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2007 archive
- F & H (Children) [2007] EWCA Civ 880
Judgments (10/09/2007)
Application by father for permission to appeal care and placement orders. Application dismissed. - Re LM (Reporting Restrictions; Coroner’s Inquest) [2007] EWHC 1902 (Fam)
Judgments (12/08/2007)
Application by guardian, supported by the local authority, for reporting restrictions to be imposed on proceedings at coroner's inquest concerning the death of two children. The guardian was acting for the surviving third child of the family who is now up for adoption. - Sonia Slater (Administrator of the estate of Wakako Nishida deceased) v Robert Simm [2007] EWHC 951 (Ch)
Judgments (17/06/2007)
Application by administrators against the former partner of the deceased to determine the defendant's interest in three properties acquired by the couple during their relationship. - A (A Child) [2007] EWCA Civ 1058
Judgments (11/11/2007)
Application for permission to appeal with appeal to follow, findings following a preliminary fact-finding hearing. Application granted but appeal dismissed. - A (A Child) [2007] EWCA Civ 899
Judgments (26/04/2010)
Appeal against an order transferring residence from the mother to the father. Appeal dismissed. - A (Children) [2007] EWCA Civ 110
Judgments (26/02/2007)
Renewed application by parents for permission to appeal findings of fact that they had neglected and physically abused their children. Application dismissed. - A Council v B & Others [2007] EWHC 2395 (Fam)
Judgments (17/12/2007)
Judgment after fact finding hearing in care proceedings arising from allegations of domestic violence and sexual abuse. - A Council v B & Others [2007] EWHC 2395 (Fam): Schedule A
Judgments (19/12/2007)
Schedule to the main judgment in A Council v B & Others setting out the approach adopted by Charles J with regards to the standard of proof in this fact-finding judgment. - A Council v B [2007] EWHC 2688 (Fam)
Judgments (13/04/2008)
Further judgment following fact finding proceedings identifying the judge's concerns with the standard of proof in such cases. The case is now to go to the House of Lords. - A Local Authority v E,D & A [2007] EWHC 2396 (Fam)
Judgments (25/11/2007)
Application by a local authority under the inherent jurisdiction of the court for directions as to the future of a vulnerable person who has been in care and has now reached 18. - A Local Authority v SK & HK [2007] EWHC 1250 (Fam)
Judgments (17/06/2007)
Application by local authority to disclose information concerning care proceedings to another local authority where the respondent works. Limited permission given. - A v A [2007] EWHC 1810 (Fam)
Judgments (29/10/2007)
Judgment on costs issues arising from protracted ancillary relief proceedings. - A v A [2007] EWHC 99 (Fam)
Judgments (07/05/2007)
Judgment in ancillary relief proceedings where the wife argued that shares held in trusts were to be treated as part of the matrimonial assets. The wife was awarded just over 50% of the assets. - Abbott v Abbott (Privy Council Appeal No 142 of 2005) Delivered 26th July 2007
Judgments (11/01/2008)
Appeal by wife in the Privy Council against overturning of an order by the Court of Appeal of Antigua and Barbuda giving her a half share of the former matrimonial home, its furniture and some shares. Appeal allowed in respect of the house and furniture. - Adekunle & Ors v Ritchie [2007] EW Misc 5 (EWCC)
Judgments (31/01/2008)
Application by sister to find that her brother has no beneficial interest in a property that was their mother's only asset after she died intestate. - AJ (A Child) [2007] EWCA Civ 55
Judgments (12/02/2007)
Appeal against by parents against an order dispensing with the need for their consent to adoption on the grounds that it was being unreasonably withheld. Appeal dismissed. - Akinnoye-Agbaje v Akinnoye-Agbaje [2007] EWCA Civ 681
Judgments (07/07/2007)
Renewed application for permission to appeal by husband against an order allowing wife to make an application for financial relief under Part III of the Matrimonial Proceedings and Property Act 1984. Application refused. - AP v Vale of Glamorgan Council & Ors [2007] EWCA Civ 1265
Judgments (04/01/2008)
Application for permission to appeal, with appeal to follow, findings that the applicant's (AP) children were at significant risk of harm under s31(2) of the Children Act 1989. Application and appeal allowed. - Avis v Turner & Anor [2007] EWCA Civ 748
Judgments (22/07/2007)
Appeal by wife against an order allowing a trustee in bankruptcy to apply for an order for sale notwithstanding an agreement in ancillary relief proceedings that the matrimonial home could only be sold after specified events had occurred. Appeal dismissed. - B (A Child) [2007] EWCA Civ 1055
