Wednesday, 15 December 2010 13:12
Below are details of useful legal & financial sites throughout the UK:
Edinburgh
McSporrans is a leading firm of criminal defence lawyers based in Edinburgh city centre. They specialise in all aspects of criminal law including road traffic offences, extradition, drugs offences, speeding and drink driving. Andrew Houston, the senior partner, is a highly regarded solicitor advocate. They are available 24 hours per day, seven days per week and offer free initial advice.
Glasgow
Beltrami and Company are independently recognised as Scotland's leading firm of criminal lawyers. They have extensive experience of dealing with a wide range of legal matters ranging from minor fixed penalty cases to murder and fraud trials. Gary McAteer and Murray Macara are listed in both the legal 500 and also Chambers as leading individuals in their fields. Again, they are available 24 hours per day, seven days per week and offer free initial advice.
The Glasgow Law Practice has established itself as one of the best known and most innovative legal brands in Scotland's largest city. Set up as an online trading division of Carr & Co, the Glasgow Law practice provides a range of legal services including employment law, personal injury law, family law and conveyancing from seven offices throughout the city.
Warde Graham Consulting Limited
Warde Graham are a leading firm of financial advisers (often misspelt advisors) in Glasgow. Recognised primarily for their pension performance expertise they offer financial advice to individuals and businesses. They have a range of services specifically aimed at law firms and are happy to offer free initial advice.
East Kilbride
Recognised as champions of the legal rights of individuals, Austin Lafferty is an immediately recogniseable firm of solicitors in Glasgow & East Kilbride. Their site is full of useful information on consumer rights, family law, wills, personal injury compensation and much much more. They also include video together with a range of guides.
Latest Family Law News
- V v V [2011] EWHC 3230 (Fam) (21 December 2011)
The court allowed a Husband's appeal against an ancillary relief order in which he received no Mesher charge over the... - P & L (minors) Re, [2011] EWHC 3431 (Fam) (20 December 2011)
The court considered a non-traditional family set up where 2 siblings lived with their biological mother and her female... - SH v MM & Anor [2011] EWHC 3314 (Fam) (13 December 2011)
The court held that a Mother's arrangement of the removal of a child to Italy in breach of a PSO which had been served... - A v L [2011] EWHC 3150 (Fam) (7 December 2011)
Moor J allowed in part a Husband's appeal from an ancillary relief judgment in a small money case. He discharged the... - Q (A child) [2011] EWCA Civ 1610 (21 December 2011)
The CA upheld a judgment that a child Q's needs and welfare required adoption notwithstanding the availability of her... - A and L (Children) [2011] EWCA Civ 1611 (21 December 2011)
The CA upheld a judgment following a complex fact finding hearing at the conclusion of which a Judge found that a mother... - H v S [2011] EWHC B23 (Fam) (18 November 2011)
The Court determined the question of whether for the purposes of English divorcer and connected proceedings a Talaq... - AJ v JJ & Ors [2011] EWCA Civ 1448 (02 December 2011)
The CA allowed the appeal of three children in respect of a order for their return under the provisions of the Hague... - S v C [2011] EWCA Civ 1385 (02 December 2011)
The CA allowed a Father's appeal against the refusal the court below to order summary return of his child to Australia.... - SA, R (on the application of) v Kent County Council [2011] EWCA Civ 1303 (10 November 2011)
In an important case in respect of family placements during the course of LA involvement the CA upheld the judgment of... - Lukanda v Birungi [2011] EWCA Civ 1520 (17 November 2011)
The CA allowed an appeal in respect of nullity proceedings. A significant disputed element in the hearing below was a... - G v M [2011] EWHC 2651 (Fam) 17.10.2011
The Court granted permission for an Applicant to issue a Petition for Nullity without having to file a marriage... - BJ v MJ (Financial Remedy: Overseas Trusts) [2011] EWHC 2708 (Fam) (27.10.2011)
The court gave a summary of case law in respect of overseas trust assets before awarding a W the equivalent of... - SA, R(on the application of) v Kent County Council [2011] EWCA Civ 1303 (10 November 2011)
The CA upheld a judgment of Black J where she found on the facts that a child was accomodated with her grandmother... - Jones v Kernott [2011] UKSC 53
The Supreme Court considered the correct approach to calculating beneficial interests in a property where the legal... - KM v Lambeth Borough Council [2011] EWCA Civ 1125 12.10.2011
The CA allowed a Father's appeal against an order made in the High Court limiting the disclosure to be made to him... - H-K (Children) [2011] EWCA Civ 1100 10.10.2011
The CA allowed a Mother's appeal against an order under the Hague Convention that 2 children be summarily returned to... - Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2376 (Fam) 01.09.2011 & Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2498 (Fam) 01.09.2011
