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2018 Judgments

• R (Children) [2018] EWCA Civ 3050
  Judgments (03/05/2019)
  Appeal against an order which moved two children from the care of a friend of the mother to foster care.
• B (children) [2018] EWCA Civ 3049
  Judgments (03/05/2019)
  This was an appeal in relation to a decision made by His Honour Judge Glenn Brasse that one of the children in care proceedings should be separately represented.
• H v T (Judicial Change of Mind) [2018] EWHC 3962 (Fam)-1
  Judgments (11/04/2019)
  Appeal heard by MacDonald J of an order following financial remedy proceedings. The Husband had been given permission to appeal on his first ground of appeal only, essentially that the Judge at first instance had failed to make adequate capital provision for the Husband.
• Birmingham City Council v MM and FF [2018] EWFC 94
  Judgments (28/03/2019)
  Judgment of Keehan J giving reasons for granting a local authority permission to withdraw care proceedings.
• Wodehouse v Wodehouse [2018] EWCA Civ 3009
  Judgments (25/03/2019)
  The Court of Appeal discharges a lump sum order made against a third party trust in the context of financial remedy proceedings.
• A v B and C (by her Children’s Guardian) [2018] EWHC 3834 (Fam)
  Judgments (06/02/2019)
  Judgment of Keehan J making a child arrangements order that C, a 16 year old girl, should live with her father but spend time with her aunt on no less than three occasions per week and, pursuant to s.12(2)(a) of the Children Act 1989, granting parental responsibility to the aunt.
• Lemmens v Barbara Brouwers (Ex Lemmens) [2018] EWCA Civ 2963
  Judgments (30/01/2019)
  Appeal against a costs order made at the conclusion of the hearing determining an application for a variation of periodical payments.
• Daga v Bangur [2018] EWFC 91
  Judgments (30/01/2019)
  Financial remedy judgment in which the husband failed in his application for a lump sum to meet needs and which serves as a cautionary tale when pursuing a claim against a discretionary trust.
• Northamptonshire County Council v M and N [2018] EWFC 82
  Judgments (23/01/2019)
  Judgment of Keehan J, who being satisfied that the mother would fabricate and/or exaggerate symptoms in her son and present him for repeated and frequent appointments for examinations by healthcare professionals and would start to induce symptoms in N, made a Special Guardianship order in favour of the maternal grandparents.
• H, Re [2018] EWHC 3761 (Fam)
  Judgments (23/01/2019)
  Mostyn J dismisses committal application as a result of ‘fatal errors’ in the procedure adopted.
• M v Derbyshire County Council and others [2018] EWHC 3734 (Fam)
  Judgments (23/01/2019)
  Unsuccessful application for permission to reopen findings of fact in a case involving non-accidental injuries to a child.
• YC v AC [2018] EWHC 2406 (Fam)
  Judgments (15/01/2019)
  Judgment dealing with an application by a Turkish mother under the Hague Convention for summary return of a child to Turkey.
• AR v JR [2018] EWHC 3626 (Fam)
  Judgments (09/01/2019)
  Application by the husband pursuant to rule 4.4(1)(b) of the FPR 2010 that the wife’s application for financial remedies in the divorce suit be struck out on the basis that it was (a), vexatious, and/or duplicative and/or (b), on the basis there had been prior compromise within earlier judicial separation proceedings.
• X (A Child) (No 5) [2018] EWHC 3442 (Fam)
  Judgments (09/01/2019)
  Judgment of Sir James Munby in which he decided not to extend a reporting restrictions order in relation to the birth parents in a case with a significant history where the names of the birth parents were already in the public domain.
• X (A Child) (No 4) [2018] EWHC 1815 (Fam)
  Judgments (09/01/2019)
  Rehearing of a fact-finding within care proceedings, following conflicting expert evidence called at the subsequently-abandoned criminal trial years later.
• Quan v Bray & Ors [2018] EWHC 3558 (Fam)
  Judgments (01/01/2019)
  Judgment of Mostyn J concerning a wife’s application seeking periodical payments for joint lives and the adjournment of her capital claims.
• Martin v Martin [2018] EWCA Civ 2866
  Judgments (01/01/2019)
  Court of Appeal financial remedies decision addressing issues of the approach the court should take to the valuation of shares in a private company and how to determine non-marital wealth.
• C (Children) (Abduction Article 13 (B)) [2018] EWCA Civ 2834
  Judgments (01/01/2019)
  Successful appeal of the dismissal of a father’s application under the Hague Child Abduction Convention 1980
• Brack v Brack [2018] EWCA Civ 2862
  Judgments (31/12/2018)
  Financial remedy appeal concerning the validity of a prorogation clause in a prenuptial agreement and the effect, if any, on the Court’s ability to take into account needs, compensation and sharing where there is a valid prenuptial agreement with no vitiating factors.
• J (A child - Hague Child Abduction Convention - Physical Chastisement and Homophobic Abuse) [2018] EWFC 85
  Judgments (19/12/2018)
  Application under the 1980 Hague Convention for the summary return of a child to the jurisdiction of Portugal
• F (A Child - Placement Order- Proportionality) [2018] EWCA Civ 2761
  Judgments (19/12/2018)
  Successful appeal to the Court of Appeal against a care and placement order.
• M (A Child) (Secure Accommodation) 2018 EWCA Civ 2707
  Judgments (17/12/2018)
  Unsuccessful appeal against a secure accommodation order, in which the Court of Appeal sets out the current law on secure accommodation orders.
• P (Declaration of Parentage- PP Form Mistake) [2018] EWFC 74
  Judgments (11/12/2018)
  Application for a declaration to remedy an error arising from the insertion of the wrong date on a form required by statute for legal parentage.
• BT & GT (Children: twins - adoption) [2018] EWFC 76
  Judgments (11/12/2018)
  Judgment of Keehan J granting two applications for adoption in respect of twins who had been placed separately and criticising the ‘utterly appalling’ failings of the local authority which had led to their separation.
• A & B (care orders and placement orders - failures) [2018] EWFC 72
  Judgments (11/12/2018)
  Judgment of Keehan J revoking placement orders made in respect of two children who had suffered over ten years of ‘woeful’ care-planning by the local authority and ‘stark’ and ‘grave’ failures by the independent reviewing officers (“IROs”) to exercise their statutory function to safeguard the children’s welfare and future care.
• C (a Child), Re [2018] EWHC 3332 (Fam) (06 December 2018)
  Judgments (11/12/2018)
  Judgment of Cohen J determining that it was not appropriate for the local authority to notify the father about the birth of the child in circumstances where a very young mother wished for the child to be adopted.
• G (Declaration of Parentage - Removal of Person Identified as Mother from Birth Certificate) (No 2) [2018] EWHC 3361 (Fam) (16 October 2018)
  Judgments (11/12/2018)
  Case summary coming soon
• HRH Louis Prince of Luxembourg v HRH Tessy Princess of Luxembourg and Anor (Application for Financial Remedy) [2018] EWFC 77
  Judgments (07/12/2018)
  Mr Justice MacDonald considered an application for financial remedies made by HRH Tessy Princess of Luxembourg in circumstances where the respondent husband (HRH Louis Prince of Luxembourg) asserted that the entirety of the beneficial interest in the family home was owned by a third party.