Judgments (11/11/2007)
Application for permission to appeal with appeal to follow, orders in contact and residence proceedings. Judgment set aside and sent for retrial. - B (A Child) [2007] EWCA Civ 1463
Judgments (27/01/2008)
Application for permission to appeal, with appeal to follow, refusal to grant separate representation for a 14 year old child who is the subject of contact proceedings in Norway and Hague Convention proceedings here. Appeal allowed. - B (A Child) [2007] EWCA Civ 556
Judgments (21/06/2007)
Appeal by parents against directions in care proceedings that prevented the instruction of an expert. Appeal allowed to limited extent. - B (Children) [2007] EWCA Civ 921
Judgments (15/09/2007)
Application by mother for permission to appeal, with appeal to follow, an indemnity costs orders made in the course of Children Act and ancillary proceedings in a case where she represented herself. Application successful and appeal allowed. - B Council v R & R [2007] EWHC 2742 (Fam)
Judgments (17/03/2008)
Judgment setting out reasons for renewing orders preventing publication of details of adoption proceedings, where the biological parents were deliberately trying to dissuade potential adopters. - B v B [2007] EWHC 2472 (Fam)
Judgments (26/11/2007)
Application for permission to appeal out of time an order in ancillary relief proceedings. Application refused. - B v B [2007] EWHC 594 (Fam)
Judgments (22/04/2007)
Appeal by husband against an order for ancillary relief and costs on the grounds that the judge had not accounted for his tax liabilities and debts which made the order manifestly unfair. Appeal dismissed. - B v B [2007] EWHC 789 (Fam)
Judgments (17/06/2007)
Application by father to strike out application by mother under Schedule 1 of the Children Act 1989 seeking settlement of property order and/or lump sum on behalf of their daughter. Application refused. - B v Reading Borough Council & Ors [2007] EWCA Civ 1313
Judgments (31/12/2007)
Appeal by local authority against refusal to strike out part of a claim for damages over alleged breaches of duty of care owed by a local authority when investigating a parent suspected of sexual abuse. Appeal allowed. - BBC v CAFCASS Legal & Ors [2007] EWHC 616 (Fam)
Judgments (12/05/2007)
Application by BBC seeking clearance to make a documentary about a couple who successfully resisted care proceedings. The application was successful but subject to conditions set out in the order which is part of the judgment. - Bentinck v Bentinck [2007] EWCA Civ 175
Judgments (11/03/2007)
Appeal by husband against directions in ancillary relief proceedings where there was dispute as to whether the Swiss or the English courts were first seised. Appeal allowed and directions set aside. - Berkeley v Bulliqi [2007] EWCA Civ 1101
Judgments (26/11/2007)
Application by the wife to bring a second appeal in ancillary relief proceedings. Application granted. - Brown v HM Queen Elizabeth The Queen Mother, The Executors of the Estate of & Ors [2007] EWHC 1607 (Fam)
Judgments (15/07/2007)
Application to open the wills of the late Queen Mother and Princess Margaret by a man claiming to be Princess Margaret's illegimate child. The wills had been sealed by an order of the former President of the Family Division. Application struck out as abuse of process. - C (A Child) [2007] EWCA Civ 1206
Judgments (02/12/2007)
Appeal by mother against a judgment requiring the local authority to investigate the possibility of finding a carer for her child, conceived after a one night stand, from within her own or the father's family when she expressly stated that she wanted the child adopted. Appeal allowed. - C (A Child) [2007] EWCA Civ 2
Judgments (14/01/2007)
Appeal by mother against a refusal to award compensation even though Hedley J had found that her Article 8 rights had been breached concerning the rehabilitation of her child. Appeal dismissed. - C (A Child) [2007] EWCA Civ 866
Judgments (26/08/2007)
Application for permission to appeal an order transferring residence from mother to father in an implacable contact case. Application granted but appeal dismissed. - Charman v Charman [2007] EWCA Civ 503
Judgments (24/05/2007)
Appeal by husband against an order providing the wife with a settlement of 36% of the matrimonial assets principally on the grounds that the award did not sufficiently recognize his special contribution. Appeal dismissed. - Chief Constable of Greater Manchester v KI & Ors [2007] EWHC 1837 (Fam)
Judgments (12/08/2007)
Application, under the inherent jurisdiction of the court, seeking an order or declaration to allow the Chief Constable to interview two children concerning the murder of their sister. A declaration was granted. - CR v CR [2007] EWHC 3334 (Fam)