Elizabeth Watson having taken legal advice in respect of the above judgments applied to purge her contempt and her... - Doncaster Metropolitan Borough Council v Watson [2011] EWHC B15 (Fam) 22.08.2011
In relation to the same events as in the above case the President found Elizabeth Watson to be in contempt of court for... - Doncaster Metropolitan Council v Haigh [2011] EWHC B16 (Fam) 22.08.2011
The Court gave judgment in open court attaching an 'information document' in order to allow a Local Authority, Father... - SMBC v WMP & Ors [2011] EWHC B13 (COP) (14 June 2011)
The Court of Protection considered issues of borderline capacity within the context of Forced Marriage Protection... - A & Anor v P & Ors [2011] EWHC 1738 (Fam) (08 July 2011)
The court considered Art. 8 and applied a purposive construction to statute in an application for a parental order... - Iqbal v Ahmed [2011] EWCA Civ 900 (29 July 2011)
This case is interesting for its use of the dicta in Miller in an Inheritance Act context. The CA upheld a first... - S (A Child), Re [2011] EWCA Civ 812 (15 July 2011)
The CA dismissed a mother's appeal against the refusal of a residential assessment under s.38(6). The CA considered... - Brighton and Hove City Council v PM & Ors [2011] EWCA Civ 795 (12 July 2011)
The CA struck out a paragraph within a preamble providing that no fact finding hearing in relation to the maternity of a... - MK v CK [2011] EWCA Civ 793 (07 July 2011)
The CA allowed a father's appeal against an order allowing a mother to relocate to Canada with the couple's two... - A v P 21.06.2011 [2011] EWHC 1530 (Fam)
The application of a Father pursuant to the Hague Convention for the return of his 11 month old daughter to Poland was... - MG & Anor v A Local Authority & Ors [2011] EWCA Civ 745
The CA allowed an appeal against interim care orders removing children from the care of their Mother on the basis that... - Coventry City Council v PGO & Ors 22.06.2011 [2011] EWCA Civ 729
The CA allowed the appeal of Coventry CC against an injunction imposed to prevent their removal of children from foster... - SW v CW 17.06.2011 [2011] EWCA 703
The CA considered the nature and consequential effect of mirror orders in a case where a father who had a Malaysian... - Whaley v Whaley [2011] EWCA Civ 617, 24 May 2011
The CA dismissed the appeal of a Husband against an ancillary relief order providing for him to make a lump sum payment... - K v L [2011] EWCA Civ 550, 13 May 2011
The CA dismissed the appeal of a Husband against an ancillary relief order made in K v L (Ancillary Relief: Inherited... - Re C (A child) CA [2011] EWCA Civ 521, 6 May 2011
The CA dismissed a Mother's appeal against an order for no direct contact with her daughter with a s.91(14) order for 18... - Re K (children) CA [2011] EWCA Civ 635, 25 May 2011
The CA dismissed a Father's appeal against Special Guardianship and s.91(14) orders made at the conclusion of care... - IJ (A Child), Re [2011] EWHC 921 (Fam) 19/04/2011
Hedley J made a Parental Order under s.54 Human Fertilisation and Embryology Act 2008 in respect of a child born in the... - S (Children) , RE [2011] EWCA Civ 454 18/04/2011
The CA allowed a mother's appeal against the granting to a father of leave to remove a boy of 12 to Canada. The Mother... - Eliassen & Anor v Eliassen & Anor [2011] EWCA Civ 361 01/04/2011
The CA in considering an appeal against the granting of a return order under the Hague Convention also considered the... - Boswell & Ors v Lawson & Ors [2011] EWCA Civ 452 19/04/2011
In a tangentially family related case the CA upheld a judge's decision not to rectify a will under which a son received... - CW v NT & Anor [2011] EWHC 33 (Fam) 21/01/2011
The court gave reasons for the decision to grant a residence order to a mother who had become pregnant with Mr W's sperm... - Jones v Jones [2011] EWCA Civ 41 28/01/2011
The CA allowed the appeal of a Wife against the judgment of Charles J awarding her £5m in respect of her ancillary... - Goldstone v Goldstone & Ors [2011] EWCA Civ 39 28/01/2011
The CA dismissed an appeal in a 'big money' ancillary relief matter as to whether the Family Proceedings Rules or the... - JD & Ors v City & County of Swansea & Anor [2011] EWCA Civ 34 26/01/2011
The CA allowed an appeal against the making of a final care order with a care plan preventing two married parents from... - TW v A City Council & Ors [2011] EWCA Civ 17 20/02/2011
The CA allowed an appeal and set aside findings that TW had sexually abused a young girl LR. The ABE interviews were... - A (A Child), Re (No 2) [2011] EWCA Civ 12 19/02/2011
The CA heard an appeal in relation to a lengthy and serious fact finding hearing. Whilst the appeal was partially... - Re C (A Child) [2011] EWCA Civ 72 14/02/2011
The CA dismissed a mother's appeal against the refusal of permission to relocate to Australia with her child. The Judge... - London Borough Of Islington v EV & Ors, [2010] EWHC 3240 (Fam), 09/12/2010
The court considered the appropriate mechanism for a child who was the subject of an Interim Care Order to be placed in... - DT v LBT, [2010] EWHC 3177 (Fam), 07/12/2010