• US v SR (No. 4) (Executory Mainframe Distribution Order: Change in circumstances: Extent of the Court’s Ability to Revisit Terms) [2018] EWHC 3207 (Fam)
  Judgments (06/12/2018)
  Judgment of Roberts J in long running litigation addressing the court’s ability to vary a financial remedies order made by a judge at the conclusion of those proceedings.
• RR v MM [2018] EWHC 3252 (Fam)
  Judgments (05/12/2018)
  Refusal by Moor J of a father’s application for permission to appeal, made in long-running private law proceedings, against an order under s.91(14), dismissal of an application for recusal, and refusal to reinstate direct contact with the child.
• X & Anor v A & Ors [2018] EWHC 3223 (Fam)
  Judgments (05/12/2018)
  Judgment of Keehan J making adoption orders in respect of two children and also ordering an injunction under the inherent jurisdiction.
• A & Anor v Northamptonshire County Council & Ors [2018] EWHC 3244 (Fam)
  Judgments (05/12/2018)
  Application for permission to set aside the findings of fact in a case of non-accidental injuries to a seven-week old child.
• Moore v Moore & Anor [2018] EWCA Civ 2669
  Judgments (30/11/2018)
  Appeal in long-running case concerning a claim for proprietary estoppel involving a family farm. Appeal allowed on the ground of how the equity was to be satisfied.
• AEY v AL (Family Proceedings Civil Restraint Order) [2018] EWHC 3253 (Fam)
  Judgments (29/11/2018)
  Knowles J refused seven applications by a father for permission to appeal and made an extended civil restraint order
• C v C [2018] EWHC 3186 (Fam)
  Judgments (28/11/2018)
  
• Human Fertilisation And Embryology Act 2008 (Case AM), Re [2018] EWHC 3178 (Fam)
  Judgments (28/11/2018)
  Sir James Munby makes a declaration of parentage and parental responsibility following his decision in the matter of In re A and others (Legal Parenthood: Written Consents) [2015] EWHC 2602 (Fam)
• IX v IY [2018] EWHC 3053 (Fam)
  Judgments (21/11/2018)
  Williams J decided a financial remedies application with total assets of £38.3m by awarding W the higher of (a) needs and (b) sharing, amounting to 24.3% of the total assets and 50% of the matrimonial assets.
• Egeneou v Egeneou [2018] EWCA Civ 2565
  Judgments (21/11/2018)
  Appeal against the length of a prison sentence for contempt of court when there have been previous findings of contempt and a suspended sentence ordered.
• Re S [2018] EWHC 3054
  Judgments (14/11/2018)
  Article 15 transfer case raising novel point of law as the care proceedings had already been transferred from the Republic of Ireland; it was open to the court to request a transfer back to the Republic of Ireland but in this case the court declined to do so.
• Egeneonu v Egeneonu (Rev 3) [2018] EWHC 3029 (Fam)
  Judgments (14/11/2018)
  Judgment of Cobb J in which he imposes a custodial sentence and makes it clear that ‘Those who assist, materially assist, those who abduct children in this way, must also expect lengthy sentences from this court if they are found to be in contempt.’
• Leeds Teaching Hospitals NHS Trust v JF (By her Litigation Friend, the Official Solicitor) and CH [2018] EWCOP 32
  Judgments (14/11/2018)
  Judgment of Mr Justice Cohen, sitting in the Court of Protection, making orders concerning ongoing treatment of a patient with a terminal illness
• LM v KD 2018 EWHC 3057 (Fam)
  Judgments (14/11/2018)
  Two appeals against orders by judges refusing to stay separate but connected Schedule 1 proceedings and ToLATA proceedings in different English courts between the husband and the wife.
• NN v AS & Ors [2018] EWHC 2973 (Fam)
  Judgments (07/11/2018)
  Judgment of Mrs Justice Roberts, in which she carefully considers, in the context of a Part III claim, contentions by the Applicant Wife that the Husband is the true absolute beneficial owner of three properties in central London and a yacht.
• HC (A Minor Deprivation of Liberty) [2018] EWHC 2961 (Fam)
  Judgments (07/11/2018)
  Local Authority application for a determination as to whether a placement of a 13 year old boy constituted a deprivation of liberty and if it did, for the court’s authorisation, by way of declaratory relief pursuant to the inherent jurisdiction.
• Manchester City Council Legal Services v LC & Anor [2018] EWHC 2849 (Fam)
  Judgments (07/11/2018)
  Judgment of Hayden J in the Court of Protection in a case with a complex history in which His Lordship makes a number of interim decisions and recognises the need for public debate and further consideration as to “whether the MCA, by collateral declarations, is apt to limit the autonomy of individuals in spheres where they are capacitous”.
• Hart v Hart [2018] EWHC 2966 (Fam)
  Judgments (07/11/2018)
  Sentencing hearing following successful committal application by the Wife against the Third and Fourth Respondents
• Hart v Hart [2018] EWHC 2894 (Fam)
  Judgments (31/10/2018)
  Judgment concerning the alleged breach of an order for disclosure within “very long-running” financial remedy proceedings”
• RV v VT [2018] EWHC 2808 (Fam)
  Judgments (31/10/2018)
  Judgment ordering the return of a child to Latvia in which a child was found to have acquired habitual residence in Latvia after approximately 4 months, previously having lived and been habitually resident in England – where the mother remained living - for four years.
• University College London Hospitals v KG [2018] EWCOP 29
  Judgments (31/10/2018)
  Judgment of Cohen J approving the administration of a new and untested treatment for CJD in respect of a patient who had lost capacity to make his own informed decisions.
• D, (A Child), Re [2018] EWHC 2828 (Fam)
  Judgments (31/10/2018)
  Hayden J scrutinises and reviews a “profoundly disturbing” case in which there had been a failure to achieve an appropriate placement for a child with a wide variety of challenging behaviours.
• Hertfordshire CC v Ms T and Mr J [2018] EWHC 2796 (Fam)
  Judgments (31/10/2018)
  Judgment of Keehan, J at the final hearing in care proceedings in which His Lordship gave himself a revised Lucas direction.
• C (An Infant), Re (Rev 1) [2018] EWHC 2750 (Fam)
  Judgments (24/10/2018)
  A decision of Ms Justice Russell granting a declaration sought by an NHS Trust that it would be lawful and in the best interests of a two month old child for his treatment to be limited to palliative care.
• A and R (Children), Re [2018] EWHC 2771 (Fam)
  Judgments (24/10/2018)
  Unsuccessful appeal by the mother against a fact finding hearing in private children proceedings, where Baker J provides a useful reminder of the law pertaining to domestic abuse cases, in particular the question of appeals arising from fact finding hearings
• H (Children) [2018] EWFC 61
  Judgments (24/10/2018)
  Care proceedings concerning two children which took 116 weeks to resolve largely because of the approach and delay in concurrent criminal proceedings. Sir James Munby gives helpful guidance about the engagement of the family court with other courts, agencies and public authorities.