Judgments (10/03/2008)
Judgment in ancillary relief proceedings with assets found to be worth £16m that involves both consideration of equality and compensation. The wife was awarded £9m. - Crossley v Crossley [2007] EWCA Civ 1491
Judgments (13/02/2008)
Application for permission to appeal, with appeal to follow, directions in ancillary relief proceedings refusing a wife full disclosure on Form E on the basis that a pre-nuptial agreement had been signed, in a short childless marriage, that stated that neither party would bring any application for financial provision. Application allowed but appeal dismissed. - CW (A Child) [2007] EWCA Civ 402
Judgments (20/05/2007)
Application for permission to appeal, by parents, an order that refused to grant them an injunction to stay implementation by a local authority of its care plan for the adoption of their daughter. Application refused. - D v D & Anor [2007] EWCA Civ 1277
Judgments (05/01/2008)
Appeal by father against a finding that contact orders made in the Romanian Courts between 2006 & 2007 were unenforceable in the UK under Brussels II Revised as Romania did not join the EU until 1 January 2007. Appeal dismissed. - D v D & B Ltd [2007] EWHC 278 (Fam)
Judgments (11/03/2007)
Application for ancillary relief where the husband was sole shareholder of a non trading holding company that owned several other companies and had offices in the basement of the matrimonial home. Both parties were seeking a clean break but no order was made. - D v S [2007] EWHC 363 (Fam)
Judgments (11/04/2008)
Applications under the Hague Convention, brought by the father, and the Children Act 1989 , brought by both mother and father, concerning the residence of their son. The father was given permission to return with the child to Mexico. - David Truex, Solicitor (A firm) v Kitchin [2007] EWCA Civ 618
Judgments (29/07/2007)
Appeal by solicitors against a decision requiring repayment of fees to the respondent on the grounds that she had not been informed that she could be eligible for legal aid. Appeal dismissed. - E v E [2007] EWHC 276 (Fam)
Judgments (11/03/2007)
Application by father for summary return of two of the four children of the marriage to Australia, where he had relocated, on the grounds that the mother had unlawfully retained them in the UK. The application was refused. - El Faragy v El Faragy & Ors [2007] EWCA Civ 1149
Judgments (19/11/2007)
Appeal against dismissal of an application to a judge to recuse himself from ancillary relief proceedings. Appeal allowed. - Ella v Ella [2007] EWCA Civ 99
Judgments (17/02/2007)
Application for permission to appeal by wife, with appeal to follow, against an order in ancillary relief proceedings that stayed proceedings in England to allow them to continue in Israel as required by a pre-nuptial agreement. Permission granted but appeal dismissed. - EN (A Child) [2007] EWCA Civ 264
Judgments (31/03/2007)
Appeals by paternal grandmother against refusal to grant her special guardianship order over the grandchild she had been caring for over three years, an order placing the child for adoption and refusal to make an order for contact. Appeals dismissed. - F (A Child) [2007] EWCA Civ 393
Judgments (07/05/2007)
Application to join a child to proceedings under the Hague Convention and Brussels II. Application refused. - F (A Child) [2007] EWCA Civ 468
Judgments (28/05/2007)
Appeal by mother in litigation concerning the custody of her child who she had been wrongfully retained in the UK after leaving the former matrimonial home in Spain. Appeal allowed. - F (A Child) [2007] EWCA Civ 810
Judgments (09/08/2007)
Application for permission to appeal with appeal to follow, by local authority against findings by trial judge that the parents had "no case to answer" regarding s31 Children Act threshold criteria. Application and proceedings reinstated. - F (Children) (DNA Evidence) [2007] EWHC 3235 (Fam)
Judgments (22/02/2008)
Judgment, delivered in open court, arising from issues around DNA testing in the course of a fact-finding hearing in a case of alleged sexual abuse. - F (Children) [2007] EWCA Civ 516
Judgments (04/06/2007)
Appeal by local authority against orders in proceedings concerning suspected physical abuse against the children. Appeal dismissed - F (Children) [2007] EWCA Civ 873
Judgments (28/08/2007)
Application for permission to appeal with appeal to follow by mother who is seeking to stop proceedings for a declaration of parentage order and contact by the biological father of her twins. Permission granted but appeal dismissed. - F v F [2007] EWHC 2543 (Fam)
Judgments (26/11/2007)