In a Hague Convention case the court refused to order the summary return of three children to Italy on the grounds that... - RMM v HW & Ors, [2010] EWCA Civ 1467, 17/12/2010
The CA dismissed a Father's appeal against a finding within care proceedings that he had been the perpetrator of a NAI... - Re: K (Children), [2010] EWCA Civ 1365, 02/12/2010
The CA dismissed a Mother's appeal against the setting aside of a District Judge's dismissal of a Father's application... - T v T, [2010] EWCA Civ 1366, 01/12/2010
The CA dismissed an appeal by two female civil partners against a shared residence order which was made in favour of the... - A Local Authority v DL & Ors [2010] EWHC 2675 (Fam) 25/10/2010
The High Court granted a non-molestation injunction on a local authorities ex parte application on behalf of (but... - AP v TD [2010] EWHC 2040 (Fam) 18/10/2010
In a case concerning the issues of jurisdiction as between England and Wales and Canada the court held that a Mother had... - A County Council v SB & Ors [2010] EWHC 2528 (Fam) 15/10/2010
The High Court ordered the disclosure of an expert's report in a situation where the expert had heard details from one... - Chief Constable & Anor v YK & Ors [2010] EWHC 2438 (Fam) 06/10/2010
In a Forced Marriage Protection Order case the court held that special advocates were not required in the instant case... - Re M (a child) [2010] EWCA Civ 1160 28/09/2010
The Court of Appeal granted a Mother's application for permission to appeal against an order dismissing her application... - Dibble v Pfluger 03/09/10 [2010] EWCA Civ 1005
The CA allowed an appeal in relation to a TOLATA 1996 claim on the basis that, inter alia, the significance of the... - Warwick (formerly Yarwood) v Trustee in Bankruptcy of C G Yarwood Ch Div 13/09/10 [2010] EWHC 2272 (Ch)
The court upheld the first instance decision that payment to a wife of 75% of the net proceeds of sale from the former... - Coventry CC v X, Y and Z (Care Proceedings: Costs: Identification of Local Authority) 27/09/2010 [2010] EWHC B22 (Fam)
Following a hearing in February 2010 at which a local authority was ordered to pay £100,000 towards the publicly... - Warwickshire CC v TE & Ors [2010] EWHC B19 (Fam), 11/08/10
In the presumably final chapter of the Re S series of cases (commencing with Re S (Transfer of Residence) [2010] 1 FLR... - Re D (a child), [2010] EWCA Civ 1000, 10/08/10
The CA upheld a judgment refusing to grant Care Orders. It was stated that the Judge was entitled to prefer empirical... - RT v LT & Anor Fam Div, [2010] EWHC 1910 (Fam), 27/07/10
The President sitting in the Court of Protection gave a declaration that a young women lacked capacity to make decisions... - Weiner v Weiner Fam Div, [2010] EWHC 1843 (Fam), 15/07/10
In a case concerning whether the English or Swedish court were first seised of divorce proceedings the Court considered... - CF v KM Fam Div, [2010] EWHC 1754 (Fam), 13/07/2010
The court allowed a mother's appeal against the dismissal of her application under Schedule 1 of the Children Act 1989... - Tchenguiz & Ors v Imerman (Rev 3), [2010] EWCA Civ 908, 29/07/2010
The CA in a joint judgment delivered by Lord Neuberger MR clarified the application of the ' so called HIldebrand rules'... - G v E & Ors, [2010] EWCA Civ 822, 16/07/10
The CA upheld the judgment of Baker J in ([2010] EWHC 621) holding that the Deprivation of Liberty Safeguards (DOLS)... - Golubovich v Golubovich, [2010] EWCA Civ 810, 13/07/10
The CA allowed the appeal of a Husband against the refusal of recognition of a decree of divorce obtained in Moscow in... - R (on the application of ) C & Anor v Nottingham City Council, [2010] EWCA Civ 790, 01/07/2010
The CA dealt with an application for Judicial Review by two vulnerable young adults who had been at various times... - A v East Sussex County Council & Ors, [2010] EWCA Civ 743, 02/07/10
The CA heard an application by a mother for permission to appeal against the dismissal of her claim for damages under... - Re S (a Child), [2010] EWHC 1669 (Fam), 25/06/2010
Hogg J conducted a hearing in respect of a 6 month old boy separated from his Mother who was left in Pakistan by the... - HM (An Adult) PM v KH & Anor, [2010] EWHC 1579 (Fam), 24/06/2010
The court explained orders which had been made in relation to a protected party who had been previously removed from the... - T v B, [2010] EWHC 1444 (Fam), 16/06/2010
The court held that a Respondent to a Schedule 1 application being a same sex partner who had not entered into a civil... - AR (A Child: Relocation), [2010] EWHC 1346 (Fam), 10/06/2010
Mostyn J refused a Mother's application to relocate with the child to France. The court considered the case law on... - AA v NA & Ors, [2010] EWHC 1282 (Fam), 10/06/2010
Mostyn J allowed the appeal of a Father against a fact finding judgment. The court held that the findings made by the DJ... - M v V, [2010] EWHC 1453 (Fam), 09/06/2010
The court considered jurisdictional issues in relation to an application by a mother under Schedule 1 CA 1989. It was... - Smith v Cooper, [2010] EWCA Civ 722, 25/06/2010
The CA allowed the appeal of a cohabitant in respect of applicant who lacked litigation capacity. The CA held that the... - W (Minors), [2010] EWCA Civ 520, 12/05/2010