• A (A Child) [2018] EWCA Civ 2240
  Judgments (17/10/2018)
  Appeal in care proceedings involving rival SGO contenders: a foster carer and extended family members in Ghana. At first instance, the judge made a SGO to the foster carer. Appeal allowed.
• Jay v Secretary of State for Justice 2018 EWHC 2620 (Fam)
  Judgments (17/10/2018)
  Appeal against the decision of the Gender Recognition Panel to refuse a third application for a Gender Recognition Certificate.
• KBH & Ors (Forced Marriage Protection Order - Persons To Be Protected Permanently Resident Abroad) [2018] EWHC 2611 (Fam)
  Judgments (10/10/2018)
  Judgment of Holman J declining to make any order (including a FMPO) because he was not satisfied that there was a properly constituted set of proceedings.
• T (A Child) [2018] EWCA Civ 2136
  Judgments (10/10/2018)
  Decision of the President as to the exercise of the inherent jurisdiction of the High Court to make declarations permitting the accommodation of a child in a secure unit (akin to a statutory secure accommodation order under s.25 of the CA 1989) and whether the subject child’s valid consent to such accommodation removed the court’s power to make the declaration.
• B (A Child) [2018] EWCA Civ 2127
  Judgments (10/10/2018)
  Appeal from findings of fact made within care proceedings as to the causation of injuries to a young baby. (The judgment includes particularly helpful guidance about the law relating to the duty to put an adverse case).
• De Gafforj (Appeal - Hadkinson Order) [2018] EWCA Civ 2070
  Judgments (03/10/2018)
  Appeal concerning the wife (‘W’)’s application for a Hadkinson order against the husband (‘H’) - she sought to prevent H from pursuing an appeal in the divorce proceedings on the basis that H was in contempt of court for failing to comply with orders for maintenance pending suit, costs and legal services payments.
• B-P (Children - Adoption or Fostering) [2018] EWCA Civ 2042
  Judgments (26/09/2018)
  Appeal concerning a court’s decision not to grant Placement Orders in respect of three children under 5 years of age and making final care orders only having concluded that they could not be returned to the care of their parents.
• LKH v TQA AL Z (Interim maintenance and pound for pound costs funding) [2018] EWHC 2436 (Fam) (24 July 2018)
  Judgments (20/09/2018)
  A wife’s application for a pound for pound order in a ‘big money’ financial remedy case.
• K (A Child): Threshold Findings) [2018] EWCA Civ 2044 (04 September 2018)
  Judgments (19/09/2018)
  Successful appeal against a finding that the threshold for making a care order had not been made out.
• M (A Child) [2018] EWCA Civ 2043
  Judgments (18/09/2018)
  A father’s unsuccessful appeal against an order to return his 15-year-old daughter to England from Thailand.
• A v A Case No LV15D009589
  Judgments (13/09/2018)
  Judgment which considers the correct approach in modest asset or “needs” cases, when either party is raising conduct and or non-disclosure.
• R v K [2018] EWFC 59
  Judgments (05/09/2018)
  Judgment of Baker J in financial remedy proceedings where the central issue was whether liabilities had been fabricated or exaggerated in an attempt to defeat the wife’s claim. Successful “add-back”.
• Leicestershire County Council v AB and others [2018] EWFC 58
  Judgments (03/09/2018)
  Judgment of Keehan J following final hearing in care proceedings concerning half-siblings aged 4 and 3. “Lancashire” finding made that the perpetrator of the injuries to the elder child was either the mother or her partner. Child arrangements order made for both children to live with the biological father of the younger child, as opposed to being separated to live with their respective biological fathers.
• Tattersall v Tattersall [2018] EWCA Civ 1978
  Judgments (29/08/2018)
  The Court of Appeal dismissed a husband’s appeal against orders for enforcement of unpaid periodical payments arising from a financial remedy order.
• YZ v Leicester City Council & Ors [2018] EWHC 2262 (Fam)
  Judgments (25/08/2018)
  Application by a father to discharge a care order pursuant to s.39 of The Children Act 1989.
• B (A Child: Immunisation) [2018] EWFC 56
  Judgments (23/08/2018)
  A mother’s successful application for a specific issue order for permission to immunise her child.
• AW v KJ [2018] EWHC 2229 (Fam)
  Judgments (22/08/2018)
  Application under the inherent jurisdiction for a return order
• A v A [2018] EWHC 2194 (Fam)
  Judgments (22/08/2018)
  Hearing to determine the appropriate replacement undertakings following the Husband’s successful appeal against the Wife’s release from undertakings
• Y v A Healthcare NHS Trust (2) The Human Fertilisation And Embryology Authority (3) Z (By His Litigation Friend,The Official Solicitor) [2018] EWCOP 18
  Judgments (17/08/2018)
  Y, the wife of Z sought a declaration that it was lawful and in Z’s best interests for his gametes to be retrieved and stored prior to his death despite his incapacity and inability to consent, and an order pursuant to s.16 of the Mental Capacity Act 2005 that a suitable person should sign the relevant consent for the storage of Z’s sperm on his behalf.
• W (A Child) [2018] EWCA Civ 1904
  Judgments (15/08/2018)
  Court of Appeal judgment commenting on the jurisdiction of the High Court to set aside a final order made under the Hague Convention 1980.
• F v M [2018] EWHC 2106 (Fam)
  Judgments (15/08/2018)
  Father’s appeal to the High Court against a refusal to recognise an order of a Moscow District Court, the mother having successfully argued, and continued to maintain, that registration should be refused because the decision had been made without the child having had the opportunity to be heard, and that the decision was contrary to public policy.
• A-F (Children) (No 2) [2018] EWHC 2129 (Fam)
  Judgments (15/08/2018)
  Judgment of Sir James Munby dealing with a number of matters following his decision in Re A-F (Children) (Restrictions on Liberty) [2018] EWHC 138 (Fam). Sir James approved draft forms of order for use in these cases and three forms of order are attached to the judgment: (i) directions on issue; (ii) order following first hearing; and (iii) order following final hearing.
• Akhter v Khan [2018] EWFC 54
  Judgments (09/08/2018)
  Williams J creates a new ‘flexible approach’ to the interpretation of s.11 MCA 1973, incorporating principles of fundamental human rights, so as to declare a marriage void (as opposed to a non-marriage) after an Islamic Nikah ceremony and render it susceptible to a decree of nullity, so enabling the wife to apply for financial relief.
• Sparkasse Koln Bonn v Cutts & Anor [2018] EWHC 1879 (Ch)
  Judgments (08/08/2018)
  Determination of beneficial interest in a claim for an order for sale pursuant to a final charging order
• LCC v AB & Ors [2018] EWHC 1960 (Fam)
  Judgments (07/08/2018)
  Judgment of Keehan J dealing with the question of whether threshold is crossed on the basis that the care provided by a parent was not reasonable in circumstances where they accepted that they were unable to care for their children and sought assistance from a local authority by way of accommodating the children under a s.20 agreement.
