Judgments (09/09/2013)
Father’s renewed application for return of his children to Spain in circumstances where two of the children had expressed objection to returning - Re K (A Child: Wardship: Publicity) [2013] EWHC 2684 (Fam)
Judgments (05/09/2013)
Judgment in care proceedings concerning the parents' desire to discuss the case with the media. Order previously made that no party should discuss the case with the media without the leave of the court will be discharged from 1st January 2014. - Re K and HH (Children) [2013] EWHC 165 (Fam)
Judgments (06/02/2013)
Welfare hearing following from fact-finding hearing in which parents’ youngest child was found to have died as a result of non-accidental head injury and neither parent could be excluded as possible perpetrators – consideration of whether maternal grandparents could meet children’s needs or whether to make final care and placement orders - Re L (A Child) [2013] EWCA Civ 179
Judgments (20/03/2013)
Appeal by special guardians against an interim care order removing child from their care. Appeal dismissed. - Re L (Leave to Oppose Making of Adoption Order) [2013] EWCA Civ 1481
Judgments (27/11/2013)
Appeal by mother against refusal of leave to oppose adoption order pursuant to s.47(5) Adoption and Children Act 2002. Re B-S applied, Appeal allowed. - Re L and M (Children) [2013] EWHC 1569 (Fam)
Judgments (20/06/2013)
Retrial of finding of fact hearing. Additional medical expert evidence assisted in concluding there were fewer fractures to the child’s skull than originally thought. Parents still determined to have been the perpetrators of the injuries. - Re LM (A Child) [2013] EWHC 646 (Fam)
Judgments (28/03/2013)
Application, to which all parties consented, for the transfer of care proceedings from the Republic of Ireland to the English courts. The judgment considers the practicalities of achieving the transfer. - Re LRP (A Child) (Care Proceedings - Placement Order) [2013] EWHC 3974 (Fam)
Judgments (20/12/2013)
Judgment of Pauffley J following the final hearing of an application for placement orders in respect of a baby aged just 10 weeks. - Re MI (A Child) [2013] EWHC 1073 (Fam)
Judgments (17/07/2013)
Final hearing of an application for a care order where the court had to decide whether the child should return to the care of his mother or be placed in the family of his maternal great uncle, who lived in Belgium. - Re ML (Use of Skype Technology) [2013] EWHC 2091 (Fam)
Judgments (18/09/2013)
Judgment explaining the circumstances in which Skype and related technologies might be usefully employed in family proceedings involving witnesses in remote locations. - Re MM (A Child) (Long Term Fostering / Placement with Family Members) (Wishes and Feelings) [2013] EWHC 2697 (Fam)
Judgments (24/10/2013)
Welfare stage of care proceedings; disagreement of guardian with local authority as to appropriate plan; criticism of guardian in relation to her discussions with the child, which court found had resulted in emotional harm. - Re P (A Child) [2013] EWHC 4048 (Fam)
Judgments (19/12/2013)
Judgment in respect of application for reporting restriction order in the case of mother whose child was delivered by caesarean section following order of Court of Protection. Chronology of events set out. Order granted to prevent the identification of the child. - Re P [2013] EWHC 4037 (Fam)
Judgments (19/12/2013)
Application for reporting restriction order in the case of mother whose child was delivered by caesarean section following order of Court of Protection. Order granted to prevent the identification of the child. Fuller judgment to follow. - Re P-M [2013] EWHC 2328 (Fam)
Judgments (07/08/2013)
Final hearing in an application for a parental order under the Human Fertilisation and Embryology Act 2008. - Re S (A Child) [2013] EW Misc 2 (CC)
Judgments (23/05/2013)
Finding of Fact Hearing in Respect of a Number of Fractures Sustained by S aged 3 months - Re S (A Child) [2013] EWCA Civ 1254
Judgments (31/10/2013)
Appeal by a stepfather against a finding made in private law proceedings that he had sexually assaulted his step daughter. Appeal dismissed. - Re S (A Child) [2013] EWHC 647 (Fam)
Judgments (27/03/2013)