The CA refused a Father permission to appeal against the judgment of Mrs Justice Black in the matter of W v W [2010]... - ES v AJ & Anor, [2010] EWHC 1113 (Fam), 19/05/2010
The court determined that twin girls who had been born in England in 2007 but send to the Cameroons in 2008 with the... - DH NHS Foundation Trust v PS, [2010] EWHC 1217 (Fam), 26/05/2010
The Court of Protection made declarations in respect of an adult who had 'a significant impairment in intellectual... - Kernott v Jones, [2010] EWCA Civ 578, 26/05/10
The CA by a majority allowed the appeal from the judgment in Jones v Kernott [2009] EWHC 1713 (Ch) (itself an appeal).... - De Bruyne v De Bruyne & Ors, [2010] EWCA Civ 519, 13/05/2010
The CA upheld an order in ancillary relief proceedings dealing with issues relating to a family trust. The CA differed... - N v N, 28/04/2010, [2010] EWHC 717 (Fam)
In a ’big money’ ancillary relief matter where a large proportion of the assets were inherited the court considered... - JKN v JCN, 19/04/2010, [2010] EWHC 843 (Fam)
The court ordered a stay on English divorce proceedings holding that New York was the most appropriate forum for these.... - Re S (Minors), 22/04/2010, [2010] EWCA Civ 421
The CA gave reasons for the orders it made in March 2010 allowing a Mother's appeal against the judgment within care... - CJ v Flintshire Borough Council, 15/04/2010, [2010] EWCA Civ 393
The CA upheld the refusal of an application to purge contempt for the breach of an injunction made within care... - EH v London Borough of Greenwich, 09/04/2010, [2010] EWCA Civ 344
The CA allowed the appeal of a Mother against Care and Placement orders and returned the matter to the Trial Judge for... - A v Independent News & Media Ltd & Ors, [2010] EWCA Civ 343, 31/03/2010
The CA upheld the judgment of Hedley J in a Court of Protection matter. Hedley J's judgment had provided that certain... - Re F (a child), [2010] EWCA Civ 375, 12/03/2010
The CA granted permission to appeal and allowed the appeal of a Father against a Care Order. The final Care Order, which... - Vaughan v Vaughan, [2010] EWCA Civ 349, 04/03/2010
The CA allowed a wife’s appeal against an order terminating her periodical payments on the basis that she could adjust... - W v W, [2010] EWHC 332 (Fam), 04/03/2010
The court refused to order the summary return to Ireland of three children in Hague Convention proceedings. The elder... - Re S (a child), [2010] EWHC B2 (Fam), 03/03/2010
Following an order (subsequently upheld in the CA) transferring the residence of an 11 year old boy from his Mother to... - Francis v Francis CA 09.02.2010 ([2010] EWCA Civ 182)
The CA granted a Husband permission for a second appeal against orders made in ancillary relief. The court considered... - Re D (Children) CA 09.02.2010 ([2010] EWCA Civ 50)
The CA dismissed a Father's appeal against the granting of leave to a Mother to remove their children to Slovakia. In... - H v H Fam Div 02.02.2010 ([2010] EWHC 158)
The Husband in a high net worth ancillary relief case had unilaterally implemented his open offer to the Wife by... - Re B, C, D (Children) Fam Div 05.02.2010 ([2010] EWHC 262 (Fam))
The parents of three children who had been adopted following care proceedings in which each child was removed at birth... - Imerman v Imerman Fam Div 13.01.2010
A further judgment in the big money AR matter (previous judgment given on 11.12.2009) dealing with drafting of the order... - Dr A & Ors v Ward & Anor Fam Div 08.01.2010
Munby J (as he then was) gave guidance on the balance to be struck regarding the disclosure of names and details of... - Re S (a child) Fam Div 04.01.2010
The court made an order for a child’s residence to be transferred from the Mother to the Father. Following the... - Re M-W (A Child) CA 21.01.2010
The CA allowed gave permission to appeal and allowed the appeal of a LA against a finding that the Threshold Criteria... - S-C v H-C & Anors CA 28.01.2010
The CA allowed an appeal against a committal order. There was no penal notice on the order which was said to have been... - De L v H Fam Div (03 December 2009)
The court in Hague Convention proceedings declined to order the return of a 13 year old child to Portugal despite a... - Imerman v Imerman Fam Div (11 December 2009)
In the opening round of a 'big money' ancillary relief case the court in a lengthy judgment considered the case law in... - A Local Authority v M & M & Ors Fam Div (07 December 2009)
The Court allowed the application of a Mother within Care proceedings that a Father (who had been kept unaware of care... - W v W Fam Div (10 December 2009)
The court allowed the application of an older sibling ('C') to be joined to Hague Convention proceedings involving her... - Smith v Smith CA (2 December 2009)
The CA dismissed a Wife's appeal against an order under TOLATA that the FMH be sold notwithstanding that decree nisi had... - O M (Children) V Local Authority & Ors CA (21 December 2009)
The CA dismissed a Mother's appeal from a trial judge's refusal to allow her to instruct further experts in care... - Re: KB (a child) v Borough Council & Ors CA (25 November 2009)
The CA allowed the appeal of a local authority against the refusal of an ICO in circumstances where an ICO had been... - Baker v Rowe [2009] EWCA Civ 1162 (06 November 2009)