Judgment in contested contact and residence proceedings. - Forder v Forder [2007] EWCA Civ 29
Judgments (18/02/2007)
Appeal by a former business partner of a husband seeking to enforce a charge against the former matrimonial home, still occupied by the wife. Appeal granted to a limited extent. - G & B (Children) [2007] EWCA Civ 358
Judgments (28/04/2007)
Appeal by mother against placement orders on the grounds that the local authority should be made to assess her foster sister as a potential carer. Appeal dismissed. - G & K (Children) [2007] EWCA Civ 1291
Judgments (17/12/2007)
Appeal by mother against a care order proposing that her son should live with the maternal grandparents and contact should only be under local authority supervision while she undertakes a course of therapy. Appeal dismissed. - G (A Child) [2007] EWCA Civ 1054
Judgments (11/11/2007)
Application for permission to appeal, with appeal to follow, care and adoption placement orders that had been stayed by a previous hearing. Application refused. - G (A Child) [2007] EWCA Civ 395
Judgments (08/05/2007)
Appeal against care and placement orders. Appeal allowed. - G (Children) [2007] EWCA Civ 1497
Judgments (18/02/2008)
Application by father to appeal relocation order in a contact case involving a French father and German mother. Application refused. - Gull v Gull [2007] EWCA Civ 900
Judgments (10/09/2007)
Appeal against a committal order for breach of a non-molestation order that prevented the applicant from entering his mother's home. Sentence reduced from 2 years to 12 months. - H (Children) [2007] EWCA Civ 529
Judgments (04/06/2007)
Appeal by mother against an order overturning a residence order in her favour and replacing it with an interim residence order in favour of the father. Appeal allowed. - H v D & Ors [2007] EWHC 802 (Fam)
Judgments (16/04/2007)
Judgment provided at the request of counsel following an uncontested hearing in residence and contact proceedings. - H v H [2007] EWHC 459 (Fam)
Judgments (16/04/2007)
Judgment in big money case involving the division of substantial property built up over the course of a long marriage and the husband's future earnings. - Haines v Hill & Anor [2007] EWCA Civ 1284
Judgments (06/12/2007)
Appeal by wife seeking to set aside a declaration that the transfer of her ex-husband's beneficial interest in a matrimonial property was a transaction at an undervalue. Appeal allowed. - Hammerton v Hammerton [2007] EWCA Civ 248
Judgments (29/03/2007)
Appeal by husband against a committal order for breach of undertakings and contempt of court concerning, among other things, contact with the ex-wife and her relatives. Appeal allowed. - Hammerton v Hammerton [2007] EWCA Civ 465
Judgments (28/05/2007)
Appeal against sentence of 2 months for contempt of court following an incident where the appellant had interrupted unrelated private family proceedings and thrown eggs at the judge. Sentence reduced to 28 days. - Hill & Anor v Haines [2007] EWHC 1012 (Ch)
Judgments (04/06/2007)
Appeal by trustees in bankruptcy against dismissal of their application to set aside a transfer of property order made in ancillary relief proceedings. Appeal allowed. - Holman v Howes [2007] EWCA Civ 877
Judgments (28/08/2007)
Appeal against an order in a property dispute where the original order had stated that no order for sale would be made for the "time being". The appellant was seeking both more certainty about her right to stay in the house and a larger beneficial interest. Appeal allowed on the point regarding the order for sale. - Holmes-Moorhouse v London Borough of Richmond-Upon-Thames [2007] EWCA Civ 970
Judgments (22/02/2008)
Appeal by father against decision allowing a local authority to refuse his priority housing need in the light of a shared residence order made by consent. Appeal allowed. - Howes (R on the application of) v Child Support Commissioners [2007] EWHC 559 (Admin)
Judgments (26/06/2007)
Appeal by father against Child Support Commissioner's refusal to hear an appeal as it was considered out of time. Appeal allowed. - J (A Child) [2007] EWCA Civ 906
Judgments (15/09/2007)
Appeal by mother against a s91(14) order that prohibited further application by her until the child, J, reached 18. Appeal dismissed. - James v Thomas [2007] EWCA Civ 1212
Judgments (02/12/2007)
Appeal against dismissal of beneficial interest claims under s14 of the Trusts of Land and Appointments of Trustee Act 1996. Appeal dismissed. - J-C (A Child) [2007] EWCA Civ 896
Judgments (06/09/2007)
Appeal against a committal order for breach of an order under Part IV of the Family Law Act 1996. Appeal dismissed. - JPC v SMW & Anor [2007] EWHC 1349 (Fam)
Judgments (27/06/2007)