High Court - Jurisdiction, recognition and enforcement of foreign judgments in matrimonial and parental responsibility matters under EC Regulation 2201/2003 - Re S (Findings of Fact) [2013] EWHC 15 (Fam)
Judgments (23/01/2013)
Fact-finding hearing in private law proceedings – “honour” based violence - discussion of difficulties created by lack of corroborative evidence, unrepresented interveners and previous untrue statements provided by the mother. - Re SK [2013] EWHC (COP)
Judgments (11/07/2013)
Proceedings in the Court of Protection under the Mental Capacity Act 2005 concerning the residence of a mentally incapacitated adult and whether the order made should be a 'final' or 'interim'. - Re T (A Child: Article 15 of B2R) [2013] EWHC 521 (Fam)
Judgments (18/03/2013)
Proceedings in relation to a Slovakian mother, who is the subject of a care order in Slovakia, and her ten-month old son. Request made for transfer to Slovakian court. Art 15 of Brussels IIR applied and request granted. - Re TC and JC (Children: Relocation) [2013] EWHC 292 (Fam)
Judgments (26/02/2013)
Mother’s application for leave to permanently remove two young children to Australia. - Re TG (A Child) [2013] EWCA Civ 5
Judgments (22/01/2013)
Appeal by a father against a case management decision refusing him permission to instruct a biomechanical engineering expert in care proceedings pursuant to Part 25 of the Family Procedure Rules 2010. Permission to appeal granted but appeal dismissed. In dismissing the appeal, the President of the Family Division rehearsed the principles involved in appealing case management decisions. - Re UF [2013] EWHC 4289 (COP)
Judgments (17/01/2014)
Judgment in Court of Protection proceedings concerning an 84 year old woman detained under an authorisation by the court so that she was no longer eligible for non-means tested legal aid. - Re V (Children) [2013] EWCA Civ 913
Judgments (25/07/2013)
Appeal by local authority against order that children should remain in long-term foster care and the refusal of placement orders. Judge wrong to conclude that long-term fostering would serve the interests of the children. Appeal allowed. Black LJ made observations on differences between long-term fostering and adoption in terms of security. - Re W (A Child) [2013] EWHC 653 (Fam)
Judgments (28/03/2013)
8-day fact-finding and welfare hearing concerning allegations of sexual abuse to three children. Allegations found and care and placement orders made. - Re W (A Child); Re H (Children) [2013] EWCA Civ 1177
Judgments (18/10/2013)
Parents’ successful appeals against the making of orders refusing them permission to oppose the granting of adoption orders in relation to their children – Re B-S (Children) revisited and confirmed. - Re W (Fact Finding: Hearsay Evidence) [2013] EWCA Civ 1374
Judgments (06/11/2013)
Appeal by parents as to findings of fact made within care proceedings in which hearsay evidence had been adduced - Re W [2013] EWHC 1957 (Fam)
Judgments (11/07/2013)
Application by a local authority for permission to invoke the inherent jurisdiction of the High Court, with a view to the local authority seeking the revocation of an adoption order regarding a young girl. Permission refused. - Re W [2013] EWHC 3570 (Fam)
Judgments (28/11/2013)
Application in the High Court for a Parental Order - Consideration of s.54(8) HFEA 2008 criteria. - Re X (A Child) [2013] EWHC 689 (Fam)
Judgments (07/08/2013)
Application for adoption. Question as to definition of requirement of s42(3) Adoption and Children Act 2002 for child to “have his home” with applicant for 6 months preceding adoption application. - Re Y and Z (Minors) [2013] EWHC 953 (Fam)
Judgments (25/04/2013)
Application by local authority as to whether two children, who were the subject of care proceedings, should be tested for Huntington's disease. Held that it was not in the welfare interests of the children to be tested. - Re: E & F (Assisted Reproduction: Parent) [2013] EWHC 1418 (Fam)
Judgments (30/05/2013)
Cobb J considers the Human Fertilisation and Embryology Act 2008 and whether non-compliance with the statutory regime should result in a declaration that the partner was not the legal parent of the child. - RGB v Cwm Taf Health Board & Ors [2013] EWHC B23 (COP)
Judgments (05/12/2013)
