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2017 Judgments

• Re L-S (A Child) [2017] EWCA Civ 2177
  Judgments (22/12/2017)
  Appeal in abduction case, concerning a 21 months old child, dealing with three central issues: (1) the child's habitual residence, (2) whether or not his father had subsequently acquiesced, and (3) whether the circumstances were sufficient to engage Article 13(b) of the Convention.
• Re W (A Child) [2017] EWCA 2152 (Civ)
  Judgments (22/12/2017)
  Judgment in an appeal against the decision to return a 15-month-old boy, Z, to America in proceedings under the Hague Child Abduction Convention. The parents of Z were married and had lived together in America since 2008.
• Re L (Children) [2017] EWCA Civ 2173
  Editorial (21/12/2017)
  An application for permission to appeal an order refusing a mother permission to oppose adoption applications: whether the Judge at first instance had reached the correct decision in determining the changes made by the mother did not amount to a change in circumstances for the purposes of s 47(5) of the 2002 Act.
• M (Children), Re [2017] EWCA Civ 2164
  Judgments (21/12/2017)
  Court of Appeal judgment overturning decision of Mr Justice Peter Jackson in J v B (Ultra-Orthodox Judaism: Transgender) [2017] EWFC 4, [2017] WLR(D) 142, in which he refused direct contact and ordered indirect contact only between a transgender father and her five children from an Ultra-Orthodox-Jewish community.
• B and C (Change of Names - Parental Responsibility - Evidence) [2017] EWHC 3250 (Fam)
  Judgments (13/12/2017)
  Applications by mother in respect of two children whose father is believed to live in Iran by which she sought (i) permission for them to be known by new forenames and surnames and (ii) a prohibited steps order restricting the extent to which the father would be able to exercise his parental responsibility for the children.
• AB v CD (Jurisdiction Global Maintenance Orders) [2017] EWHC 3164 (Fam)
  Judgments (13/12/2017)
  Appeal by husband against the court’s jurisdiction to make a global maintenance order in favour of the wife and children. Appeal dismissed.
• W-C (Children) [2017] EWCA Civ 250
  Judgments (13/12/2017)
  Appeal by Guardian against placement order.
• HC v FW [2017] EWHC 3162 (Fam)
  Judgments (13/12/2017)
  Judgment of Cobb J in an “unusual” financial remedies case in which the Wife did not have capacity to litigate and the Husband had failed to consistently engage with the Court proceedings.
• Re D (A Child) [2017] EWHC 3075 (Fam)
  Judgments (06/12/2017)
  Judgment of Roberts J after a 10-day fact-finding hearing, making adverse findings of non-accidental injury against a father. The original fact-finding hearing had exonerated the father, but this had been overturned by the Court of Appeal and remitted for a rehearing.
• HRH Prince Louis of Luxembourg v HRH Princess Tessy of Luxembourg (Publication of Offer) [2017] EWHC 3095 (Fam)
  Judgments (06/12/2017)
  Application concerning the ambit of a reporting restriction applied for by the husband to regulate the reporting of the financial remedy proceedings.
• Mansour v Slovakia - 60399-15 (Judgment - Violation of Right to respect for private and family life (Positive obligations Respect...) [2017] ECHR 102
  Judgments (06/12/2017)
  The European Court of Human Rights found that the Slovakian courts had breached the Applicant‘s Article 8 rights in the length of time taken to enforce a return order under Brussels II bis.
• PW & Ors v Luton Borough Council [2017] EWHC 3028 (Fam)
  Judgments (29/11/2017)
  Third party costs orders: whether the Legal Aid Agency had acted unreasonably as to have increased costs of the claimants by failing to state whether the statutory charge relating to the costs of care proceedings would apply to the claimant’s recovery of damages under the Human Rights Act 1998.
• M (A Child - secure accommodation order) [2017] EWHC 3021 (Fam)
  Judgments (29/11/2017)
  Application under s.25 of the Children Act 1989 highlighting the shortage of secure accommodation resources
• T (A Child) [2017] EWCA Civ 1889
  Judgments (29/11/2017)
  Appeal concerning the extent to which a family court may exercise its jurisdiction to grant a non-molestation injunction under the Family Law Act 1996 to protect a child who is the subject of a full care order
• S v S (Application to Prevent Solicitor Acting) [2017] EWHC 2660 (Fam)
  Judgments (22/11/2017)
  Application made by husband in divorce proceedings for an order that his wife's solicitor be debarred from acting for her in the proceedings.
• Re His Royal Highness the Duke of Windsor (Deceased) [2017] EWHC 2887 (Fam)
  Judgments (22/11/2017)
  Application by the Librarian and Assistant Keeper of the Queen's Archives for a full copy of the will and codicil of the Duke of Windsor for research purposes.
• Re W (Children), SW (No 2) [2017] EWFC 74
  Judgments (22/11/2017)
  Decision of the President of the Family Division, granting permission to disclose and/or communicate documents arising from care proceedings for the purposes of proposed proceedings in the European Court of Human Rights, subject to the safeguards set out within the annexed order.
• Re DO and BO [2017] EWHC 858 (Fam)
  Judgments (22/11/2017)
  Mother’s unsuccessful application for permission to take her two sons to China for a holiday – judgment of Baker J
• Radseresht v Radseresht-Spain [2017] EWHC 2932 (Fam)
  Judgments (22/11/2017)
  The husband sought, pursuant to ss 45 and 55 Family Law Act 1986, recognition of a divorce granted in Dubai in 2009 and, further, strike out of the petition of the wife brought in the jurisdiction of England and Wales.
• R (A Child - whether to revoke Placement Order) [2017] EWHC 2924 (Fam)
  Judgments (22/11/2017)
  Hayden J considers revocation of placement order application in circumstances where an SGO could be made.
• H (A Child - Surrogacy Breakdown) [2017] EWCA Civ 1798
  Judgments (22/11/2017)
  Court of Appeal dismisses an appeal from the decision of Theis J following the breakdown of an intended surrogacy arrangement.
• B (Children) [2017] EWCA Civ 1635
  Judgments (22/11/2017)
  Appeal brought by the local authority and supported by the guardian seeks to challenge the overall fairness of a hearing concerning two young children.
• Hayes v Hayes [2017] EWHC 2806 (Ch)
  Judgments (15/11/2017)
  Appeal by former wife against the dismissal of her application to set aside a statutory demand, served upon her by her former husband, in respect of various debts pursuant to several court orders in proceedings between the parties.
• Richardson-Ruhan v Ruhan [2017] EWHC 2739 (Fam)
  Judgments (15/11/2017)
  Decision of Mostyn J in relation to the computation of assets in a Wife’s claim for financial remedies following divorce.
• Re T (A Child: Adoption or Special Guardianship) [2017] EWCA Civ 1797
  Judgments (14/11/2017)
  Judgment of the Court of Appeal concerning a dispute as to whether the appropriate order for an 18 month old boy should be a special guardianship order or an adoption order.
• Grasso v Naik [2017] EWHC 2789 (Fam)
  Judgments (09/11/2017)
  Judgment of the President dismissing 21 divorce petitions, decrees nisi and decrees absolute on the ground that each had been obtained through deceiving the court by the provision of a false address (and in some cases forged signatures).
• N v J (Power to Set Aside Return Order) [2017] EWHC 2752 (Fam)
  Judgments (08/11/2017)
  Judgment of MacDonald J confirming that a High Court judge does have power to set aside a return order made by another High Court judge under the inherent jurisdiction but that the applicant must be able to demonstrate a change of circumstance, or material non-disclosure, relevant to the evaluation of the welfare of the child such as to justify the setting aside of the order as being in the child’s best interests.