Application by mother for return of her daughter to Ireland under the Child Abduction and Custody Act 1985 and Brussels II Revised. Application granted but stayed. - K (A Child) [2007] EWCA Civ 697
Judgments (23/09/2007)
Application for permission to appeal, with appeal to follow, order relating to a s38(6) application for an assessment. Application and appeal allowed. - K v K [2007] EWHC 2289 (Fam)
Judgments (22/10/2007)
Judgment following a fact finding hearing in a residence and contact case. - Khalil v Bishieri [2007] EWCA Civ 837
Judgments (07/10/2007)
Appeal by wife against an order for sale of the matrimonial home. Appeal allowed. - Klentzeris v Klentzeris [2007] EWCA Civ 533
Judgments (04/06/2007)
Appeal by father against the dismissal of his application for the return of two of his three children under the Hague Convention. Appeal dismissed. - L (A Child) [2007] EWCA Civ 196
Judgments (17/03/2007)
Appeal by maternal grandparents, who had been made special guardians of a child, against orders that prevented them from changing the child's surname and gave varying degrees of contact to both the mother and the father of the child. Appeal on surname dismissed but other appeals allowed to a limited extent. - L (A Child) [2007] EWHC 3404 (Fam)
Judgments (19/04/2008)
Judgment in care proceedings concerning removal of a child under an interim care order where the mother was seeking a second residential assessment away from the potentially harmful father. A second residential assessment was allowed. - L (A Child) and H (A Child) [2007] EWCA Civ 213
Judgments (19/03/2007)
Application for permission to appeal an order that refused a request for a residential asessment of a child under s. 38(6) of the Children Act 1989. Appeal allowed and order set aside. - L v L & Anor [2007] EWHC 140 (QB)
Judgments (12/02/2007)
Application by husband requesting that the wife's solicitors hand over copies of his hard drive which had been copied during the course of divorce proceedings. Application was granted. - Lauder v Lauder [2007] EWHC 1227 (Fam)
Judgments (05/08/2007)
Appeal against orders concerning variation of periodical payments. The original order of £40,000 p.a, capitalised at £500,000 was overturned and substituted for payments of £60,000 p.a. capitalised at £725,000. - Lawrence v Pembrokeshire County Council [2007] EWCA Civ 446
Judgments (01/07/2007)
Appeal by mother against striking out claim against a council for negligence arising from placement of her children on the Child Protection register. Appeal dismissed. - LBH (A Local Authority) v KJ & Ors [2007] EWHC 2798 (Fam)
Judgments (09/12/2007)
Judgment in care proceedings where the local authority was seeking to prove the mother's care of a seriously disabled child breached the s31(2) threshold criteria. Application successful. - Leman-Klammers v Klammers [2007] EWCA Civ 919
Judgments (15/09/2007)
Application for permission to appeal, with appeal to follow, an order granting a decree absolute before the conclusion of an appeal in the French courts. Application granted but appeal dismissed. - LM v Medway [2007] EWCA Civ 9
Judgments (28/01/2007)
Appeal by guardian against decision to require that a child should give evidence by video link in care proceedings. Appeal dismissed. - London Borough of Greenwich v S & Ors [2007] EWHC 820 (Fam)
Judgments (16/04/2007)
Hearing to determine whether children, currently living in Canada with their maternal great aunt, are habitually resident in the UK. Sumner J concluded that they are resident in the UK. - London Borough of Southwark v D [2007] EWCA Civ 182
Judgments (19/03/2007)
Appeal by a local authority against a decision that they had to pay for the child's accommodation and maintenance while she was being looked after by a friend of the father. Appeal dismissed. - M & L (Children) [2007] EWCA Civ 1307
Judgments (05/01/2008)
Application by father for permission to appeal, with appeal to follow, findings of fact in a case concerning alleged sexual abuse. Application refused. - M (A Child) [2007] EWCA Civ 954
Judgments (15/10/2007)
Appeal by father against part of a contact order in private law proceedings. Appeal allowed. - M (Children) [2007] EWCA Civ 1150
Judgments (26/11/2007)
Application for permission to appeal a decision that prevented the applicants from allowing experts and their legal representative to interview their children in connection with criminal charges now facing the parents. Appeal allowed in part. - M (Children) [2007] EWCA Civ 1550
Judgments (21/04/2008)
Application by mother for permission to appeal, with appeal to follow, a section 91(14) order preventing the mother from making application for educational assessments of her children without permission of the court. Application and appeal allowed. - M (Children) [2007] EWCA Civ 992