Application to the Court of Protection by a husband of an elderly woman with dementia, seeking a series of declarations that the Health Board had acted unlawfully by preventing his wife from living with him and having contact with him. Applications refused. - RK v SV [2013] EWHC 4386 (Fam)
Judgments (12/02/2014)
Father’s application for extended contact and rescission of an order granting the mother leave to remove the child from the jurisdiction (he sought a residence order at the final hearing) - RO v Local Authority & Others [2013] EWHC B31 (Fam)
Judgments (04/02/2014)
High Court applications by father for residence and contact – mother deceased - S (A Child) & Ors v Nottingham City Council & Ors [2013] EWCA Civ 771
Judgments (03/07/2013)
Appeal by children's guardian against various aspects of a fact-finding as to who had perpetrated non-accidental injuries to the youngest child. - S (A Child) [2013] EWCA Civ 1073
Judgments (10/10/2013)
Appeal by mother against care and placement orders on the basis that the judge's orders were disproportionate. Appeal allowed and orders overturned. - S (A Child) [2013] EWCA Civ 1089
Judgments (04/09/2013)
Application by father for permission for a second appeal in care and placement proceedings. Application and stay of proceedings granted. - S (A Child) [2013] EWCA Civ 1835
Judgments (05/02/2014)
Appeal by mother against care order and authorisation to place S for adoption. Permission to appeal refusal of application for direct contact with Y. Appeal dismissed and permission to appeal refused. - S v S [2013] EWHC 991 (Fam)
Judgments (01/05/2013)
Judgment re. application to reopen financial remedy proceedings in a “big money” case in which Heads of Agreement and a Consent Order were approved by the court but the order was not yet sealed. - S-K (A Child) [2013] EWCA Civ 1247
Judgments (17/10/2013)
Application for permission to appeal residence and contact orders - permission granted in part - SA v BN [2013] EWHC 4417 (Fam)
Judgments (13/02/2014)
Application by father for parental responsibility and contact in respect of his 3 year old daughter, requiring a determination as to whether the child is alive or, as the mother and maternal grandfather asserted, the child had died. - Saward v Saward [2013] EWCA Civ 1060
Judgments (22/08/2013)
Application for permission to appeal decision to set aside a decree nisi on the basis the English court did not have jurisdiction because the husband was not habitually resident in England and was domiciled in Spain - Sekhri v Ray [2013] EWHC 2290 (Fam)
Judgments (26/07/2013)
International divorce in which the parties had spent a total of £860,000 in legal costs in three jurisdictions; dispute included the jurisdiction of England and Wales to hear the petition for divorce; consideration of whether either party domiciled in England and Wales - Shagroon v Sharbatly [2013] EWHC 3756 (Fam)
Judgments (29/11/2013)
Judgment of Parker J in proceedings brought by a wife (“W”) seeking monetary compensation for the breach of, and to otherwise enforce, undertakings given by a husband (“H”) in an order made by Kirkwood J in 2002 - Shami v Shami [2013] EWCA Civ 227
Judgments (20/03/2013)
Appeal by divorcing wife against the registration of charges upon a disputed property following matrimonial litigation in Israel. Appeal dismissed. - Shield v Shield [2013] EWHC 3525 (Fam)
Judgments (13/11/2013)
Wife’s application in financial remedy proceedings to remove a litigation friend who had been appointed by the court to act for a husband who lacked capacity - SK v TK [2013] EWHC 834 (Fam)
Judgments (20/08/2014)
First instance decision of Moor J in the wife’s application for a financial remedy, considering the husband’s arguments for a departure from equality on the grounds of special contribution, pre-acquired assets, and the risk of him retaining a shareholding in a company as his share of the assets. - Slutsker v Haron Investments Ltd & Anor [2013] EWCA Civ 430
Judgments (09/05/2013)
Appeal concerning beneficial ownership of property held on discretionary trust. - SMD v LMD [2013] EWHC 4611 (Fam)
Judgments (27/03/2014)
Fact-finding hearing in respect of child involved in proceedings relating to contact. - Smith v Bottomley [2013] EWCA Civ 953
Judgments (22/08/2013)
Appeal in TLATA proceedings concerning three properties (two of which were registered in the name of a company) between former cohabitants - Solomon v Solomon and Others [2013] EWCA Civ 1095