• PS v BP [2018] EWHC 1987 (Fam) (27 July 2018)
  Judgments (06/08/2018)
  Appeal in relation to a fact finding hearing concerning a contact application in which the judge who had been in an “invidious position”, had not permitted the father to cross-examine the Mother directly. Hayden J sets out observations concerning the procedure for cases where the court is required to hear a case "put" to a key factual witness where the allegations are serious and intimate and where the witnesses are themselves the accused and accuser.
• A & B v C [2018] EWHC 2048
  Judgments (06/08/2018)
  Cohen J concludes that a non-parent without rights granted by a court or by someone with parental rights could avail him or herself of Article 21 of the Hague Convention on the Civil Aspects of International Child Abduction 1980.
• West Sussex County Council & The Chief Constable of Sussex Police v F, M, N, P and T [2018] EWHC 1702 (Fam)
  Judgments (06/08/2018)
  Fact finding in a forced marriage and care case. Williams J considered the different approach required to mandatory orders within a Forced Marriage Protection Order, as opposed to prohibitory orders.
• Re A (Relinquished baby Risk of domestic abuse) [2018] EWHC 1981 (Fam)
  Judgments (01/08/2018)
  Successful application before Cobb J for a declaration that it is permissible and lawful for the Local Authority to arrange for the adoption of a child without notifying the child’s putative father and / or their extended paternal and maternal family members.
• M v F [2018] EWHC 1949 (Fam)
  Judgments (01/08/2018)
  Mother’s application to relocate with parties’ children to Uganda granted, by consent. Court determining ancillary issues relating to the relocation, including whether father should have permission to take the children to Eritrea for one week during his time with them.
• X (A Child FGMPO) [2018] EWCA Civ 1825
  Judgments (01/08/2018)
  An appeal by a Father from an aspect of a FGMPO which prohibits the parents from removing the child from the jurisdiction of England and Wales until she is 16 years of age. Appeal allowed and case remitted for full hearing. The Court of Appeal also made a number of important observations concerning FGMPO cases.
• Harris v Harris [2018] EWHC 1836 (Fam)
  Judgments (25/07/2018)
  Appeal against an order which capitalised spousal maintenance and increased child maintenance.
• A (Children) [2018] EWCA Civ 1718
  Judgments (25/07/2018)
  Successful Local Authority appeal from a High Court order dismissing its application for care orders in respect of five children aged between 1 and 16 years. The Court of Appeal held that the use of percentages and or ‘aggregation’ is not the proper approach to the judicial function in respect of the “simple application of the balance of probabilities”.
• Owens v Owens [2018] UKSC 41
  Judgments (25/07/2018)
  Supreme Court judgment in defended divorce case in which the question of the correct inquiry to make when applying s.1(2)(b) MCA 1973 was considered.
• D (A Child) (Temporary Relocation) [2018] EWHC 1571 (Fam)
  Judgments (25/07/2018)
  An appeal in which the issue was whether the respondent mother should be prohibited from removing D temporarily for a holiday in Japan, her country of origin.
• Lancashire County Council v A, B and Z (A Child Fact Finding Hearing Police Disclosure) [2018] EWHC 1819 (Fam)
  Judgments (25/07/2018)
  Judgment of Mrs Justice Knowles dealing with the issue of police disclosure in relation to a fact finding hearing in which Her Ladyship had already given judgment. That hearing had been beset by problems arising from late disclosure by the police. This judgment sets out important suggestions about the efficient process of disclosure between the criminal and family jurisdictions.
• Egeneonu v Egeneonu [2018] EWCA Civ 1714 (18 July 2018)
  Judgments (20/07/2018)
  Unsuccessful appeal against an order of Cohen J imposing a sentence of 18 months’ imprisonment for contempt of court in a case involving three children who had been made wards of court where the children had not been returned to England in breach of High Court orders
• ABCDE, Re [2018] EWHC 1841 (Fam)
  Judgments (19/07/2018)
  Local authority’s successful application for permission to withdraw care proceedings and successful defence of an application for a costs order against the authority.
• Mills (Appellant) v Mills (Respondent) [2018] UKSC 38
  Judgments (18/07/2018)
  Supreme Court judgment concluding that the judge at first instance had been entitled to decline to vary the periodical payments order so as to require the husband to pay all of the wife's rental costs.
• Williams and another v London Borough of Hackney [2018] UKSC 37
  Judgments (18/07/2018)
  Appeal concerning the limits of a local authority's powers and duties to provide accommodation for children in need under s.20 of the Children Act 1989. The Supreme Court unanimously dismissed the appeal. It held that the appellants did not object or unequivocally request the immediate return of the children, so there had been a lawful basis for the children's continued accommodation under s.20 of the Children Act 1989
• M (BIIa Article 19: Court First Seised) [2018] EWCA Civ 1637
  Judgments (18/07/2018)
  The Court of Appeal had to decide whether under BIIa Article 19, the Family Court was correct to assert jurisdiction over two children aged 6 and 4 and order their return from Poland. The Court of Appeal considered the law on applications to set aside orders, jurisdiction in matters of parental responsibility and the taking of evidence from EU Member States. In allowing the Mother’s appeal the Court emphasised that the purpose of the Brussels regulations is to foster practical comity between jurisdictions for the benefit of families. This calls for an acceptance of outcomes that are, on occasion, surprising or unpalatable.
• Thum v Thum [2018] EWCA Civ 624
  Judgments (12/07/2018)
  Court of Appeal judgment concerning the construction of effective service of divorce proceedings under Article 16 of Council Regulation (EC) No 2201/2003 (“BIIa”).
• The Child and Family Agency (Ireland) v M & Ors [2018] EWHC 1581 (Fam)
  Judgments (11/07/2018)
  Application by the Child and Family Agency to transfer care proceedings from Ireland to the family court in England and Wales.
• Chaston & Anor v Chaston [2018] EWHC 1672 (Ch)
  Judgments (11/07/2018)
  Decision of the High Court (Chancery Division) on appeal in TLATA proceedings upholding a direction made permitting one beneficial owner of a property to buy out his siblings’ (the other beneficial owners’) interests in the property as opposed to a sale on the open market, with reference to the Court of Appeal’s decision in Bagum v Hafiz [2016] Ch 241.
• RVH v TF Non Hague Convention Refusal of Summary Return) [2018] EWHC 1680 (Fam)
  Judgments (04/07/2018)
  Father’s application for the summary return of two children to the Ivory Coast, a non-Hague Convention state, refused by the High Court
• P (A Child) [2018] EWCA Civ 1483
  Judgments (04/07/2018)
  Mother’s successful appeal from a refusal of her application for an adjournment for six months and the making of a final care and placement order in relation to her daughter L, who was just 7 months old at the time of the original hearing. The mother’s case was that she was making good progress in addressing her alcoholism and that there was supporting medical evidence to this effect.
• Re RD (Deprivation or Restriction of Liberty) 2018 EWFC 47
  Judgments (03/07/2018)
  Judgment of Cobb J considering whether the supervision arrangements for a young person placed in a residential placement amount to “complete supervision and control” when compared with the typical regime that would be in place for a child of the same age, station, familial background and relative maturity who is free from disability.