• S (Child as Parent - Adoption - Consent) [2017] EWHC 2729 (Fam)
  Judgments (08/11/2017)
  Local Authority application for an adoption order in circumstances where the birth mother consented to the adoption, but there were doubts as to her capacity to do so.
• D (A Child) [2017] EWCA Civ 1695
  Judgments (08/11/2017)
  Appeal by 16-year-old boy in which the essential question was whether he was being deprived of his liberty within the meaning of and for the purposes of Article 5 of the ECHR.
• ZS v Secretary of State for Work and Pensions and SN (CSM) (Child support - tribunal practice) [2017] UKUT 402 (AAC)
  Judgments (01/11/2017)
  Decision of the Upper Tribunal allowing a mother’s appeal against the decision of the First Tier Tribunal determining a non-resident father’s liability for child maintenance, remitting the matter for reconsideration at an oral hearing.
• Re M (Children) (Suspected Trafficking - Competent Authority) [2017] EWFC 56
  Judgments (01/11/2017)
  Judgment in care proceedings concerning two children from Namibia who were suspected of being victims of human trafficking.
• KW v Secretary of State for Work and Pensions and KE (CSM) (Child support - variation - departure directions - diversion of income) [2017] UKUT 400 (AAC)
  Judgments (01/11/2017)
  Second appeal by father against the First-Tier Tribunal’s decision which took account of his redundancy when fixing his liability for child support.
• Re LG (Re-opening of Fact-finding) [2017] EWHC 2626 (Fam)
  Judgments (01/11/2017)
  Appeal of the decision of a circuit judge not to reopen findings of fact made by magistrates.
• PL v Sutton Clinical Commissioning Group & Anor [2017] EWCOP 22
  Judgments (01/11/2017)
  Judgment of Cobb J in the Court of Protection regarding an application for a declaration that it was not in the best interests for a patient to continue to receive life sustaining treatment.
• J (A Minor - Revocation of Adoption Order) [2017] EWHC 2704 (Fam)
  Judgments (01/11/2017)
  Hayden J corrects judicial error in purported revocation of adoption order, where that order was ultra vires.
• A Local Authority v Y [2017] EWFC 69
  Judgments (01/11/2017)
  Application by local authority deemed by Mrs Justice Theis to be under the Family Procedure Rules 2010, Rule 14.21, invoking the Part 19 procedure to seek the Court’s guidance regarding any further steps the local authority should take in relation to a child placed in a foster-to-adopt placement at birth under a s20 agreement.
• GP (A Child) [2017] EWCA Civ 1677
  Judgments (01/11/2017)
  Appeal as to whether a child should be returned to Italy, her country of habitual residence at the relevant time, following her wrongful abduction from Italy to England by her mother in 2016.
• Wilmot v Maughan [2017] EWCA Civ 1668
  Judgments (01/11/2017)
  Appeal against refusal to set aside orders for service by email on a Respondent outside the jurisdiction; appeal dismissed on the basis that FPR rule 6.1(b) gives the court the power to make such orders.
• Pickard & Anor v Constable [2017] EWHC 2475 (Ch)
  Judgments (25/10/2017)
  Appeal by the Trustees in Bankruptcy against an order postponing the sale of a jointly owned matrimonial home until H’s death, or earlier permanent vacation of the property by H, with a parallel postponement of the order for possession.
• MQ v Secretary of State for Work and Pensions and SQ (CS) (Child support - tribunal practice) [2017] UKUT 392 (AAC)
  Judgments (25/10/2017)
  Child support appeal demonstrating major errors by the CSA, FTT and Independent Case Examiner with 'a procedural mess of Gordian knot complexity'.
• London Borough of Brent v D and Ors (Compliance with Guidelines on Judges Meeting Children) 2017 EWHC 2452 (Fam)
  Judgments (25/10/2017)
  Judgment of MacDonald J in care proceedings in which he considers the issues of compliance with the "Guidelines for Judges Meeting Children who are Subject to Family Proceedings" [2010] 2 FLR 1872 and with compliance with case management directions.
• Re B (A Child) [2017] EWCA Civ 1579
  Judgments (25/10/2017)
  Decision of the President prohibiting the publication of what was intended to be a guidance judgment by a circuit judge concerning the use of covert recordings in private law proceedings. The President makes preliminary observations about the complexity of this increasingly significant issue and invites the Family Justice Council to consider the question.
• Alireza v Radwan & Ors [2017] EWCA Civ 1545
  Judgments (25/10/2017)
  A wife’s successful appeal against a financial remedies order which had provided her and the children with a time-limited occupational interest in properties notwithstanding that there were capital funds available to meet housing needs.
• R v R & Anor [2017] EWCA Civ 1588
  Judgments (18/10/2017)
  Appeal against the discharge of a reporting restriction order in proceedings for financial provision under Matrimonial Causes Act 1973, Part III, and the Children Act 1989.
• P & Ors (Human Fertilisation And Embryology Act 2008) (No 2) [2017] EWHC 2532 (Fam)
  Judgments (18/10/2017)
  Judgment of Munby P in which the President highlights the importance of obtaining a court order where administrative errors invalidate written consent to legal parenthood under the Human Fertilisation and Embryology Act 2008.
• Mazhar v The Lord Chancellor [2017] EWFC 65
  Judgments (18/10/2017)
  Claim for a declaration that rights under the ECHR had been breached and for damages was denied as the court was not empowered to grant the declaration and the damages claim must be considered by a higher court.
• FE v MR & Ors [2017] EWHC 2298 (Fam)
  Judgments (18/10/2017)
  Judgment of Baker J in which he made a ‘highly unusual’ request for transfer of a case under Article 15 of Brussels IIA that had concluded at first instance and was before the appeal court in another Member State.
• DP v PC [2017] EWHC 2387 (Fam)
  Judgments (18/10/2017)
  Judgment of Baker J in a successful appeal in private law children proceedings between two unrepresented parents
• E-R (Child arrangements order - Costs no 2) [2017] EWHC 2535 (Fam)
  Judgments (18/10/2017)
  Application for costs by a “psychological parent” against a father in private law proceedings.
• L-S (Child) [2017] EWCA Civ 1551
  Judgments (18/10/2017)
  Application for permission to appeal by mother against the following orders made in relation to B, the parties' son: (i) the judge’s refusal to re-open findings of fact; (ii) the judge’s refusal to direct the disclosure to the mother of records of B's therapeutic contact with an adolescent resource centre; and (iii) providing for B to live with his father, with limited supervised contact with the mother.
• A Child (no approved secure accommodation available; deprivation of liberty) [2017] EWHC 2458 (Fam)
  Judgments (11/10/2017)
  Application by local authority to the High Court to exercise its inherent jurisdiction to authorise the deprivation of liberty of a child aged 13 in circumstances where a secure accommodation placement was not available.
• Egeneonu v Egeneonu (Adjournment of Committal Application) 2017 EWHC 2451 (Fam)
  Judgments (11/10/2017)
  MacDonald J examines the principles relevant to the court in considering an application for an adjournment in committal proceedings.
• Egeneonu v Egeneonu [2017] EWHC 2336 (Fam)
  Judgments (11/10/2017)
  Judgment in proceedings for committal of a father for breach of orders in relation to his retention of the parties' children in Nigeria. David Williams QC, sitting as a Deputy High Court Judge, considers the principles and procedural issues involved in committal applications.