The CA considered an appeal in relation to costs arising out of a former son in law’s intervention in ancillary relief... - O (A child) CA (02 November 2009)
The CA granted a mother permission to appeal against a warning notice directed to her which had been attached to a... - White v Withers LLP & Anor CA (27 October 2009)
The CA allowed Marco Pierre White’s appeal against the striking out of his claim against his Wife’s ancillary relief... - CR v Local Authority and the Guardian CA (07 October 2009)
The CA allowed a Mother’s appeal against a judge’s refusal of permission to instruct an expert to carry out an... - A (Children) CA (07 October 2009)
The CA allowed a Mother’s appeal against an order transferring residence of children to the Father. The CA emphasised... - Grubb v Grubb [2009] EWCA Civ 976 (25 September 2009)
The CA dismissed a Husband's appeal against the making of an occupation order removing him from a home which had been in... - Re H (A Child) Fam Div (11 September 2009)
Mr Justice Ryder adjourned the final hearing in a Father's application under Brussels II Revised. The Mother had not... - MGR (A Minor), Re [2009] EWCA Civ 942 (09 September 2009)
The CA allowed an appeal on behalf of a LA against a Judge's finding that the s.31(2) CA 1989 Threshold Criteria had not... - KSO v MJO & Anor [2009] EWHC 2152 (Fam) (10 August 2009)
Mr Justice Munby gave a further judgment in relation to costs arising from ancillary relief proceedings (previous... - Re H (children) CA (05 August 2009)
The CA refused permission to appeal against an order directing her GP to supply medical records to an appointment... - Re C (a child) CA (03 August 2009)
The CA considered the issue of the impact on a 15 year old of discharging a care order and whether a judge was wrong to... - Walkden v Walkden CA 25.06.2009
The CA allowed the appeal of a husband against a judgment in favour of the Wife that Barder principles were engaged... - Re P and P (children) CA 24.06.2009
The CA granted permission to appeal and allowed an appeal against a case management decision in respect of Care... - Re H (children) CA 23.06.2009
The CA considered the issue of disclosure to the police of concessions made within care proceedings as to the causation... - Re B (a child) CA 11.06.09
The CA dismissed an appeal against the judgment of a circuit judge on an appeal from the FPC. The CA considered the... - Re RD and SD (children) CA 04.06.2009
The CA allowed in part the appeal of a Father against a fact finding judgment within care proceedings where findings had... - Hashem v Shayif & Anor [2009] EWHC 864 (Fam) (17 April 2009)
The court considered the question of costs orders and the enforceability of these arising out inter-related chancery... - M (A Child), Re [2009] EWCA Civ 311 (23 April 2009)
A father's appeal against the order that he pay £20,000 towards a mother's costs of appeal was dismissed. The court... - CP v AR & Anor [2009] EWCA Civ 358 (29 April 2009)
A mother's appeal against a residence order made in favour of paternal grandparents in relation to an 8 year old child... - A (a child) Fam Div 20.04.2009
In an appeal brought by a LA the main question considered was whether s.38 (6) could be used to direct a local authority... - Myerson v Myerson [2009] EWCA Civ 282 (01 April 2009)
In the ‘credit crunch’ appeal Mr Myerson was granted leave to appeal but his appeal was refused. The CA held that... - Paulin v Paulin (Rev 1)[2009] EWCA Civ 221 (17 March 2009)
The CA dismissed a husband’s appeal against the annulment of a bankruptcy order and a consequent ancillary relief... - Re PB (Children) CA 27.02.2009
The CA considered for the first time the question of whether a penal notice addressed to the local authority could be... - Blooman v Blooman [2009] EWCA Civ 109 (25 February 2009)
A husband's application for permission to appeal out of time against orders in relation to ancillary relief proceedings... - Webster (The Parents) v Norfolk County Council & Ors (Rev 1) [2009] EWCA Civ 59 (11 February 2009)
The application by Mr and Mrs Webster for permission to appeal out of time Care, Placement and Adoption orders in... - Liverpool City Council, R (on the application of) v London Borough of Hillingdon & Anor [2009] EWCA Civ 43 (10 February 2009)
This was a dispute between local authorities in relation to the discharge of duties under s.20 (1) CA 1989 to an asylum... - Re N (a child) CA 03.02.2009
The CA granted an intervenor in care proceedings permission to appeal against the findings made within those proceedings... - AB v BG & Ors [2009] EWCA Civ 10 (21 January 2009)
The CA allowed a father's appeal against a finding of fact made by the judge that he had unlawfully killed his child.... - Agbaje v Agbaje [2009] EWCA Civ 1 (20 January 2009)
The CA dismissed a wife's claim for relief under Part III of the Matrimonial Causes and Family Proceedings Act 1984... - Ansari v Ansari & Ors [2008] EWCA Civ 1456 (19 December 2008)
The CA considered the vexed question of reviewable dispositions under s37 MCA 1973. Holding that in the instant case a... - Judge v Judge & Ors [2008] EWCA Civ 1458 (19 December 2008)