• Northamptonshire County Council & Anor v The Lord Chancellor (via the Legal Aid Agency) [2018] EWHC 1628 (Fam) (05 June 2018)
  Judgments (29/06/2018)
  Judgment of Francis J addressing the circumstances in which damages recovered pursuant to HRA proceedings are subject to the Legal Aid Agency statutory charge in respect of the costs of those care proceedings. Appended to the Judgment, with the agreement of all parties, is a document entitled "Position of the Legal Aid Agency a to the application of the statutory charge in relation to care costs and Human Rights Act applications" which should be read in the context of all HRA claims where a similar costs issue arises.
• R (on the application of Steinfeld and Keidan) (Appellants) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32
  Judgments (27/06/2018)
  Unanimous judgment of the Supreme Court allowing the appeal and making a declaration that sections 1 and 3 of the Civil Partership Act 2004 (to the extent that they preclude a different sex couple from entering into a civil partnership) are incompatible with article 14 of ECHR taken in conjunction with article 8 of the Convention.
• S (A Child), Re [2018] EWCA Civ 1453
  Judgments (27/06/2018)
  Successful appeal to the Court of Appeal against an order made at the first directions hearing summarily dismissing a mother's application under the 1980 Hague Child Abduction Convention.
• AB v CD ETC [2018] EWHC 1590 (Fam)
  Judgments (27/06/2018)
  Judgment of Keehan J in which following a surrogacy arrangement His Lordship was forced to construct a set of orders to secure the welfare of the children which fell very far short of the transformative effect of a parental order.
• XW v XH (No.2) (Reporting Restrictions Order) 2018 EWFC 44
  Judgments (27/06/2018)
  Applications for a reporting restrictions order precluding publication of information relating to financial remedy proceedings.
• Kelly v Pyres [2018] EWCA Civ 1368
  Judgments (20/06/2018)
  Court of Appeal judgment overturning a judgment which had found that a wife had acquired a domicile of choice in England
• Egeneonu v Egeneonu & Anor [2018] EWHC 1392 (Fam)
  Judgments (20/06/2018)
  Judgment of Williams J concerning committal proceedings and an application to exclude improperly obtained evidence
• CH v CT [2018] EWHC 1310 (Fam)
  Judgments (20/06/2018)
  Successful appeal against a suspended committal order made following the appellant's failure to comply with an order which required her to make her daughter available for contact with the respondent.
• A v B (No. 2) [2018] EWFC 45
  Editorial (20/06/2018)
  Baker J judgment considering whether it is appropriate for the court to make an order on an application for financial relief by a former spouse, including where the application is filed long after the parties have divorced.
• P-S (Children) [2018] EWCA Civ 1407
  Judgments (20/06/2018)
  Successful appeal against final care orders made. The Court of Appeal also gave general guidance on the approach to be taken to consideration of Special Guardians and the making of SGOs within care proceedings.
• MK and RP (Hague Child Abduction Convention) [2018] EWHC 1475 (Fam)
  Judgments (14/06/2018)
  Successful application under the Hague Child Convention for the summary return of a child to her father in Israel.
• MT v OT [2018] EWHC 868 (Fam)
  Judgments (13/06/2018)
  Judgment of Cohen J dealing with four applications under Schedule 1 to the Children Act 1989
• Gee v Gee & Anor [2018] EWHC 1393 (Ch)
  Judgments (13/06/2018)
  Successful claim in a proprietary estoppel case concerning a family farm.
• Re M-Y (Children) [2018] EWCA Civ 1306
  Judgments (12/06/2018)
  Parents’ appeal from findings of fact, a final care order in respect of a 15 year old girl (P), and interim supervision orders in respect of younger children (V, U and A).
• In the matter of an application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland) [2018] UKSC 27
  Judgments (08/06/2018)
  Challenge in the Supreme Court of the compatibility of the law prohibiting abortion in Northern Ireland (insofar as the law prohibits abortion in three specific categories of cases) with Articles 3 and 8 and 14 of the ECHR.
• S & H-S (Children): Re [2018] EWCA Civ 1282
  Judgments (07/06/2018)
  Mother’s appeal against a care order made in December 2017 in relation to child L on the basis that threshold was not met in which the Court of Appeal gives guidance on setting out court findings on threshold.
• Thompson v Thompson [2018] EWHC 1338 (Ch)
  Judgments (07/06/2018)
  Judgment concerning the extent of the claimant’s interest in the family farm by virtue of proprietary estoppel.
• G (A Child - transparency in the family courts) [2018] EWHC 1301 (Fam)
  Judgments (30/05/2018)
  Munby P maintained the confidentiality of 2002 proceedings and refused the application of a Mother who alleged there had been a ‘miscarriage of justice’ to allow the matter to be heard in ‘the court of public opinion’.
• Re AL (Human Fertilisation and Embryology Act 2008) [2018] EWHC 1300 (Fam)
  Judgments (30/05/2018)
  Successful application pursuant to s.55 of the Family Law Act 1986 for a declaration of legal parentage.
• Y (Children) [2018] EWCA Civ 1208
  Judgments (29/05/2018)
  Appeal from a Circuit Judge’s order that two children (aged 7 and 10) should be returned to their home country of Canada pursuant to a Hague Convention application by the “left behind” father.
• S (Abduction - Hague Convention Or BIIa) [2018] EWCA Civ 1226
  Judgments (29/05/2018)
  Judgment in which the Court of Appeal examines the interaction between the 1980 Hague Child Abduction Convention and BIIA.
• TK v Secretary of State for Work and Pensions (CSM) (Child support - tribunal practice) [2018] UKUT 163 (AAC)
  Judgments (24/05/2018)
  Decision of the Upper Tribunal allowing an appeal regarding assessment of income for child maintenance; the First-tier Tribunal had determined the appeal without all the information it had said was “required”.
• SH v Secretary of State for Work and Pensions, CH and Revenue and Customs (CSM) (Child support - calculation of income) [2018] UKUT 157 (AAC)
  Judgments (24/05/2018)
  The Upper Tribunal concludes that Regulation 36(2)(b) of the Child Support Maintenance Calculation Regulations 2012 is redundant, due to its inherent contradiction with Regulation 36(1), which the Tribunal found no way to reconcile. Regulation 36(1) has to take priority, therefore making 36(2)(b) redundant.
• Re R [2018] EWFC 28-1
  Judgments (23/05/2018)
  Judgment of Baker J in care proceedings concerning an 11 year old girl who suffers from a number of profound disabilities and will need care and support for the rest of her life. Final care order made and arguments for an interim care order rejected.
• Ahmad v Wood & Anor [2018] EWHC 996 (QB)
  Judgments (23/05/2018)
  Damages claim alleging negligence and/or breach of terms of engagement in respect of the conduct of matrimonial proceedings and a cross-application by the Defendants seeking strike out of the claim as an abuse of process or as not disclosing reasonable grounds for the claim or alternatively, summary judgment pursuant to CPR Pt 24.2.
• PW v Chelsea And Westminster Hospital NHS Foundation Trust & Others [2018] EWCA Civ 1067
  Judgments (22/05/2018)
  An application to the Court of Appeal for permission to appeal a “best interests” decision and transparency order concerning a patient with end stage dementia.