• London Borough of Wandsworth v M & Ors [2017] EWHC 2435 (Fam)
  Judgments (11/10/2017)
  Re-hearing of care proceedings concerning three boys of mother whose presentation and history suggested a diagnosis of Asperger's Syndrome. Consideration of capacity under the Mental Health Act of the eldest boy.
• S v S (Relocation) [2017] EWHC 2345 (Fam)
  Judgments (11/10/2017)
  Application by father to remove his two sons to live with him in Switzerland. Application was granted but, due to the highly exceptional nature of these proceedings, a costs order was also made against the father.
• Zimina v Zimin [2017] EWCA Civ 1429
  Judgments (11/10/2017)
  Successful appeal against a lump sum order in favour of the wife under Part III of the Matrimonial and Family Proceedings Act 1984 (“MFPA 1984”) following a Russian divorce.
• H (A Child - Hair Strand Testing) [2017] EWFC 64
  Judgments (11/10/2017)
  Judgment in care proceedings in which Jackon J considers the accuracy of hair strand testing for cocaine use and offers guidance in relation to report writing.
• Adams v Secretary of State for Work and Pensions and Green (CSM) (Child support - tribunal practice) [2017] UKUT 9 (AAC)
  Judgments (05/10/2017)
  Judgment in appeal in child support proceedings as to whether an anonymity order (and so a reporting restrictions order) should have been made.
• Re E-R (Child Arrangements)(No.2) [2017] EWHC 2382 (Fam)
  Judgments (05/10/2017)
  Application for the variation of a child arrangements order by the “psychological” parents of a child.
• CH v WH [2017] EWHC 2379
  Judgments (29/09/2017)
  Judgment of Mostyn J (approved by the President) confirming that the court has the power to order one party to make mortgage or other household payments and to indemnify the other in respect of the same.
• M v A Hospital [2017] EWCOP 19
  Judgments (21/09/2017)
  Application to the Court of Protection in respect of a sufferer of Huntingdon's Disease by which the court was, in effect, requested 'if required' to determine that it would be in the patient's best interests not to continue to receive clinically assisted nutrition and hydration, with the consequence that she would die.
• A Local Authority v The Mother & Anor [2017] EWFC B59
  Judgments (20/09/2017)
  First instance decision of HHJ Wildblood QC making care and placement orders in public law proceedings. The judge expresses the importance of obtaining necessary therapy for a parent at an early stage, in order to try to avoid a situation where an expert at a final hearing recommends therapy that cannot then take place within the timescales for the relevant child.
• FE v YE [2017] EWHC 2165 (Fam)
  Judgments (20/09/2017)
  Judgment of Mostyn J considering the effect of an asylum claim by the subject children on an application under the 1980 Hague Child Abduction Convention.
• Re D (Medical Treatment) [2017] EWCOP 15
  Judgments (20/09/2017)
  Application for a declaration that it was in the best interests of a young man, D to receive stem cell treatment for a brain injury.
• Re M (Lack of Secure Accommodation) [2017] EWFC B61
  Judgments (20/09/2017)
  Judgment in care proceedings concerning M, a fifteen-year-old boy, who after receiving a community sentence had been living with his grandmother because the local authority had been unable to find a secure placement for him. M has subsequently absconded and is in breach of his community sentence.
• Hart v Hart [2017] EWCA Civ 1306
  Judgments (10/09/2017)
  Financial remedies appeal considering the correct approach to non-matrimonial property when determining a claim by application of the sharing principle.
• S (A Child) [2017] EWCA Civ 249
  Judgments (06/09/2017)
  Judgment of McFarlane LJ dismissing mother’s appeal following the making of care and placement orders authorising the child to be placed for adoption.
• LB of Southwark v F [2017] EWHC 2189 (Fam)
  Judgments (31/08/2017)
  London Borough of Southwark’s application for Deprivation of Liberty and Secure Accommodation Orders in respect of a 14 year old child.
• M v F & SM (Human Fertilisation and Embryology Act 2008) [2017] EWHC 2176 (Fam)
  Judgments (29/08/2017)
  Application to extend the wardship of a child borne via a surrogacy arrangement.
• In the matter of X (A Child) (No 5) [2017] EWHC 2141 (Fam)
  Judgments (17/08/2017)
  The fifth Judgment of the President of the Family Division concerning, X a very vulnerable 17 year old young woman. Munby P endorsed the local authority care plan for X and emphasised that X is entitled to enjoy now and after she attains 18, all of the benefits accruing to her as a “looked after” child. The President emphasised that it was of critical importance that “leaving care” planning for X should begin immediately.
• Re G (Children) (Habitual Resident) [2017] EWHC 2111
  Judgments (16/08/2017)
  Jurisdiction decision including consideration of habitual residence, prorogation of jurisdiction and forum conveniens.
• R v P [2017] EWHC 1804 (Fam)
  Judgments (16/08/2017)
  Judgment of Theis J dismissing the father’s application made pursuant to the Convention on the Civil Aspects of International Child Abduction 1980 for the return of X (aged 5) to Lithuania.
• Re AK, Human Fertilisation and Embryology Act 2008 [2017] EWHC 1154 (Fam)
  Judgments (16/08/2017)
  Judgment of the President of the Family Division in respect of an application for a declaration of parentage where the requisite forms had not been completed and filled in correctly.
• Joy-Morancho v Joy (Dismissal of Variation Application) [2017] EWHC 2086 (Fam)
  Judgments (16/08/2017)
  Husband’s application for downward variation of spousal periodical payments, including backdating the variation and to remit any arrears which might in any event remain. Application dismissed following the use of an abbreviated procedure hearing.
• ER (A Child) Re (No 2) [2017] EWHC 2033 (Fam)
  Judgments (09/08/2017)
  Application by a father for permission to appeal against various orders made in proceedings concerning contact between the father and his daughter.
• AM v DF [2017] EWHC 2034 (Fam)
  Judgments (09/08/2017)
  Successful appeal against variation of a prohibited steps order which permitted the mother to take the parties’ children to Iraq for a four week summer holiday.
• X (A Child) (No 3) [2017] EWHC 2036 (Fam)
  Judgments (09/08/2017)
  Judgment of Munby P in respect of a 17 year old girl who has complex emotional and mental health needs but for whom there was a lack of appropriate clinical child and adolescent mental health placements nation-wide.
• X (A Child) (No 4) [2017] EWHC 2084 (Fam)
  Judgments (08/08/2017)
  Judgment of the President of the Family Division in which he considers proposed new arrangements for a 17 year old girl who has complex emotional and mental health needs. (The President had previously expressed deep concerns in the strongest terms as to the lack of an appropriate placement for therapy and treatment being available for X).
• Tobias v Tobias [2017] EWFC 46
  Judgments (02/08/2017)
  Judgment of Mostyn J giving guidance on applications for freezing orders, ex parte orders and use of the out-of-hours judge
• Re DB (A Minor) [2017] EWFC 45
  Judgments (02/08/2017)
  Judgment of Baker J refusing an application for leave to oppose an adoption order
• L (Children) [2017] EWCA Civ 1137
  Judgments (02/08/2017)
  Brief judgment of Lord Justice McFarlane dismissing the mother’s appeal against final care orders made in respect of her two children.
• JS v Secretary of State for Work and Pensions and another (CSM) (Child support - maintenance assessments - calculations) [2017] UKUT 296 (AAC)
  Judgments (02/08/2017)
  Successful appeal to the Upper-tier Tribunal in which the appellant father contended that since he shared care of his son equally he should not be treated as a non-resident parent and should not be liable for a CMS assessment.