Judgments (09/09/2013)
Application for permission to appeal a costs order in the context of a s.37 application - Surrey County Council v Al-Hilli & Others [2013] EWHC 3404 (Fam)
Judgments (20/11/2013)
Judgment in final hearing in Section 31 proceedings to determine the legal basis for placement of two girls. Special guardianship orders made. - T (Children) [2013] EWCA Civ 618
Judgments (05/06/2013)
Application for permission to appeal against orders reducing father’s contact and an order not dealing with the application to change the child’s name. Permission granted and appeal allowed. - T v M [2013] EWHC 1585 (Fam)
Judgments (13/06/2013)
Appeal by husband against striking out of application to vary a maintenance order. Appeal dismissed. - T v S [2013] EWHC 2521 (Fam)
Judgments (01/10/2014)
Application to vary substantive order and for specific issue order re child’s dental treatment. Extent to which court should “micro manage” disputes between parents. - T v T [2013] EWHC B3 (Fam)
Judgments (17/04/2013)
Application by a husband to show cause why a separation agreement reached between the parties in 1991 should not be made an order of the court. Order incorporating the agreement granted. - TAQ v AA [2013] EWCA Civ 1661
Judgments (08/01/2014)
Application for permission to appeal against the dismissal of the appellant's application under section 21A Mental Capacity Act 2005, challenging the lawfulness of a Standard Authorisation made under Schedule A1 to the MCA authorizing a deprivation of liberty. Application dismissed on the grounds of absence of jurisdiction. - Tattersall v Tattersall [2013] EWCA Civ 774
Judgments (10/07/2013)
Appeal against an ancillary relief order made in the Principal Registry of the Family Division in which the judge had declined to make a Mesher order. - TB v DB [2013] EWHC 2274 (Fam)
Judgments (31/07/2013)
Fact-finding hearing of a mother’s allegations against a father of violence and failure to protect their child from abuse. Allegations not found. - TB v DB [2013] EWHC 2275 (Fam)
Judgments (31/07/2013)
Welfare hearing following fact-finding and concerning residence and contact in respect of a 5 year old child. Shared residence order discharged and replaced with a sole residence order in respect of the father with contact orders in favour of the mother. - Tchenguiz-Imerman v Imerman [2013] EWHC 3627 (Fam)
Judgments (27/11/2013)
Judgment in relation to the issue of disclosure concerning trusts following the conclusion of substantive financial remedy proceedings - TF v FF [2013] EWHC 390 (Fam)
Judgments (07/03/2013)
Wife’s application for permission to appeal a financial remedy order. Application granted only in respect of periodical payments order for the wife and subject to a condition that the costs recoverable by either party on the appeal be subject to a costs cap of £5000. - Thursfield v Thursfield [2013] EWCA Civ 840
Judgments (18/07/2013)
Appeal by defendant against committal to prison for contempt of court for breaches of a disclosure order ancillary to a freezing order. Appeal dismissed. - Tufail v Riaz [2013] EWHC 1829 (Fam)
Judgments (26/09/2013)
Judgment in divorce proceedings where the wife had issued a petition in England and the husband had adduced evidence of a divorce certificate issued in Pakistan. Wife's divorce petition stayed but no declaration made as to the validity of the divorce certificate. - TW v PL [2013] EWHC 3078 (Fam)
Judgments (11/10/2013)
Judgment approving agreement compromising an application for financial provision under Sch 1 to the Children Act 1989 notwithstanding the mother's breach of a term of the agreement. - UF v A Local Authority & Others [2013] - Note of Judgment in the Court of Protection
Judgments (08/12/2013)
Non-means tested legal aid restored, in effect, in cases under s21A of the Mental Capacity Act 2005. - UL v BK (Freezing Orders: Safeguards: Standard Examples) [2013] EWHC 1735 (Fam)
Judgments (25/06/2013)
Application by a wife in financial remedy proceedings for the continuation of an ex parte freezing order in respect of the husband's assets. Guidance provided (with the authority of the President) on the use, necessary safeguards and form of freezing and search orders in such cases. Principles established in Tchenguiz & Ors v Imerman also considered. - Vince v Wyatt [2013] EWCA Civ 495