• Villiers v Villiers [2018] EWCA Civ 1120
  Judgments (22/05/2018)
  An appeal concerning the interpretation of the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 in the context of an application pursuant to s.27 of the Matrimonial Causes Act 1973.
• S & V (Children - Leave to Remove) [2018] EWFC 26
  Judgments (16/05/2018)
  Application by a mother to return to Ukraine with the parties' two children. Application dismissed.
• Tish and Others v Olley & Ors [2018] EWHC 1069 (Ch)
  Judgments (16/05/2018)
  Rose J’s judgment on a preliminary issue in a claim brought under the Inheritance Act 1975, namely the construction of a term of the deceased’s will purporting to provide ongoing maintenance to his children by way of reference to a previous financial remedy consent order.
• VS v RE [2018] EWFC 30
  Judgments (16/05/2018)
  Judgment of Mostyn J determining that the family court can order the sale of a property that is subject to a charging order. He sternly reminds family practitioners that even complex cases should be heard in the family court, not in the High Court.
• Re A (Wardship: 17 year old: s.20 accommodation) [2018] EWHC 1121 (Fam)
  Case Commentaries (16/05/2018)
  Applications in respect of a 17-year-old boy (i) for a care order and secure accommodation order (on the basis that he was beyond parental control) and (ii) to engage the inherent jurisdiction of the High Court in order to seek a deprivation of liberty order.
• Dobson v Griffey [2018] EWHC 1117 (Ch)
  Judgments (16/05/2018)
  Judgment involving a careful application of constructive trust and proprietary estoppel doctrines which determines that a cohabitant had no equitable interest in a farm property in which she had lived and in respect of which she had made contributions.
• Hart v Hart [2018] EWCA Civ 1053
  Judgments (16/05/2018)
  Court of Appeal judgment dealing with a husband’s appeal against a committal order made within financial remedy proceedings.
• Versteegh v Versteegh [2018] EWCA Civ 1050
  Judgments (16/05/2018)
  The wife appealed against a financial remedy proceedings order wherein she received approximately half the non-business assets (£51.4m) together with a 23.41% interest in a business that had been created by and run by the husband under a trust structure.
• Y (A Child) (S.38(6) Assessment) [2018] EWCA Civ 992
  Judgments (09/05/2018)
  Appeal concerning the powers of the court to make an order for assessment of a child under section 38(6) of the Children Act 1989.
• X (A Child) (No 6) [2018] EWHC 1005 (Fam)
  Judgments (09/05/2018)
  Further judgment by the President in care proceedings concerning a 'very disturbed' teenager.
• IH v Secretary of State for Work and Pensions and EH (CSM) (Child support - calculation of income) [2018] UKUT 142 (AAC)
  Judgments (09/05/2018)
  The Upper Tribunal allowed the father’s appeal and remitted the case to the Child Maintenance Service to recalculate child support liability due to an error on a point of law.
• A Local Authority v M & N (Female Genital Mutilation Protection Order - FGMPO) [2018] EWHC 870 (Fam)
  Judgments (09/05/2018)
  Judgment by Hayden J in respect of a local authority's application for a Female Genital Mutilation Protection Order to prevent an infant travelling to the Sudan with her mother.
• R-E (Children) [2018] EWCA Civ 953
  Judgments (09/05/2018)
  Judgment in Court of Appeal as to whether there had been an “unfair summary disposal” of the parents’ application for a rehearing of care proceedings.
• Wall v Munday [2018] EWHC 879 (Ch)
  Judgments (02/05/2018)
  Unsuccessful appeal against a finding that the claimant had failed to demonstrate that the deceased and the respondent had a common intention to vary their respective beneficial interests in a property following the severance of their joint tenancy. Successful appeal against the costs order made against the claimant at first instance.
• Evans & Anor v Alder Hey Children's NHS Foundation Trust & Anor [2018] EWCA Civ 984
  Judgments (02/05/2018)
  Court of Appeal judgment refusing the last applications for permission to appeal brought by the parents of Alfie Evans.
• DE v Secretary of State for Work and Pensions and AE (CSM) (Child support - tribunal practice) [2018] UKUT 128 (AAC)
  Judgments (02/05/2018)
  Appeal in respect of child support, in which the Upper Tribunal judge is heavily critical of the dynamics of the first-tier tribunal below.
• CFA (Ireland) v F [2018] EWHC 939 (Fam)
  Judgments (02/05/2018)
  Judgment by Francis J in respect of an Article 15 request concerning a girl, born in 2017, made by the Irish court to the courts of England and Wales.
• Alder Hey Children's NHS Foundation Trust v Evans & Anor [2018] EWHC 953 (Fam)
  Judgments (02/05/2018)
  Applications in respect of Alfie Evans, including that he be transferred to an alternative medical provider in Rome.
• Z (A Child) [2018] EWFC 25
  Judgments (02/05/2018)
  Judgment of the President in respect of a care plan for a 16 year old with a history of self-harming and attempted suicide.
• Re M-A (A Child) [2018] EWCA Civ 896
  Judgments (02/05/2018)
  Appeal considering a decision at first instance by a Deputy High Court Judge in the Manchester Family Court, whereby the judge had ordered that C, a 3-year old boy diagnosed with autistic spectrum disorder, should live with his father in Canada and spend holidays with his mother who lived in England. The decision reversed the child’s established living arrangements.
• A Local Authority v X & Ors [2018] EWHC 874 (Fam)
  Judgments (25/04/2018)
  Judgment in which considered what impact, if any, the mother’s functions with her High Commission and the consequent diplomatic privileges and immunities enjoyed by her and household, had upon the ability of the court to make public law orders in respect of her children.
• Akhmedova-v-Akhmedov [2018] EWFC 23 (Fam)
  download (26/04/2018)
  
• Alder Hey Children's NHS Foundation Trust v Evans & Ors [2018] EWHC 818 (Fam)
  Judgments (25/04/2018)
  Short judgment of Hayden J in the Alfie Evans litigation dismissing the parents’ application for a writ of ‘habeus corpus’ to release Alfie from his hospital.
• KA v MA (Prenuptial Agreement - Needs) [2018] EWHC 499 (Fam)
  Judgments (25/04/2018)
  Roberts J applied the law on pre-nuptial agreements and made a needs-based award of £2.95m.
• C (Children - Fact-Finding) [2018] EWCA Civ 801
  Judgments (25/04/2018)
  Appeal against fact finding, for insufficiency of allegations found, dismissed by the Court of Appeal.
• S v S [2018] EWHC 627 (Fam)
  Judgments (18/04/2018)
  Appeal against decision in financial remedy proceedings not to re-open findings in the light of new evidence. Appeal dismissed with costs.
• A Local Authority v T (No.2) [2018] EWHC 816 (Fam)
  Judgments (18/04/2018)
  Second judgment of Mostyn J concerning a child, T, for whom the grounds for secure accommodation had been made out, but there was no bed in a secure unit. Issue as to whether T 'authentically' consents to her deprivation of liberty considered.
• P (A Child), Re [2018] EWCA Civ 720
  Judgments (18/04/2018)
  Judgment of the Court of Appeal in respect of childcare proceedings which are described by McFarlane LJ as having “manifestly failed to prove a sound resolution of the serious factual allegations that underpinned the application for a care order”.