• J (Child Refugees) [2017] EWFC 44
  Judgments (02/08/2017)
  Application for care orders in respect of two young unaccompanied asylum seeking boys. Consideration given to the relevant legal principles and the respective advantages and disadvantages of accommodation under s20 of the Children Act 1989 or a care order in these circumstances.
• D (Appeal - Failure of Case Management) [2017] EWHC 1907 (Fam)
  Judgments (02/08/2017)
  Mother’s successful appeal of a case management decision that she, the alleged victim, could be cross-examined by an alleged abuser, the father.
• Amin v Amin [2017] EWCA Civ 1114
  Judgments (02/08/2017)
  Appeal of a final order in a claim for financial relief after an overseas divorce: adjourning an application for a pension sharing order pending the payment (or otherwise) of a lump sum order.
• Re N-S (Children) [2017] EWCA Civ 1121
  Judgments (26/07/2017)
  Appeal, in care proceedings concerning seven children, essentially, raising two related questions: (i) what is the extent of a judge's responsibility to provide reasons in support of orders made at the conclusion of public law children proceedings; and (ii) where there has been a failure to give reasons, but there can be no challenge on appeal to the substantive orders made, what steps, if any, should the appellate court take to redress the lack of adequate reasons.
• Birch v Birch [2017] UKSC 53
  Judgments (26/07/2017)
  Appeal to the Supreme Court by wife against refusal to vary the terms of an undertaking embodied in a consent order for financial provision.
• Carmarthenshire County Council v Y [2017] EWFC 36
  Judgments (26/07/2017)
  Judgment following fact finding in care proceedings.
• Great Ormond Street Hospital v Yates, Gard and Gard [2017] EWHC 1909 (Fam)
  Judgments (24/07/2017)
  Judgment of Francis J, affirming declarations made by him on 11 April 2017, which at the time of this decision were unopposed, in respect of Charlie Gard (“Charlie”).
• R (On the Application Of AC & SH) v London Borough of Lambeth Council [2017] EWHC 1796 (Admin)
  Judgments (21/07/2017)
  Judgment in judicial review proceedings brought against local authority's assessment that the children of the claimant were not children in need under the Children Act 1989, s 17.
• S-F (A Child) [2017] EWCA Civ 964
  Judgments (21/07/2017)
  Appeal by a local authority, supported by the guardian and opposed by the parents, in relation to the court’s refusal to make a placement order in respect of a four-year-old boy. Sir Ernest Ryder emphasised, as a matter of good practice, the evidential importance of the ‘permanence report’ (as described in the Adoption Agencies Regulations 2005).
• Re HK (No 1) [2017] EWHC 1710 (Fam)
  Judgments (20/07/2017)
  Judgment of Baker J following an emergency hearing determining the level of medical intervention to be provided to a 3 month old baby
• R (Closed Material Procedure - Special Advocates - Funding) [2017] EWHC 1793 (Fam)
  Judgments (19/07/2017)
  Judgment of Cobb J ordering the Police to pay the costs of Special Advocate and Special Advocates’ Support Office (“SASO”) in closed material sessions arising within care proceedings.
• P-K (Children) [2017] EWCA Civ 965
  Judgments (19/07/2017)
  Appeal against findings made in 2009 of non-accidental injury dismissed
• Human Fertilisation And Embryology Act (Cases AD, AE, AF, AG and AH - No 2) [2017] EWHC 1782 (Fam)
  Judgments (19/07/2017)
  Judgment of the President of the Family Division providing guidance in cases involving applications for declarations of parentage in accordance with section 55A of the Family Law Act 1986 where children had been born following donor insemination but statutory requirements had not been complied with.
• Casey v Cervi [2017] EWHC 1669 (Fam)
  Judgments (19/07/2017)
  Appeal relating to orders recognising and enforcing a previous order made in the Republic of Ireland which transferred the sole custody of a three year old child, E, to her father. At the time that the order was made, E had been living in England with her mother for a year together with her half-sister.
• W (A Child - No 4) [2017] EWHC 1760 (Fam)
  Judgments (19/07/2017)
  Munby P dismisses application to set aside an adoption order, and prevent removal of the child from the jurisdiction, on the grounds of alleged fraud and dishonesty.
• C (Children) [2017] EWCA Civ 980
  Judgments (19/07/2017)
  An appeal arising in Hague Convention Proceedings: a mother did not return two children to Australia, from England, after an agreed extended stay. Father’s application for summary return failed. On appeal the key issues were (i) whether anticipatory retention is possible, (ii) if so, whether any event prior to the return date could amount to wrongful retention and (iii) whether the judge erred in his assessment of the children’s habitual residence.
• W v The Secretary of State for the Home Department [2017] EWHC 1733 (Fam)
  Judgments (12/07/2017)
  Judgment concerning recognition of a Nigerian adoption order; adoption order recognised. In the event the court was wrong as to whether it had complied with the requirements of foreign law, it would have been recognised at common law as to do otherwise would be a breach of Article 8 rights.
• Veluppillai v Chief Land Registrar & Ors [2017] EWHC 1693 (Fam)
  Judgments (12/07/2017)
  Combined applications made respectively by the Chief Land Registrar and Bank of Scotland Plc that the claims related to an order made in financial remedy proceedings and issued against them respectively by the claimant should be struck out; and a further application by the Bank of Scotland Plc, supported by the Chief Land Registrar, that a general civil restraint order should be imposed on the claimant.
• SA v FA (setting aside consent order on ground of duress) [2017] EWHC 1731 (Fam)
  Judgments (12/07/2017)
  Application to set aside an order dismissing an application, by a mother for the return of her two sons retained by the father in Kurdistan, on the grounds of duress.
• Re C (A Child) No. 2 – (Application for Public Interest Immunity)[2017] EWHC 692 (Fam)
  Judgments (12/07/2017)
  Secretary of State for Home Department’s claim for Public Interest Immunity within public law children proceedings upheld
• Gibbs v Gibbs [2017] EWHC 1700 (Fam)
  Judgments (12/07/2017)
  Committal application against a mother for breaches of orders prohibiting her from disclosing, disseminating or publishing any information regarding private law proceedings, in which she had made allegations against the father.
• Gard and Others v United Kingdom
  Judgments (05/07/2017)
  The application to the European Court of Human Rights, brought by the parents of Charlie Gard was declared inadmissible.
• NHS Foundation Trust v QZ [2017] EWCOP 11
  Judgments (05/07/2017)
  Application by an NHS Foundation Trust, seeking an order permitting a hysteroscopy and endometrial biopsy upon a patient who lacked mental capacity and, if found necessary, a hysterectomy under general anaesthetic.
• Re CB (International Relocation: Domestic Abuse: Child Arrangements) [2017] EWFC 39
  Judgments (05/07/2017)
  Application by the father for a child arrangements order to spend time with the parties’ child, and the mother’s cross-application for permission to remove the child permanently from the jurisdiction to reside with her in Portugal, against findings of domestic abuse. Matter adjourned for 5 months.
• M (Children) [2017] EWCA Civ 891
  Judgments (05/07/2017)
  A father’s appeal in private law proceedings to enforce an interim contact order made in Estonia in June 2015. The appeal was dismissed as the court did not have the power to order the local authority or CAFCASS to supervise contact.