The CA dismissed a Wife's appeal against the dismissal of her application by summons , for an order setting aside... - Myerson v Myerson [2008] EWCA Civ 1376 (11 December 2008)
In this appeal the CA considered the question as to whether the Judge who has made an order by consent at the conclusion... - X & Y (Foreign Surrogacy), Re [2008] EWHC 3030 (Fam) (09 December 2008)
Mr Justice Hedley in a judgment relating to children born under a commercial surrogacy arrangement legal in the Ukraine... - Re M (children) CA 19.11.2008
The CA dismissed a mother's appeal against findings of fact made within care proceedings that the mother had been the... - KSJ v WRW CA 05.11.2008
The CA dismissed a mother's four application for permission to appeal judgments in respect of various aspects of... - Re M & Another (children) Fam Div 06.10.2008
Mr Justice Munby in a public judgment gives the profession a warning about the consequences of 'sloppy practice' in not... - Re C (a child) CA 02.09.2008
The CA dismissed a father's appeal against the refusal of a judge to grant him permission to disclose statements within... - X and Y, Re Bundles [2008] EWHC 2058 (Fam) (22 August 2008)
Mr Justice Munby gives public warning in this judgment to both solicitors and barristers that a failure to comply with... - The Local Authority v RK & Ors [2008] EWHC 2051 (Fam) (21 August 2008)
Judgement given in respect of care proceedings relating to a child whose older sibling had suffered non-accidental... - Re N Fam Div 20.08.08
Munby J gives a summary of the case law in relation to McKenzie friends exercising a right of audience before holding... - M & F & Ors Fam Div 20.08.08
The court ordered the return of two children to Poland (for a second time) after finding that the Father had not... - Re R (Family Dispute: Evidence) CA 17.07.08
The CA held that when a court is conducting a fact-finding hearing in family proceedings involving serious allegations... - Re T (a child) (abduction: acquiescence) Fam Div 22.05.2008
A father's application for the summary return of a child to Australia from England was refused. The court held that the... - Re B (children) (care and placement orders) CA 21.05.2008
An appeal of a father against adoption orders made in respect of his youngest children was dismissed. The court held... - Re W (children) CA 20.05.2008
A mother's appeal against the refusal of a judge to grant her leave to remove her children to Sweden was allowed. It was... - Re P (children) (adoption:parental consent) CA 20.05.2008
The court considered the proper test for dispensing with parental consent to adoption. It was held that a local... - Re H (a child) (contact proceedings: fact finding hearing) CA 20.05.2008
The CA allowed a father's appeal against a judge's finding during contact proceedings that he had administered a harmful... - Re A (a child) (care plan_CA 15.05.2008
A grandfather's appeal against the refusal by a judge of permission to amend the care plan in respect of his grandchild... - Re SH (a child) (placement order) CA 14.05.2008
A mother's appeal against the refusal of a judge to grant her permission to apply for the revocation of a placement... - Re A and another (children) (contact) CA 14.05.2008
The CA allowed the appeal of a children's guardian, supported by the mother in private law proceedings against an order... - Re P (a child) (care and placement order proceedings: mental capacity of parent) CA 08.05.2008
The CA dismissed a mother's appeal in person against care and placement orders in respect of public law proceedings in... - Bradley v Bradley [2008] EWCA Civ 629 (08 May 2008)
The court held that in ancillary relief proceedings a district judge had erred in granting a stay on the payment of a... - Baker v Baker & Ors [2008] EWHC 977 (Ch) (20 March 2008)
Under the provisions of the Inheritance (Provision for Family and Dependents) Act 1975 the court awarded a wife the... - Re G (an infant) (Adoption: Placement outside the jurisdiction) (No. 2) CA 19.03.2008
Following an earlier judgment the court having seen correspondence from the American adoption agency ruled that the... - Re T (Placement Order) CA 19.03.2008
A Father's appeal against placement orders was allowed in part in a case where the trial judge could not have known... - Re T (A Child: Supervision Order) CA 19.03.2008
The CA held that the making of a three- year supervision order from the outset was not permitted by para 6(1) of Sch 3... - B v B CA 19.03.2008
The CA held that where capital introduced into a marriage came from the wife's pre owned assets it was not a fair... - McCartney v McCartney [2008] EWHC 401 (Fam) (17 March 2008)
The wife's application for permission to appeal the judge's order making his judgment in ancillary relief proceedings... - Re F (Children) (abduction) Fam Div 22.02.08
The court declined to make an order for the return of children to Poland having regard to the children's views on the... - Re G (an infant) (adoption: placement outside the jurisdiction) CA 21.02.08
In an appeal concerning the proposed adoption of an English child by American parents the CA held that under s.84(4) of... - K and another v A Local Authority CA 21.02.08