• Evans & Anor v Alder Hey Children's NHS Foundation Trust & Anor [2018] EWCA Civ 805
  Judgments (18/04/2018)
  Unsuccessful appeal by the parents of Alfie Evans to the Court of Appeal on their application for a writ of habeas corpus.
• Waggott v Waggott [2018] EWCA Civ 727
  Judgments (11/04/2018)
  Court of Appeal judgment in substantial asset financial remedies case in which the Court of Appeal imposes a term order for the wife’s periodical payments with a section 28(1A) bar and gives guidance on the treatment of earning capacity and the sharing and compensation principles.
• Re C (A Child) [2018] EWHC 557 (Fam)
  Judgments (10/04/2018)
  Unsuccessful appeal to the High Court by a mother against a decision which transferred the residence of C, aged six, to her father, in light of the mother’s opposition to progressing C’s contact with her father. Permission to appeal was refused, and Mrs Justice Knowles certified the application as being totally without merit.
• SHC NHS Dorset Clinical Commissioning Group v LB & Anor [2018] EWCOP 7
  Judgments (10/04/2018)
  Decision of Baker J declining to make a costs order in favour of the Official solicitor where the applicant NHS Trust had withdrawn applications for test case declarations.
• Thompson v Ragget & Ors [2018] EWHC 688 (Ch)
  Judgments (10/04/2018)
  A former partner’s claim for reasonable financial provision out of the estate of her late partner, pursuant to the Inheritance (Provision for Family and Dependents) Act 1975.
• T (A Child), Re [2018] EWCA Civ 650
  Judgments (04/04/2018)
  Judgment of the Court of Appeal as to how the court should respond where it decides that a child can live with a family member, but only if there is support and monitoring from the local authority, and the local authority declines to provide such support and monitoring.
• B (Children) [2018] EWCA Civ 614
  Judgments (04/04/2018)
  A mother’s successful appeal against dismissal of her application for summary return of her children to Spain; a return order was granted.
• Constandas v Lysandrou & Ors [2018] EWCA Civ 613
  Judgments (04/04/2018)
  An unsuccessful appeal against the dismissal of a claimant’s claim for a declaration that he had a beneficial interest in a property on the basis that he had failed to satisfy the burden of proof. Unsuccessful cross-appeal against the first instance judge’s refusal to award the respondents their costs of successfully defending the claimant’s claim.
• SR v HR [2018] EWHC 606 (Fam)
  Judgments (28/03/2018)
  An appeal against the set aside of a final order, which involves a consideration of the principle in Thwaite v Thwaite, and the extent of the court’s equitable jurisdiction to refuse to enforce an order.
• EA v NA [2018] EWHC 583 (Fam)
  Judgments (28/03/2018)
  Judgment of Keehan J granting a declaration under the Presumption of Death Act 2013
• A v R and Anor (Appeal of Summary Determination) [2018] EWHC 521 (Fam)
  Judgments (28/03/2018)
  Successful appeal against final order within private law proceedings in which MacDonald J reiterates the content of FPR r 12.21 and the duty upon advocates to assist the court.
• Borg v El Zubaidy [2018] EWHC 432 (Fam)
  Judgments (27/03/2018)
  Judgment on a mother's application to commit the respondent father of their three children to prison for breach of an order requiring him to cause the return of the children to the jurisdiction. Application granted and respondent committed to twelve months' imprisonment.
• Bloom v Bloom [2018] EWFC B10
  Judgments (27/03/2018)
  Third judgment of Mr Recorder Cusworth QC in these proceedings following findings of serious fraud made against the husband. The wife successfully applied for (1) publication of the previous judgments in un-anonymised form and (2) forwarding of the judgments to relevant authorities.
• Lukjanenko v Medway Council [2018] EWCA Civ 612
  Judgments (27/03/2018)
  Dismissal of appeal against an order imposing a sentence of imprisonment for breach of reporting restriction and Protection from Harassment Act injunctions.
• Re W [2018] EWCA Civ 664
  Judgments (27/03/2018)
  Appeal by mother against an order that the parties' children should be summarily returned to the USA in accordance with the 1980 Hague Child Abduction Convention.
• AAM v KG [2018] EWHC 283 (Fam)
  Judgments (21/03/2018)
  Judgment by Baker J in appeal by a husband against two orders by which (i) a decree of nullity was granted, and (ii) an application to have it set aside was refused. Appeal disallowed.
• Maughan v Wilmot [2018] EWHC 273 (Fam)
  Judgments (21/03/2018)
  Judgment of Mostyn J in which he backdated and capitalised periodical payments, ordered costs, froze assets and made injunctions against the respondent.
• Hart v Hart [2018] EWHC 549 (Fam)
  Judgments (21/03/2018)
  Sentencing decision in respect of the finding of the husband acting with contemptuous disregard of orders and an undertaking in Hart v Hart [2018] EWHC 548 (Fam)
• Hart v Hart [2018] EWHC 548 (Fam)
  Judgments (21/03/2018)
  Decision in protracted enforcement and committal proceedings following repeated failures by a husband to provide documentation required to allow the wife to take over the running of a company
• Herefordshire Council v AB [2018] EWFC 10
  Judgments (20/03/2018)
  Judgment of Keehan J in “two of the most egregious abuses of section 20 accommodation” by local authorities.
• French v The Secretary of State for Work and Pensions & Anor [2018] EWCA Civ 470
  Judgments (20/03/2018)
  Decision of the Court of Appeal confirming that the winnings of a professional gambler with no other source of income were not ‘earnings’ to be taken into account for the purposes of a child maintenance assessment.
• Re M [2018] EWCOP 4
  Judgments (14/03/2018)
  Appeal in relation to decisions taken in family proceedings and the approach taken by the same judge in related Court of Protection proceedings.
• AB v HT & Ors [2018] EWCOP 2
  Judgments (14/03/2018)
  Application to determine the capacity of a woman to make decisions about her care, and her capacity to consent to marriage.
• X and Y (Children) [2018] EWHC 451 (Fam)
  Judgments (14/03/2018)
  Applications by a local authority to determine what role, if any, the father of two girls should play in both legal proceedings concerning them and, more generally, in local authority decision-making about their welfare.
• Mensah v Mensah [2018] EWHC 484 (Fam)
  Judgments (14/03/2018)
  Unsuccessful appeal by Wife against an order registering a French divorce order pursuant to the provisions of Council Regulation (EC) No 2201/2003 (BIIR).
• AG and AB (Children) [2018] EWHC 381 (Fam
  Judgments (14/03/2018)
  Appeal before Baker J in private law children proceedings where the court at first instance had made a finding that the children were not habitually resident in England and Wales and consequently the English court had no jurisdiction to make orders under section 8 of the Children Act 1989. The appeal was partially successful insofar as the court was found to have overlooked its residual jurisdiction to make orders in respect of the children on the basis of their physical presence in the jurisdiction. However the appeal was dismissed as the judge at first instance's findings of fact and orders were upheld.