• X (A Child - No 2) [2017] EWHC 1585 (Fam)
  Judgments (28/06/2017)
  Judgment of the President of the Family Division who was faced with the need for a care order in circumstances where the child was fast approaching her 17th birthday but where the care plan was inchoate.
• CS & Another v PD [2017] EWHC 1514 (Fam)
  Judgments (28/06/2017)
  Judgment of Mr Justice Holman in an “unusual” case under the Hague Convention on the Civil Aspects of International Child Abduction.
• A Local Authority v The Mother & Another [2017] EWHC 1515 (Fam)
  Judgments (28/06/2017)
  On a very exceptional application in very exceptional circumstances, Holman J made a placement order and a declaration that neither the local authority nor the guardian need take any step to identify or locate the baby’s father or give notice of these proceedings or any adoption proceedings to any member of the maternal or the putative paternal families.
• ND v SD & Ors [2017] EWHC 1507 (Fam)
  Judgments (26/06/2017)
  Judgment of Roberts J considering sham trusts; the beneficial ownership of various shareholdings and s.37 set aside applications
• A Local Authority v HB (Alleged Risk of Radicalisation and Abduction) [2017] EWHC 1437 (Fam)
  Judgments (23/06/2017)
  Fact-finding hearing in proceedings concerning applications for orders under the inherent jurisdiction of the High Court and Part IV of the Children Act 1989, which involved alleged risks of radicalisation.
• R v B and Capita Trustees [2017] EWFC 33
  Judgments (22/06/2017)
  Wife ordered to make ‘needs’ based award to husband adjusted to account for husband’s conduct and litigation misconduct.
• GP (Wrongful Removal) [2017] EWHC1480 (Fam)
  Judgments (21/06/2017)
  Application pursuant to the Child Abduction and Custody Act 1985 for the summary return of a child to Italy. Applicant granted.
• Quan v Bray and Others [2017] EWCA Civ 405
  Judgments (19/06/2017)
  Appeal by wife of a high net worth couple in financial remedy proceedings in which she asserted that funds donated by her husband were being held by a trust which was effectively a post-nuptial settlement.
• IH (Observance of Muslim Practice) [2017] EWCOP 9
  Judgments (14/06/2017)
  Applications before the court concerning the degree to which a person without capacity should be assisted in adhering to Islamic religious observances.
• TB v Secretary of State for Work and Pensions and RB (CSM) (Child support - cancellation) [2017] UKUT 218 (AAC)
  Judgments (14/06/2017)
  Appeal relating to a case governed by the 1993 child support scheme and concerning whether, and if so the date from which, a maintenance assessment should be cancelled due to an absent parent ceasing to be habitually resident but notifying the agency of that some 10 years after the event, during which period both children had grown up and ceased to be qualifying children.
• F v L [2017] EWHC 1377 (Fam)
  Judgments (14/06/2017)
  Appeal by the mother against the refusal of her application for permission to relocate to Italy and against the making of a Child Arrangements Order splitting the child’s time roughly equally between the two homes
• AH v Secretary of State for Work and Pensions (Child Support Agency) [2017] EWFC B27
  Judgments (14/06/2017)
  Out of time appeal against final lump sum deduction order in respect of arrears of child support dismissed.
• Sharp v Sharp [2017] EWCA Civ 408
  Judgments (13/06/2017)
  The Court of Appeal considers whether it is inevitably the case that matrimonial assets should be shared between the parties on an equal basis.
• Yates & Anor v Great Ormond Street Hospital For Children NHS Foundation Trust & Anor [2017] EWCA Civ 410
  Judgments (08/06/2017)
  Court of Appeal judgment in respect of an appeal concerning an order permitting withdrawal of artificial ventilation for Charlie, a nine month old boy suffering from a grossly debilitating genetic condition in circumstances where the parents wanted him to undertake medical treatment in the USA
• CD (Notice of care proceedings to father without parental responsibility) [2017] EWFC 34
  Judgments (08/06/2017)
  Application by local authority in the course of care proceedings in respect of three children that the father of one child, who did not have parental responsibility and thus was not entitled to automatic party status, should not be sent a copy of Form C6A notifying him of the proceedings.
• Re A and O (Children - Scotland) [2017] EWHC1293 (Fam)
  Judgments (31/05/2017)
  The President of the Family Division provides further guidance on applications for adoption orders brought by English applicants in respect of Scottish children
• Re J (Children) [2017] EWCA 398
  Judgments (30/05/2017)
  Successful appeal against final care orders in respect of three children on the basis of procedural unfairness.
• Marr v Collie [2017] UKPC 17
  Judgments (26/05/2017)
  Privy Council appeal in respect of a dispute as to beneficial ownership over real and personal property considering in particular whether the Stack v Dowden approach should apply where the personal relationship between the parties has a commercial aspect.
• M & N (Twins - Relinquished Babies - Parentage) [2017] EWFC 31
  Judgments (25/05/2017)
  Judgment of Cobb J in respect of twins making care orders and orders under section 21 ACA 2002 authorising the local authority to place them for adoption.
• AH v Secretary of State for Work and Pensions (Child Support Agency) [2017] EWFC 9
  Judgments (24/05/2017)
  Application by a litigant in person to appeal a lump sum deduction order out of time.
• Re A [2017] EWHC 1178 (Fam)
  Judgments (24/05/2017)
  Application for adoption where the applicant was the maternal aunt of the person to be adopted who was a citizen of Pakistan aged 19 years at the date of the hearing.
• H v K (Return Order) [2017] EWHC 1141 (Fam)
  Judgments (24/05/2017)
  Successful application before Macdonald J for the return of two children to the USA pursuant to the 1980 Hague Convention.
• WM v HM [2017] EWFC 25
  Judgments (19/05/2017)
  Mostyn J approves a linear approach to historic valuation of a business, rejects special contribution and offers guidance on the ‘sharing’ principle and pre-marital property.
• R (On the Application Of EL) v Essex County Council [2017] EWHC 1041 (Admin)
  Judgments (17/05/2017)
  Judgment of Charles J quashing a placement for adoption because the decision to place was procedurally unfair and highlighting what litigants ought to be told about challenging the adoption process.
• K (Remo - Power of Magistrates To Issue Bench Warrant) [2017] EWFC 27
  Judgments (17/05/2017)
  Judgment addressing the question of whether magistrates sitting in the Family Court have the power to issue a warrant for the arrest of an alleged maintenance debtor who has failed to obey an order to attend for questioning as to his means.
• B (Application for leave to revoke Placement Order) [2017] EWFC 26
  Judgments (17/05/2017)
  Parents, representing themselves, sought permission to revoke a placement order following their earlier unsuccessful application for permission to appeal
• B v B (Maintenance Regulation - Stay) [2017] EWHC 1029 (Fam)
  Judgments (17/05/2017)
  Consideration of a stay of proceedings pursuant to Articles 12 and 13 of the Maintenance Regulation in an application for enforcement of terms of a final order in financial remedy proceedings
• FF v KF [2017] EWHC 1093 (Fam)
  Judgments (17/05/2017)
  A husband’s appeal of a judgment in financial remedy proceedings in which the wife had been awarded £4.25 million on a needs basis. Mr Justice Mostyn dismissed the appeal and clarified the concept of needs.
• Re AD & Others Human Fertilisation and Embryology Act 2008 [2017] EWHC 1026 (Fam)
  Judgments (10/05/2017)
  Applications for declarations of parentage in accordance with section 55A of the Family Law Act 1986 where children had been born following donor insemination but statutory requirements had not been complied with.