A local authority appealed against an order directing that there should be a fact finding hearing as to whether a person... - Re K and another (children) Fam Div 08.02.08
The court held it to be in the best interest of the children concerned to grant permission for a further blood sample to... - Re G (a child) (interim care order) CA 07.02.08
In the well publicised case above where a mother's baby had been returned to her following a local authority's unlawful... - G, R (On the application of) v Nottingham City Council [2008] EWHC 152 (Admin) (01 February 2008)
It was held that the Nottingham City Council had acted unlawfully in removing a child from its mother without her... - VB v JP [2008] EWHC 112 (Fam) (29 January 2008)
In making an order providing for a large increase in a wife's periodical payments the court held that the language of... - Re B (children) (sexual abuse) CA 29.1.2008
The CA held that while a children's guardian's appeal had to be dismissed in the light of current authority important... - SW v RC [2008] EWHC 73 (Fam) (24 January 2008)
A father's appeal against the order of a District Judge requiring him to make payments of child maintenance from capital... - M (Children), Re [2008] EWCA Civ 225 (12 February 2008)
A mother's appeal against a shared residence order which gave more time to the father than the mother was allowed. The... - Re M (children) (sexual abuse) CA 15.01.2008
An appeal against findings of sexual abuse against a grandfather was dismissed the CA holding that the judge had been... - A (a minor), Re [2007] EWCA Civ 1383 (21 December 2007)
The CA allowed the appeal of a foster mother against the refusal to grant her leave to apply for adoption of a child... - Re R (children) (Placement Order) Fam Div 19.12.07
The court made final care and placement orders in respect of five children in circumstances where the parents had not... - Crossley v Crossley [2007] EWCA Civ 1491 (19 December 2007)
A wife's appeal against a judge's case management directions in an ancillary relied matter where the critical issue... - Re D (a child) (Contact Order) CA 12.12.07
The CA held that contact order made in the Romanian court prior to Romania's accession to the European Union was not 'an... - K v R Fam Div 11.12.07
In a 'big money' divorce the court considered the issues of post separation assets and future earning capacity. The... - Re W (a child) (placement order) Fam Div 07.12.07
The court dismissed the application of a mother, who suffered from alcohol and substance misuse, for permission to apply... - Haines v Hill & Anor [2007] EWCA Civ 1284 (05 December 2007)
The CA held that in the absence of any of the usual vitiating factors (fraud, undue influence, duress etc) the transfer... - Re P (Children) (Care Proceedings: Split Hearing) CA 30.11.07
The CA gave guidance on split hearings in Children Act Proceedings including the necessity for expressly considering at... - Re C (a child) (Adoption: Duty of Local Authority) CA 23.11.07
The CA allowed the appeal of a mother who had sought to keep the birth of her child (who she wished to be adopted)... - Re M (Children: Residence) CA 22.11.07
A judgment returning children to their mother on the basis that she had recovered from alcoholism and was abstinent was... - Re R and others (Children) (Identification: Restriction on Publication) Fam Div 22.11.07
Where parents of children subject to placement orders had set up two websites discouraging prospective adopters the... - El-Farargy v El Farargy & Ors [2007] EWCA Civ 1149 (15 November 2007)
The CA allowed an appeal against Singer J's refusal to recuse himself from an ancillary relief matter where he had made... - Re W (a child) CA 08.11.07
A retrial was ordered by the CA after care proceedings which resulted in orders being made largely on the basis of... - Re F and another (Children: Contact) Fam Div 01.11.07
The court ruled that a change in surname and an order under s.91(14) Children Act 1989 were both in the best interests... - Re C and another (children: contact post adoption) Fam Div 30.10.07
The court dismissed a mother's appeal against a judge's refusal to make an order for post adoption contact under s.26... - B v B Fam Div (P) 26.10.07
The court dimissed a wife's application for leave to appeal an ancillary relief order out of time on the grounds that... - Re M (children) CA 25.10.07
The CA allowed in part an appeal by parents whose children had been the subject of care proceedings and who were... - CR v CR Fam Div 22.10.07
The court in a 'big money' ancillary relief case divided the assets to produce a 50/50 outcome. W was awarded a further... - A Local Authority v E and others Fam Div (P) 19.10.07
In proceedings under the inherant jurisdiction in respect of A, who had severe learning difficulties, the court decided... - King, R (on the application of) v Bunyon [2007] EWHC 3281 (Admin) (19 October 2007)
The court held that lay justices had erred in enforcing arrears of maintenance payments which were over a year old. ... - VW v T Fam Div 11.10.07
In a case where a mother had taken a child to Devon in secret the court nevertheless ruled that it would be slow to... - Khalill v Bisheri CA 10.10.07