• X (A Child - foreign surrogacy) [2018] EWFC 15
  Judgments (14/03/2018)
  Application for a parental order pursuant to section 54 of the Human Fertilisation and Embryology Act 2008 arising in respect of a foreign surrogacy.
• RS v LS & LMP [2018] EWHC 449 (Fam)
  Judgments (14/03/2018)
  An application to set aside a default judgment regarding a judgment debt for professional fees and interest in favour of a firm of solicitors
• Re DAM (Children) [2018] EWCA Civ 386
  Judgments (13/03/2018)
  Appeal in care proceedings dismissed but the Court of Appeal made clear that it should not be necessary for an appeal court to undertake a laborious explanatory exercise of the kind contained in this judgment. Confirmation that “nothing else will do” applies only to cases involving a plan for adoption.
• A v A [2018] EWHC 340 (Fam)
  Judgments (07/03/2018)
  A successful appeal from an order releasing the wife from an undertaking in a consent order to repay the husband certain monies due to a significant change in circumstances.
• Habberfield v Habberfield [2018] EWHC 317 (Ch)
  Judgments (07/03/2018)
  Application by daughter claiming entitlement to the entirety of the family farm, owned by her deceased father, or such lesser sum as the court thought fit. The claim was brought against her mother in proprietary estoppel and alternatively under the Inheritance (Provision for Family and Dependants) Act 1975.
• G (A Child) [2018] EWCA Civ 305
  Judgments (07/03/2018)
  Appeal concerning a dispute arising from a child arrangement order involving consideration as to whether section 10 Children Act 1989 applies where there is no application before the court.
• WS v HS [2018] EWFC 11
  Judgments (28/02/2018)
  Judgment of Cobb J in a financial remedy appeal in which he set aside an interim order for sale of the former matrimonial home.
• P v Secretary of State for Work and Pensions and P (CSM) (Child support - property and capital transfers) [2018] UKUT 60 (AAC)
  Judgments (28/02/2018)
  A decision of the Upper Tribunal in an application to vary a nil assessment for child maintenance, setting aside a decision of the first-tier tribunal for calculation errors relating to the non-resident father’s shareholding in a company.
• MJ v Secretary of State for Work and Pensions and FD (CSM) (Child support - cancellation) [2018] UKUT 42 (AAC)
  Judgments (28/02/2018)
  Upper Tribunal decision concerning whether the First tier Tribunal had jurisdiction in relation to a claim under the “old child support scheme” in circumstances where no maintenance assessment was now in force (the children having ceased to be of qualifying age).
• A v B [2018] EWHC 328 (Fam)
  Judgments (28/02/2018)
  Appeal against (i) the refusal to grant permission to a mother to move her 8-year old child to Poland, and (ii) the making a shared care arrangement.
• Kerman v Akhmedova [2018] EWCA Civ 307
  Judgments (27/02/2018)
  Solicitor’s appeal against an order made by Haddon-Cave J in financial remedy proceedings involving “enormous wealth,” requiring him to attend court to give evidence.
• L (A Child) [2018] EWCA Civ 238
  Judgments (27/02/2018)
  Separate applications by the mother and the maternal grandparents for permission to appeal against care orders.
• Alder Hey Children's NHS Foundation Trust v Evans & Anor [2018] EWHC 308 (Fam)
  Judgments (21/02/2018)
  Judgment of Hayden J sanctioning the withdrawal of life-sustaining ventilation for Alfie Evans.
• R (Children) [2018] EWCA Civ 198
  Judgments (21/02/2018)
  Appeal by father against findings of a fact-finding hearing that he had "used unreasonable force and unlawfully killed the mother". Judgment of the Court of Appeal focuses on (i) the extent to which, if at all, the Family Court should import elements of criminal law into a fact-finding determination within child care proceedings; and (ii) whether the amount of time allowed for preparation by the father's legal team in this case was so constricted that the resulting trial was unfair within the terms of Article 6 of the European Convention on Human Rights.
• In the matter of C (Children) [2018] UKSC 8
  Judgments (14/02/2018)
  Supreme Court judgment determining that (i) the 1980 Abduction Convention cannot be invoked if by the time of the alleged wrongful act, whether by removal or retention, the child is habitually resident in the state where the request for return is lodged; and (ii) repudiatory retention is possible in law. The Supreme Court was unanimous on the principles but Lords Kerr and Wilson gave dissenting judgments on the outcome of the case on its facts. Appeal by mother allowed; cross-appeal by father dismissed.
• Re J [2018] EWFC 8
  Judgments (14/02/2018)
  Application to appeal a step-parent adoption order where the mother and her husband misled the court about their knowledge of the father’s identity.
• Anderson v Spencer [2018] EWCA Civ 100
  Judgments (14/02/2018)
  Court of Appeal upholds High Court’s use of inherent jurisdiction to direct posthumous paternity testing against an existing DNA sample.
• J (Children) [2018] EWCA Civ 115
  Judgments (08/02/2018)
  Father’s appeal against an order for no contact with his son and only limited contact with his daughter in which he challenged a number of procedural steps within the proceedings which he asserted amounted to a failure by the court to maximise the prospect of reinstating contact.
• Re A-F (Children) [2018] EWHC 138 Fam
  Judgments (07/02/2018)
  Important decision by Munby P concerning care proceedings and Article 5 DOLs. Rule of thumb as to children aged 10, 11 and 12. Procedure set out in detail, including that reviews by a judge must take place at least once every 12 months.
• Kings College Hospital NHS Foundation Trust v Haastrup (No2) (Application for Permission to Appeal and for Stay) [2018] EWHC 147 (Fam)
  Judgments (07/02/2018)
  Judgment of MacDonald J concerning an application for permission to appeal and a stay of his declaration that the provision of life sustaining treatment could be withdrawn from an 11 month old boy.
• GM v ZM [2018] EWFC 6
  Judgments (01/02/2018)
  Judgment of Mostyn J in which he refuses Mother’s application to set aside his earlier order to return the children to England.
• Kings College Hospital NHS Foundation Trust v Haastrup (Withdrawal of Treatment) [2018] EWHC 127 (Fam)
  Judgments (30/01/2018)
  Judgment of MacDonald J determining whether it was in the best interests of an 11 month old boy for life sustaining treatment to continue.
• AB (A Child) [2018] EWFC 3
  Judgments (24/01/2018)
  Judgment of the President containing observations in relation to the important jurisdictional and procedural issues to be considered before embarking upon care proceedings against “otherwise unimpeachable” parents in disputes about the appropriate medical treatment and support of a child.
• St Helens Council v M and F (Baby with Multiple Fractures - Rehearing) [2018] EWFC 1
  Judgments (24/01/2018)
  Applications to discharge a care order and to reopen settled findings of non-accidental injuries.
• Oller Kaminska v. Poland - 28481-12 (Judgment - Right to respect for private and family life) [2018] ECHR 70
  Judgments (24/01/2018)
  Successful complaint to the European Court of Human Rights that Article 8 rights had been breached following the Polish Court’s delay in enforcing orders made in relation to an international child abduction case.
• B (A Child) (care proceedings) [2018] EWCA Civ 20
  Judgments (24/01/2018)
  A father’s unsuccessful appeal against care and placement orders.