• MS v MN [2017] EWHC 324 (Fam)
  Judgments (10/05/2017)
  Appeal in long-running dispute between two parents about the father’s contact with the parties’ child.
• Green v Adams [2017] EWFC 24
  Judgments (10/05/2017)
  Successful application by a mother for further capital provision for her 16-year old son under Schedule 1, Children Act 1989.
• Roxar v Jaledoust [2017] EWHC 977 (Fam)
  Judgments (10/05/2017)
  Application to discharge or vary a periodical payments order which provided for payment on a joint lives basis.
• Re W (A Child) (No 3) [2017] EWHC 1032 (Fam)
  Judgments (10/05/2017)
  Short judgment of the President dealing with a discrete issue concerning the date to be given to an adoption order.
• Re W (A Child) (No 2) [2017] EWHC 917 (Fam)
  Judgments (10/05/2017)
  Judgment of the President dealing with applications by W’s father for a certificate for a ‘leap-frog’ appeal to the Supreme Court, an application to appeal to the Court of Appeal and a stay.
• In the matter of a Ward of Court [2017] EWHC 1022 (Fam)
  Judgments (05/05/2017)
  Judgment of the President of the Family Division in which he examines the law in relation to investigatory, enforcement or regulatory agencies fulfilling their statutory functions to wards of court.
• F v M and A and Sec of State [2017] EWHC 949 (Fam)
  Judgments (03/05/2017)
  Judgment confirming that the grant of refugee status to a child by the Secretary of State for the Home Department is an absolute bar to any order by the Family Court seeking to effect the return of a child to an alternative jurisdiction; consideration of how the grant of refugee status could be challenged when an asylum claim is based on disputed allegations of violence.
• Cases F and H No. 2 [2017] EWHC 964 (Fam)
  Judgments (03/05/2017)
  Summary assessment of costs by the President of the Family Division in relation to applications for declarations of parentage in accordance with section 55A of the Family Law Act 1986
• Case N (no.2) [2017] EWHC 965 (Fam)
  Judgments (03/05/2017)
  Summary assessment of costs following judgment in Re the Human Fertilisation and Embryology Act 2008 (Case N) [2016] EWHC 1329 (Fam).
• Armstrong v Onyearu & Another [2017] EWCA Civ 258
  Judgments (21/04/2017)
  The Court of Appeal directly considers the equity of exoneration for the first time since 1898, and specifically how an indirect benefit from a liability can affect the equity between cohabiting couples.
• MBC v M [2017] EWFC 71
  Judgments (21/04/2017)
  Application, in public law children proceedings, brought by local authority for the committal to prison of step-father and mother of two children for breach of injunctions restricting contact.
• Re SW [2017] EWCOP 7
  Judgments (20/04/2017)
  Application to the Court of Protection by the attorney of a person said to lack mental capacity that that person should be permitted to donate bone marrow to her adoptive brother who required a bone marrow transplant.
• Kirk v Devon County Council & Another [2017] EWCA Civ 260
  Judgments (20/04/2017)
  Short judgment of the President addressing costs after two successful appeals against a local authority.
• Re Case K (no 2) (Human Fertilisation and Embryology Act 2008) [2017] EWHC 783 (Fam)
  Judgments (20/04/2017)
  Judgment determining the costs liability of the Local Authority and the Registrar General in (Case K), one of the series of cases concerning applications for a declaration of parentage.
• Re Cases Y, Z, AA, AB & AC (Human Fertilisation and Embryology Act 2008) [2017] EWHC 784 (Fam)
  Judgments (19/04/2017)
  Applications for declarations of parentage in accordance with section 55A of the Family Law Act 1986 where children had been born following donor insemination but statutory requirements had not been complied with.
• Re W (A Child) [2017] EWHC 829 (Fam)
  Judgments (19/04/2017)
  Complex and extensive proceedings heard by the President in respect of a contested adoption.
• Re B (Child) [2017] EWCA Civ 264
  Judgments (19/04/2017)
  Appeal by mother against refusal to grant permission to oppose the adoption of her child.
• Work v Gray [2017] EWCA Civ 270
  Judgments (13/04/2017)
  Affirmation by Court of Appeal of ‘special contribution’ approach of Miller / McFarlane and Charman No.4. Husband’s appeal, based on his alleged special contribution, dismissed.
• Mickovski v Liddell [2017] EWCA Civ 251
  Judgments (12/04/2017)
  Application by husband for permission to appeal against an order refusing his application to vary an order for periodical payments by revoking the same and, instead, capitalising those payments at £34,000. Permission refused and husband ordered to pay the wife £3,453 in costs.
• Giggs v Giggs [2017] EWHC 822 (Fam)
  Judgments (12/04/2017)
  Application by the Husband for an exclusion of the media order and a reporting restriction order. The Judge allowed the application and made a reporting restriction order; the application for exclusion of the media being withdrawn at this stage.
• Davis (As Trustee In Bankruptcy of Jackson) v Jackson & Another [2017] EWHC 698 (Ch)
  Judgments (12/04/2017)
  Judgment in relation to issues of equitable accounting occurring between a husband and a wife on the sale of a house which was declared in a Land Registry TR1 to be held on trust for both as joint tenants, following the bankruptcy of the husband.
• Re N-A (Children) [2017] EWCA Civ 230
  Judgments (12/04/2017)
  Appeal by the father of two children, aged 16 and 14 years, against the decision to refuse permission for him to take them to live permanently in Iran.
• Re M (Child) [2017] EWCA Civ 228
  Judgments (12/04/2017)
  Appeal to the Court of Appeal against a decision that a child born following a surrogacy arrangement should remain living with the gestational mother rather than the biological father, his partner and twins who were full siblings of the subject child.
• Chai v Peng & Others [2017] EWHC 792 (Fam)
  Judgments (12/04/2017)
  Judgment following final hearing of financial remedies claim by wife where the 'titanic' litigation lasted over 4 years, with costs of £9m, in which the husband's open offer was to pay a lump sum of £15m from a kitty of £119m and the wife sought £103m from a kitty of £206m. Wife awarded a lump sum of £64.5m from a kitty of £161m.
• Re H-W (A Child) [2017] EWCA Civ 154
  Judgments (05/04/2017)
  Judgment on appeal in intractable child arrangements dispute concerning contact between W, a nine year old child, and his father.
• D (A Child) [2017] EWCA Civ 196
  Judgments (05/04/2017)
  Successful Local Authority appeal contending that in respect of a fact-finding hearing there had been a failure to properly analyse and conduct an overall review of medical evidence.
• Re C (A Child) (No 2) (Application for Public Interest Immunity) [2017] EWHC 692 (Fam)
  Judgments (05/04/2017)
  Judgment in relation to the claim by the Secretary of State for the Home Department for Public Interest Immunity in relation to documents ordered to be disclosed into care proceedings.
• Z (A Child) [2017] EWCA Civ 157
  Judgments (05/04/2017)
  Appeal against case management order concerning which party should bear the cost of translating documents in public family law proceedings.
• Re D and Others (Children) [2017] EWHC 284 (Fam)
  Judgments (30/03/2017)
  Judgment on the issue of costs arising from an application under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
• B v B (Fertility Treatment - Paperwork Error) [2017] EWHC 599 (Fam)
  Judgments (29/03/2017)
  Application for declaration of parentage in respect of a child, of an unmarried couple, born as a result of fertility treatment where the clinic had made a paperwork error concerning consent.
• Assoun v Assoun [No 2] [2017] EWCA Civ 179
  Judgments (29/03/2017)
  A short judgment concerning whether it was appropriate to allow further submissions after a judgment has been circulated to the parties but not handed down.