Judgments (08/05/2013)
Husband’s appeal against refusal of his application to strike out ex-wife’s financial remedies claim which had been made over 18 years after decree absolute - W (A Child) [2013] EWCA Civ 314
Judgments (11/04/2013)
Appeal against an order permitting the suspension of contact between a mother and new born baby in care proceedings. - W (A Child) [2013] EWCA Civ 662
Judgments (13/06/2013)
Appeal by parents against findings of fact in respect of injuries to a ten-month old child. Appeal dismissed. - W (A Child) v Neath Port Talbot County Borough Council [2013] EWCA Civ 1227
Judgments (16/10/2013)
Appeal by mother against a care order opposed by both the local authority and mother. Appeal allowed. Appeal allowed. - W (Children) [2013] EWCA Civ 1488
Judgments (20/11/2013)
Judgment of the Court of Appeal on an appeal from an order that a child, D, aged rising 2, should have his name changed. - W (Children) [2013] EWCA Civ 335
Judgments (17/04/2013)
Appeal from order refusing applications for direct contact and parental responsibility. - Walsall MBC v KK & Anor [2013] EWHC 3192 (Fam)
Judgments (31/10/2013)
Application within care proceedings for the transfer of the proceedings and of the children themselves to the Slovak Republic under Art 15 of Brussels II Revised. Application dismissed. - Wiltshire Council v F and Others [2013] EWHC 2747 (Fam)
Judgments (20/11/2013)
Care proceedings concerning a child whose identity had been concealed by an elaborate deception by the people whom he believed to be his parents. Supervision order granted. - WX v YZ [2013] EWHC 2877 (Fam)
Judgments (26/09/2013)
Fact-finding hearing in proceedings in which each parent of a young boy sought a residence order and the mother also sought permission to relocate with him from England to Poland. - X Local Authority v Trimega Laboratories & Ors [2013] EWCC 6 (Fam)
Judgments (31/10/2013)
Application for wasted costs orders arising from an error made in a report after a blood alcohol testing. - Y (A Child) [2013] EWCA Civ 129
Judgments (06/03/2013)
Application for permission to appeal against a return order to Cyprus under the Hague Convention Child Abduction Convention 1988 where it was argued by the mother that undertakings given to the Cypriot court did not have the force of a court order. Application granted but appeal dismissed. - Y (A Child) [2013] EWCA Civ 1337
Judgments (06/11/2013)
Appeal by mother against care and placement orders made in respect of her twin daughters. Appeal dismissed and application remitted for re-hearing. - YLA v PM & MZ [2013] EWHC 3622 (Fam)
Judgments (05/12/2013)
Judgment in Court of Protection proceedings, brought by local authority, concerning vulnerable adult and care proceedings concerning child born to her. - Young v Young [2013] EWHC 34 (Fam)
Judgments (16/01/2013)
Application for committal of the respondent for breach of an order for disclosure. The respondent was committed to prison for six months. - Young v Young [2013] EWHC 3637 (Fam)
Judgments (24/11/2013)
Judgment in high-profile case in which the wife had applied for the full range of financial remedies and the husband had applied for variation of a maintenance pending suit order. Order made for payment by the husband of a lump sum of £20m. Husband's application dismissed. - Z & Ors v News Group Newspapers Ltd & Ors (Judgment 1) [2013] EWHC 1150 (Fam)
Judgments (05/06/2013)
Application under High Court’s inherent jurisdiction to restrict reporting of a criminal trial - Z & Ors v News Group Newspapers Ltd & Ors (Judgment 2) [2013] EWHC 1371 (Fam)
Judgments (05/06/2013)
High Court application to determine the continuation or discharge of a reporting restriction made in respect of a criminal trial - Z & Z, Re [2013] EWHC 747 (Fam)
Judgments (29/05/2013)
Application under the inherent jurisdiction for recognition of Brazilian adoption of two young children - Z v Y [2013] EWHC 3381 (Fam)
Judgments (24/01/2014)
Application by father under Hague Convention 1980 for the return of child, aged 13. Mother opposed the application on grounds of the child’s objections and grave hardship / intolerability. Application granted.