Judgments (29/10/2007)
Appeal in Hague Convention proceedings where the trial judge had ruled that the children should be returned even though settlement had been proved. Appeal dismissed. - Madan v Madan [2007] EWCA Civ 517
Judgments (04/06/2007)
Application for permission to appeal in ancillary relief proceedings. Application refused. - Marinos v Marinos [2007] EWHC 2047 (Fam)
Judgments (29/10/2007)
Judgment in proceedings under Brussels II (Revised) concerning whether the wife was habitually resident in the UK and could therefore issue a petition for divorce in the English courts. Munby J concluded that she was habitually resident. - Mendal v Mendal [2007] EWCA Civ 437
Judgments (12/05/2007)
Application for second permission to appeal in a case where the applicant was seeking to overturn an order in ancillary relief proceedings on the grounds that the marriage was bigamous. Application refused. - M-J (A Child) [2007] EWCA Civ 56
Judgments (12/02/2007)
Appeal by mother against an order placing her child for adoption with her half-sister. She argued that the half-sister should be appointed as special guardian instead. Appeal dismissed - M-M (A Child) [2007] EWCA Civ 589
Judgments (21/06/2007)
Appeal by parents against refusal to allow evidence from an expert on osteogenesis imperfecta (a condition that makes bones break easily) after allegations that they had physically harmed their child. Appeal dismissed. - MM v VM [2007] EWHC 1820 (Fam)
Judgments (12/08/2007)
Application by father for return of his children to Zimbabwe under the Hague Convention. Application granted. - Moore v Moore [2007] EWCA Civ 361
Judgments (23/04/2007)
Appeal by husband, in big money case, against an order allowing the wife to apply for orders for financial relief pursuant to Part III of the Matrimonial and Family Proceedings Act 1984. Appeal dismissed. - Mubarak v Mubarak [2007] EWCA Civ 879
Judgments (28/08/2007)
Application by husband for permission to appeal an order in ancillary relief proceedings on the grounds that the judge did not have the power to make the orders that he set out in his judgment. Appeal dismissed. - Murphy v Gooch [2007] EWCA Civ 603
Judgments (07/07/2007)
Appeal and cross-appeal against parts of a judgment arising out of proceedings under s14 of the Trusts of Land and Appointment of Trustees Act 1996 concerning the value of credits that each party should be entitled to given the continued occupation of the property by the respondent. The appeal succeeded; the cross appeal failed. - N (A Child) [2007] EWCA Civ 1053
Judgments (19/11/2007)
Appeal by surrogate mother against orders requiring that residence of a child born as a result of the surrogacy agreement be transferred to the biological father. Appeal dismissed. - North v North [2007] EWCA Civ 760
Judgments (27/07/2007)
Appeal by husband against an order varying and capitalising a nominal periodical payments order, made in 1981, after the wife lost money on investments made after selling ground rents that were part of the original settlement. Appeal allowed. - O'Brien v Seagrave & Anor [2007] EWHC 788 (Ch)
Judgments (26/04/2007)
Appeal where the claimant, who is pursuing a claim under the Inheritance Act (Financial Provison for Dependents), seeks to bring a probate action. Appeal allowed. - Oldham MBC v GW & Ors [2007] EWHC 136 (Fam)
Judgments (07/07/2007)
Judgment given in the course of care proceedings where a child, who had suffered a series of fits after the parents had taken her to hospital, had been taken into care but the local authority subsequently sought to withdraw those proceedings in the light of differences between the medical experts acting in the case. - P (A Child) [2007] EWCA Civ 616
Judgments (08/07/2007)
Appeal by father against refusal to grant leave to oppose the making of an adoption order. Appeal dismissed. - P v P [2007] EWHC 2877 (Fam)
Judgments (11/02/2008)
Judgment in ancillary relief proceedings where the judge had to decide how to split the matrimonial assets where the husband claimed that a significant portion of the assets had been accrued after the couple separated. There was also dispute as to the total value of those assets. - P v P [2007] EWHC 779 (Fam)
Judgments (16/04/2007)
Application by father for summary return of his son to the US. Application failed. - Patel v Patel [2007] EWCA Civ 384
Judgments (28/04/2007)
Appeal against imposition of a 10 months sentence for contempt of court in domestic violence proceedings. Appeal dismissed. - Pluck v Pluck [2007] EWCA Civ 1250
Judgments (09/12/2007)