• Assoun v Assoun [No 1] [2017] EWCA Civ 21
  Judgments (29/03/2017)
  Judgment of the Court of Appeal concerning the principles surrounding the making of a Hadkinson order.
• Owens v Owens [2017] EWCA Civ 182
  Judgments (24/03/2017)
  Appeal by wife from the refusal to grant her a decree nisi of divorce following a petition founded on section 1(2)(b) of the Matrimonial Causes Act 1973 even though the judge had, correctly, found as a fact that the marriage has broken down.
• Re TL [2017] EWCOP 1
  Judgments (22/03/2017)
  Unsuccessful application for permission to appeal against orders made in proceedings concerning a 41-year-old woman with a learning disability and some features of autism.
• Re SU and SA (Children) [2017] EWHC 441 (Fam)
  Judgments (22/03/2017)
  Judgment of Baker J following a referral by HM Passport Office regarding renewal of British passports in the names of three teenage girls (two of whom were wards of court) who were living in Australia with their father and whose mother objected to the renewal.
• Re B (A Child by her Guardian) [2017] EWHC 488 (Fam)
  Judgments (22/03/2017)
  Application by non-biological mother for a child arrangements order in respect of B, now living with the mother in Pakistan, to spend time with the applicant, for telephone and Skype contact, and for indirect contact by way of letter.
• HB v A Local Authority and Anor (Wardship - Costs Funding Order) [2017] EWHC 524 (Fam)
  Judgments (22/03/2017)
  Judgment of MacDonald J determining whether the High Court has power, under its inherent jurisdiction, to make a costs funding order against a local authority requiring it to fund legal advice and representation for a parent in wardship proceedings brought by the local authority where that parent had lawfully been refused legal aid.
• Ilott v The Blue Cross & Ors [2017] UKSC 17
  Judgments (16/03/2017)
  Supreme Court judgment concerning quantum of award under the Inheritance (Provision for Family and Dependants) Act 1975 to the estranged daughter of the deceased whose will made no provision for the daughter.
• DJ v Secretary of State for Work and Pensions and TJ (CSM) (Child support - receipt of benefit) [2017] UKUT 83 (AAC)
  Judgments (15/03/2017)
  Appeal concerning whether a father’s liability to pay child support should end when a child is in full-time employment. Appeal allowed and remitted for rehearing.
• Martin v Williams [2017] EWHC 491 (Ch)
  Judgments (15/03/2017)
  Appeal by widow of deceased against an award under the Inheritance (Provision for Family and Dependants) Act 1975 in favour of the deceased's partner who was living with him at the time of his death.
• I County Council v TD & Others [2017] EWHC 379 (Fam)
  Judgments (15/03/2017)
  Twelve month supervision order made in respect of four children who were to remain in their mother’s care, against the recommendation of the Guardian that a care order be made. Orders for direct and indirect contact made in respect of the respective fathers. Consideration given to the difference between a care order and supervision order.
• J v U; U v J (No.2) (Domicile) [2017] EWHC 449 (Fam)
  Judgments (15/03/2017)
  Application for the dissolution of a marriage where the domicile of the parties was in dispute.
• Norman v Norman [2017] EWCA Civ 120
  Judgments (15/03/2017)
  The Court of Appeal refuses permission to appeal a refusal to set aside a financial remedies consent made order in 2005 following a similar decision in the case in 2010. The Court considered the law on res judicata, estoppel and the court’s powers under s31F(6) MFPA 1984 and FPR 2010 r4.1(6).
• SW & TW (Human Rights Claim: Procedure) (No1) [2017] EWHC 450 (Fam)
  Judgments (09/03/2017)
  Judgment in proceedings concerning two siblings and involving cross-applications for private law orders, an application by the local authority for public law orders and applications brought under section 7 of the Human Rights Act 1998 for declarations and damages.
• Roberts & Anor v Fresco [2017] EWHC 283 (Ch)
  Judgments (09/03/2017)
  Application for permission to amend a claim form, the central question being whether a potential Inheritance Act claim by a surviving husband against his deceased wife’s estate abates on the death of the husband.
• A v R and Another (Declaration of Parentage) [2017] EWHC 396 (Fam)
  Judgments (08/03/2017)
  Declaration of parentage made where the wrong forms were signed after the couple's child was born following fertility treatment.
• T (A Child) [2017] EWFC 19
  Judgments (08/03/2017)
  Final hearing in contested adoption proceedings where the mother had not been notified of the application for an adoption order or the father’s successful application for leave to oppose because her whereabouts were unknown.
• Lachaux v Lachaux [2017] EWHC 385 (Fam)
  Judgments (08/03/2017)
  Mostyn J determined applications relating to the status of a Dubai divorce and set out his interpretation of s2(1)(b)(i) of the FLA 1986, which was said to provide a jurisdictional basis for the mother’s Children Act application.
• R (A Child - Care Order) [2017] EWHC 364 (Fam)
  Judgments (01/03/2017)
  Judgment in a re-hearing in care proceedings in relation to a child, whose mother accepted that she had a long, chronic history of substance misuse. The two central issues were: (i) the interpretation of hair strand test results, and (ii) resolution of the child's welfare.
• G v S [2017] EWHC 365 (Fam)
  Judgments (01/03/2017)
  Judgment determining unresolved issues arising from a claim under Schedule 1 to the Children Act 1989, in particular a provision seeking to restrict the mother and child from purchasing a replacement property outside England and Wales, effectively to prevent external relocation before a specified stage in the child's education.
• A Local Authority & Anor v MC & Ors (Care proceedings) (Inherent Jurisdiction) [2017] EWHC 370 (Fam)
  Judgments (28/02/2017)
  Care proceedings and an application under the inherent jurisdiction for a declaration of lawfulness of withholding invasive treatment.
• Wodzicki v Wodzicki [2017] EWCA Civ 95
  Judgments (28/02/2017)
  Appeal asserting sole beneficial ownership in an English property by virtue of on an alleged common intention constructive trust or alternatively, by way of proprietary estoppel.
• H (A Minor) v Northamptonshire County Council & Anor [2017] EWHC 282 (Fam)
  Judgments (23/02/2017)
  Keehan J’s judgment in H (a minor) provides useful and timely guidance for practitioners and the LAA on the proper procedure for pursuing HRA claims issued during the course of care proceedings.
• Re K and D (Wardship Without Notice Return Order) [2017] EWHC 153 (Fam)
  Judgments (22/02/2017)
  Without notice application by a local authority seeking permission to invoke the inherent jurisdiction of the High Court and, thereafter, seeking orders in wardship in respect of two British children, aged 15 and 13, including orders for their summary return to this jurisdiction from Cyprus.
• W v X (Jurisdiction in matters of parental responsibility) [2017] EUECJ C-499-15
  Judgments (22/02/2017)
  Judgment of European Court of Justice concerning a matter of jurisdiction in relation to parental responsibility and determining that jurisdiction should lie with the courts where the child is habitually resident.
• Steinfeld & Keidan v Secretary of State for Education [2017] EWCA Civ 81
  Judgments (22/02/2017)
  Appeal against the dismissal of a challenge against the Secretary of State for Education's decision not to make or promote changes to the 2004 Act to remove the prohibition on different-sex couples entering into a civil partnership.
• Thakkar v Thakkar & Ors [2017] EWFC 13
  Judgments (22/02/2017)
  Fact finding (financial remedy) – determination of preliminary issues as to extent of husband’s and third parties’ beneficial interests in approximately. sixty international company entities, consideration of ‘sham’ / bare trust / nominee arguments.
