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Judgments

The list below is of key judgments published this year. Click the folders on the left hand side to browse the archive of judgments now available on the site since we started publishing in 2005.

• G (Children: Fair Hearing), Re [2019] EWCA Civ 126 (07 February 2019)
  Judgments (18/02/2019)
  Procedural appeal against interim care orders by a mother who stated that she was subjected to improper judicial pressure that led to the orders being granted without opposition on her part. Appeal allowed.
• Re E (Abduction Article 13B Deferred Return Order)
  Judgments (13/02/2019)
  Father’s application for an order requiring the return of his daughter to Spain, pursuant to the Hague Convention.
• X (Wardship - Foreign Proceedings - Child's Evidence) [2019] EWHC 91 (Fam)
  Judgments (13/02/2019)
  Application for X, a ward of the court, to travel to India to answer a witness summons issued by the Indian Criminal Court to give evidence in his mother’s criminal trial in India in which she was charged with the murder of X’s father.
• L v M (Rev 1) [2019] EWHC 219 (Fam)
  Judgments (13/02/2019)
  Application by Father, pursuant to the jurisdiction of the High Court, for the return of twins aged 18 months (both of whom were wards of court) to the jurisdiction of England and Wales.
• 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.
• A (Children) Re [2019] EWCA Civ 74
  Judgments (06/02/2019)
  Successful appeal of a fact-finding judgment in private law proceedings.
• Re E (Scottish Adopters English Adoption Proceedings) [2019] EWFC 9
  Judgments (06/02/2019)
  Judgment of Cobb J concluding that the adoption application in respect of a child placed for adoption in Scotland with Scottish adopters could be determined in the Family Court of England & Wales.
• 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.
• BC v BG [2019] EWFC 7
  Judgments (29/01/2019)
  Judgment in respect of a wife’s application for an order that an arbitral award should not be made an order of the court and that the dispute be remitted to the Family Court for reconsideration or back to the arbitrator.
• 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.
• S v D (Hague Convention: Domestic Abuse: Undertakings: Return to Third State [2019] EWHC 56 (Fam)
  Judgments (18/01/2019)
  Judgment of Cobb J considering a father’s application under the Hague Convention and Article 11 of Council Regulation (EC) 2201/2003 seeking the return of his son to Hungary, despite the parties being habitually resident in Germany at the time of the child’s removal. The decision considers the use of undertakings to protect against the grave risk of harm to the child if his return is ordered.
• 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