Appeal against sentence imposed under Part IV of the Family Law Act 1996. Appeal allowed. - Powell & Anor v Benney [2007] EWCA Civ 1283
Judgments (03/02/2008)
Appeal against an order setting an award of £20,000 in their claim against two properties by way of constructive trust and proprietory estoppel. Appeal dismissed. - R (A Child) [2007] EWCA Civ 943
Judgments (07/10/2007)
Application by mother for permission to appeal, with appeal to follow, two orders confirming regular supervised contact with the father. Application and appeal allowed. - R (A Child) [2007] EWCA Civ 1748
Judgments (06/01/2007)
An appeal by a local authority that raises novel points of law regarding special guardianship. - R (Children) [2007] EWCA Civ 139
Judgments (05/03/2007)
Reasons given for dismissing appeal by a maternal grandmother against decision to dismiss her applications for residence or special guardianship of three grandchildren. - Re A (A Minor) [2007] EWCA Civ 1383
Judgments (11/01/2008)
Appeal by foster mother against a refusal to allow her leave to apply to adopt a child currently in her care. Appeal allowed. - Re A, HA v MB (Brussels II Revised: Article (11)7 Application) [2007] EWHC 2016 (Fam)
Judgments (15/09/2007)
Judgment in proceedings under Brussels II Revised where the father is seeking return of his child who has been taken to France by the mother. Return declined. - Re B (Children) [2007] EWHC 1622 (Fam)
Judgments (05/11/2007)
Judgment concerning whether a local authority should have continuing anonymity in a previous judgment arising from care proceedings. - Re G (Abduction: Withdrawal of Proceedings, Acquiescence, Habitual Residence) [2007] EWHC 2807 (Fam)
Judgments (10/12/2007)
Application by father, under the Hague Convention and the inherent jurisdiction of the court, for the return of two children (X & Y) to Canada, one of whom (Y) was unborn at the time of the removal. Application relating to X successful. - Re G (Surrogacy: Foreign Domicile) [2007] EWHC 2814 (Fam)
Judgments (05/01/2008)
Judgment in proceedings concerning the parentage and future upbringing of a child born out of a non-commercial surrogacy arrangement where the commissioning parents are domiciled in Turkey - Re L [2007] EWHC 1771 (Fam)
Judgments (05/11/2007)
Judgment following an application by a local authority for directions where they have care of a child whose mother has rejected her and the identity of the father is unknown. - Re M & Anor [2007] UKHL 55
Judgments (05/12/2007)
Appeal by mother against decision, under Hague Convention proceedings, requiring return of the children to Zimbabwe following their wrongful removal to England. Appeal allowed. - Re MM (an adult) [2007] EWHC 2003 (Fam)
Judgments (05/11/2007)
Application by local authority under the inherent jurisdiction of the court to place restrictions on the contact between vulnerable adult and her long standing partner. - Re MM (An Adult) [2007] EWHC 2689 (Fam)
Judgments (11/01/2008)
This is a coda to a previous judgment (Re MM (an adult) [2007] EWHC 2003 (Fam)) concerning the care plan relating to MM, a sexually active adult who had been found to lack capacity to make decisions about where she lived but did have capacity to consent to sexual relations. - Re PS (An Adult) [2007] EWHC 623 (Fam)
Judgments (30/04/2007)
Judgment giving reasons for orders made under the inherent jurisdiction of the court declaring that an elderly woman lacked capacity. The orders also appointed a receiver and prevented the woman's daughter from discharging her from a treatment unit - Re R (Children) (Secure Editing of Documents) [2007] EWHC 876 (Fam
Judgments (20/05/2007)
Judgment issued concerning confidential information that had been leaked in contact proceedings. - Re X & Y [2007] EWHC 1862 (Fam)
Judgments (05/11/2007)
Judgment arising from care proceedings that were withdrawn before the fact-finding hearing in the light of the medical evidence. - RH v BK CV05PO0306
Judgments (30/09/2007)
Application by father, who had been the subject of several s91(14) orders, for redefined contact order in an 'intractable' contact dispute. - Rowley & Ors v Secretary of State for Department of Work and Pensions [2007] EWCA Civ 598
Judgments (29/06/2007)
Appeal by mother and children against striking out of claim for negligence against the Child Support Agency. Appeal dismissed. - S (A Child) [2007] EWCA Civ 958
Judgments (15/10/2007)
Appeal by father against an interim care order. Appeal dismissed. - S (A Child) [2007] EWCA Civ 267
Judgments (31/03/2007)
Appeal by father against an order that provided for contact between the maternal grandmother and his child, the mother having died soon after the child's birth. Appeal dismissed - S (A Child) [2007] EWCA Civ 54
Judgments (12/02/2007)