• J (A Child) (Finland) (Habitual Residence) [2017] EWCA Civ 80
  Judgments (22/02/2017)
  Court of Appeal dismisses a father’s appeal against the decision that the English courts lacked jurisdiction in relation to proceedings he wished to bring in relation to his son living in Finland.
• M (Children - Care Proceedings: Passport Order) [2017] EWCA Civ 69
  Judgments (22/02/2017)
  Appeal against an open-ended order denying a father the return of his passports.
• CZ (Human Rights Claim: Costs) [2017] EWFC 11
  Judgments (17/02/2017)
  Judgment in respect of claim under the Human Rights Act 1998 by parents and child for damages against a local authority in respect of an interim care order and section 20 agreement.
• Hayatleh v Mofdy [2017] EWCA Civ 70
  Judgments (15/02/2017)
  The Court of Appeal’s judgment in relation to the validity of a Syrian marriage; displacing the presumption of marriage.
• Re X (A Child) [2017] EWHC 158 (Fam)
  Judgments (15/02/2017)
  Judgment of Munby P granting, inter alia, a without notice location order in a case where relief was required to enforce an order made by the Scottish Court.
• A v W and Others No 2 (Welfare) [2017] EWFC 8
  Judgments (15/02/2017)
  Judgment of Theis J in care proceedings in which she (i) refused an application by the mother for further assessment after a fact-finding hearing concerning non-accidental injuries; and (ii) made care and placement orders in respect of two infant children.
• Wdowiak v Poland - 2876-12 (Judgment (Merits and Just Satisfaction) - Court (Fourth Section)) [2017] ECHR 133
  Judgments (15/02/2017)
  Judgment of the European Court of Human Rights as to whether the state of Poland had violated the applicant’s article 8 right to family life by failing to take sufficient steps to enforce his rights to spend time with his son. The Strasbourg court found no such violation.
• Norman v Norman [2017] EWCA Civ 49
  Judgments (12/02/2017)
  Gloster LJ clarifies the law on anonymising reports of financial remedies appeals to the Court of Appeal.
• Re S (A Child) [2017] EWCA Civ 44
  Judgments (08/02/2017)
  A mother’s appeal, in private law proceedings, against the determination that ten allegations she had made were not proved.
• Re TJ (Relinquished for adoption: sibling contact) [2017] EWFC 6
  Judgments (08/02/2017)
  Judgment concerning the issue of post-adoption contact between two half-siblings.
• Re SL (Permission to Vaccinate) [2017] EWHC 125 (Fam)
  Judgments (08/02/2017)
  Application by a local authority under the inherent jurisdiction for a declaration that it was in SL’s best interests to receive two immunisations.
• X v X [2016] EWHC 3512 (Fam)
  Judgments (03/02/2017)
  Judgment by Bodey J in favour of anonymising a judgment he had previously handed down in a financial remedy application.
• Re MM (A Patient) [2017] EWCA Civ 34
  Judgments (03/02/2017)
  An appeal from the Court of Protection in which the appellant had been ordered to facilitate MM’s return to this jurisdiction, the court having found (on a number of occasions) it to be in MM’s best welfare interests to be cared for in the south west of England. The parties compromised the appeal and the court was asked to approve a consent order, allowing the appeal, on the basis that (i) the order made had become otiose and (ii) it would be futile to subject the appellant to further coercive orders in the face of her continuing obduracy. Case remitted to the court of first instance for the proceedings to be concluded.
• London Borough of Hackney v Williams & Anor [2017] EWCA Civ 26
  Judgments (01/02/2017)
  Appeal by London Borough of Hackney against judgment finding it liable for failing to comply with its statutory duty under the Children Act 1989 section 20.
• Briers v Briers [2017] EWCA Civ 15
  Judgments (01/02/2017)
  Husband’s appeal against financial remedies order turning principally on two issues: a factual determination as to a 2005 agreement, and delay. Ryder LJ’s judgment reiterates that, in a delay case, it is “beyond argument that the significant delay in making the claim is one of the major factors in play in the subsequent assessment by the court”and considers Wyatt v Vince.
• Iqbal v Iqbal [2017] EWCA Civ 19
  Judgments (01/02/2017)
  Court of Appeal judgment considering the impact of various procedural irregularities on interim and final hearings, and in respect of enforcement proceedings, where the salient issue was the availability of otherwise of family resources to H.
• J v B (Ultra-Orthodox Judaism: Transgender) [2017] EWFC 4
  Judgments (01/02/2017)
  Contact application by a father who now lives as a transgender person in respect of his children who live with their mother in a Charedi community.
• Gakharia v Georgia - 30459-13 (Judgment (Merits and Just Satisfaction) - Court (Fourth Section)) [2017] ECHR 41
  Judgments (25/01/2017)
  Complaint to the ECtHR that the Georgian Government had breached the applicant’s Article 6 and Article 8 rights by failing to properly summon him to proceedings in which the domestic court restricted his parental rights.
• Re N (Hague Convention - Habitual Residence) [2017] EWHC 63 (Fam)
  Judgments (25/01/2017)
  Judgment of Cobb J in relation to a mother’s application under The Hague Convention and BIIA seeking the return of her daughter N.
• Goyal v Goyal (No. 3) [2017] EWFC 1
  Judgments (25/01/2017)
  Judgment by Mostyn J as to whether a declaration of ownership of pension rights had been set aside by the Court of Appeal, applicability of issue estoppel, a double-limbed periodical payments order and a ‘bolstering injunction’.
• Egeneonu v Egeneonu [2017] EWHC 43 (Fam)
  Judgments (25/01/2017)
  Application by mother for a declaration that the contempts of the father, who had removed the parties' children to Nigeria, were criminal, and not merely civil.
• In the Matter of the Human Fertilisation and Embryology Act 2008 (Case K) [2017] EWHC 50 (Fam)
  Judgments (23/01/2017)
  Application brought by X (supported by his partner, Y) seeking, together with other relief, a declaration pursuant to section 55A of the Family Law Act 1996 that he is, in accordance with sections 36-37 of the Human Fertilisation and Embryology Act 2008, the legal parent of C1 and C2, where the registrar had refused to register X as C1 and C2’s father because X and Y could not produce the necessary written consents.
• In the Matter of the Human Fertilisation and Embryology Act 2008 (Cases P, Q, R, S, T, U, W and X) Neutral Citation Number: [2017] EWHC 49 (Fam)
  Judgments (23/01/2017)
  Judgment in respect of eight cases in which the partner of the mother of a child born as a result of IVF treatment had applied for a declaration that the partner is the child's legal parent, following administrative failure by the treating clinic.
• Babiarz v Poland - 1955-10 (Judgment (Merits and Just Satisfaction) - Court (Fourth Section)) [2017] ECHR 13
  Judgments (18/01/2017)
  Application to the European Court of Human Rights concerning an alleged breach of the applicant’s Article 8 and Article 12 rights.
• A & Ors (Children - Scottish adoptions) [2017] EWHC 35 (Fam)
  Judgments (18/01/2017)
  Judgment by Sir James Munby P considering preliminary issues in six cases involving an application for adoption under the Adoption and Children Act 2002 by prospective parents, living in England, of children who were living with them and in relation to each of whom a Scottish Sheriff had made a permanence order with authority to adopt under sections 80 and 93 of the Adoption and Children (Scotland) Act 2007.