Appeal against an order that the appellant should not adopt the child in question but instead be appointed as special guardian. Appeal dismissed. - S (A Child) No. 2 [2007] EWCA Civ 90
Judgments (18/02/2007)
This is an addendum to the judgment in S (A Child) [2007] EWCA Civ 54 and concerns whether the local authority should be required to file a report under s14 of the Children Act. - S (Children) [2007] EWCA Civ 1430
Judgments (21/01/2008)
Application by local authority for permission to appeal order allowing a further period of residential assessment for a family subject to a care plan. Application refused. - S (Children) [2007] EWCA Civ 694
Judgments (15/07/2007)
Application for permission to appeal, with appeal to follow, findings of fact in a disputed contact case where the mother accused the paternal grandparents of domestic violence and so contact with the paternal family had lapsed. Application granted but appeal dismissed. - S (Children) and W (A Child) [2007] EWCA Civ 232
Judgments (19/03/2007)
Reasons given for allowing permission to appeal care orders. The orders had been stayed and a rehearing directed. - S v S [2007] EWHC 1975 (Fam)
Judgments (17/08/2007)
Appeal by husband against an order in ancillary relief proceedings on the grounds that the judge had been discriminatory in his division of the assets. Appeal allowed - Smith v Smith [2007] EWCA Civ 454
Judgments (28/05/2007)
Appeal against an order in ancillary relief proceedings principally on the grounds that the order would force him into insolvency. Appeal allowed to a limited extent. - Somerset County Council v SD & Ors [2007] EWCA Civ 722
Judgments (12/08/2007)
Appeal by local authority against a refusal to grant full care orders; interim care orders were granted instead. Appeal allowed. - Soulsbury v Soulsbury [2007] EWCA Civ 969
Judgments (21/10/2007)
Appeal by personal representative of an estate against an order granting a payment to the wife of the deceased in lieu of her refusal to enforce periodical payments while he was alive. Appeal dismissed. - Stack v Dowden [2007] UKHL 17
Judgments (25/04/2007)
Appeal by cohabitee against Court of Appeal's valuation of beneficial interest in a property bought jointly with with his partner. Appeal dismissed. - The NHS Hospital Trust v A [2007] EWHC 1696 (Fam)
Judgments (22/07/2007)
Application by doctors seeking a declaration that it would be lawful to perform a bone marrow transplant on a child against the wishes of the parents. Application successful. - TJ v CV & Ors [2007] EWHC 1952 (Fam)
Judgments (27/01/2008)
Application by biological parent seeking contact and parental responsibility for his son who is now part of the applicant’s sister’s same sex family. No parental responsibility order made and a limited contact order granted. - Vaughan v Vaughan [2007] EWCA Civ 1085
Judgments (26/11/2007)
Appeal by husband against an order in ancillary relief proceedings adjusting a previous order in favour of the wife. Appeal allowed. - W (A Child) [2007] EWCA Civ 102
Judgments (26/02/2007)
Judgment giving reasons for allowing an appeal by mother against care orders in a case where it had been found that the child was suffering, or likely to suffer, significant harm. The care order was set aside and an interim care order granted in its place - W (A Child) [2007] EWCA Civ 1255
Judgments (17/12/2007)
Appeal against care and related placement orders. Appeal allowed and matter sent for retrial. - W (A Child) [2007] EWCA Civ 523
Judgments (11/06/2007)
Appeal by father against finding that he had sexually abused his daughter and step son. Appeal dismissed. - W (Children) [2007] EWCA Civ 786
Judgments (05/08/2007)
Reserved judgment arising out of applications brought by father for permission to appeal orders in contact proceedings and to adduce fresh evidence. Applications refused. - W v W [2007] EWHC 1856 (Fam)
Judgments (05/11/2007)
Judgment in ancillary relief and bankruptcy proceedings where the wife was seeking to annul the husband's bankruptcy on the grounds that he petitioned for bankruptcy to avoid the ancillary relief obligations. Application failed. - Wallbank & Wallbank v Price [2007] EWHC 3001 (Ch)
Judgments (11/01/2008)
Judgment in proceedings where a widow was seeking a beneficial interest in a house, which she had apparently relinquished by agreement in favour of the couple's children following the breakdown of her marriage. Judge found that she had relinquished any beneficial interest. - Warwickshire County Council v M [2007] EWCA Civ 1084
Judgments (19/11/2007)
Appeal by local authority against decision to grant the mother leave to apply for revocation of placement orders made on her two children. Appeal allowed and applications refused.