The CA allowed a wife's appeal against an order for sale of the FMH holding that where there was no prejudice to the... - Re C (a child) (Care proceedings) CA 03.10.07
Where the breach of a Mother’s article 8 in the conduct of care proceedings had been purely procedural it was held the... - M (Children), Re [2007] EWCA Civ 992 (12 September 2007)
The CA dismissed a Mother's appeal against an order under the Hague Convetion for the return of her two children to... - Klamer v Klamer CA 11.09.07
The CA dismissed a litigant in person (represented by her Mackenzie friend)'s applications in respect of ancillary... - Re M (children: Residence Order) CA 24.08.07
The CA held that the judgment of a Recorder making a residence order in favour of a mother in circumstances where there... - Re A (child) (Rights of Custody) Fam Div 24.08.07
Within this matter the court isseud procedural guidance in respect of applications under art 11 of Council Regulation... - Re M (children: Residence Order) CA 24.08.07
The CA held that the judgment of a Recorder making a residence order in favour of a mother in circumstances where there... - Re A (child) (Rights of Custody) Fam Div 24.08.07
Within this matter the court isseud procedural guidance in respect of applications under art 11 of Council Regulation... - Re JC (a child) (Committal Proceedings) CA 15.08.07
The CA dismissed a father's appeal against a committal order made in a case where care proceedings also ongoing. It was... - Re JC (a child) (Committal Proceedings) CA 15.08.07
The CA dismissed a father's appeal against a committal order made in a case where care proceedings also ongoing. It was... - Re R (a child) (Contact) CA 08.08.07
The CA held that a Judge had been wrong to make an order for contact between a father and a five year old child who was... - Re R (a child) (Contact) CA 08.08.07
The CA held that a Judge had been wrong to make an order for contact between a father and a five year old child who was... - LM, Re [2007] EWHC 1902 (Fam) (01 August 2007)
Within care proceedings a finding had been made that LM's sibling had been killed by the Mother. LM's GAL asked the... - LM, Re [2007] EWHC 1902 (Fam) (01 August 2007)
Within care proceedings a finding had been made that LM's sibling had been killed by the Mother. LM's GAL asked the... - Re M (a child) Fam Div 01.08.07
A Father's appeal against a DJ's refusal of his appplication to be assessed in Bangladesh by an independent social... - Re P (a child: residence orders) CA 25.07.07
A residence order in favour of a natural father in respect of a child born under a surrogacy agreement was upheld. The... - Re F (children) CA 25.07.07
The CA upheld the decision of a judge to make the specific issue order sought by a father that his two children be... - North v North [2007] EWCA Civ 760 (25 July 2007)
In the well publicised 'prodigal wife' case the CA allowed a husband's appeal against the upward variation of a nominal... - Re B (a child) CA 24.07.07
The CA set aside a prohibited steps order and ordered a re-trial in a matter concerning removal of a child to Ireland... - Avis v Turner & Anor [2007] EWCA Civ 748 (19 July 2007)
The CA held that notwithstanding a consent order in Mesher terms it was open to the court to make an order for sale in... - Re J (a child: restriction on applications) CA 17.07.07
The CA upheld the decision of a judge to make an order under s91(14) of the Children Act 1989 prohibiting a mother from... - K v W Fam Div 10.07.07
Justices' decision not to grant parental responsibility to a father was quashed and the matter remitted for further... - Re W (Children Contact Order) CA 04.07.07
A father succeeded in his appeal against an order for indirect contact only. The Ca holding that the father's suggestion... - Re P (a child: leave to oppose the making of an adoption order) CA 27.06.07
In dismissing a Father's appeal against the refusal of leave to oppose the making of an adoption order the court gave... - C v C and others Fam Div 27.06.07
In a case where a child had lived with its Father for the last nine years that Father was granted permission to remove... - Rowley & Others v Secretary of State for the Department of Work and Pensions) CA 19.06.07
The CA upheld the decision to strike out an application against the DWP in relation to child support payments. It was... - Re A (a child) (Residence Order) CA 15.06.07
The CA upheld an order transferring a child's residence from Mother to Father. The Mother had frustrated the contact... - M v M CA 14.06.07
The court held that given evidence of a Father's consent to a Mother bringing their children to England and remaining... - Re K CA 12.06.07
A Mother's appeal against the refusal of a judge to order a residential assessment under s.38(6) was successful. The CA... - Leman-Klammers v Klammers [2007] EWCA Civ 919 (12 July 2007)
The CA held that a judge in deciding to grant decree absolute to a wife therby rejecting a husband's application for a... - J v W and another Fam Div (P) 08.06.07
A Mother's application for the return of a child from England to Ireland was successful. The court, while finding that... - G v G and another CA 06.06.07
The CA upheld the decision of a judge to proceed with a committal hearing in respect of breach of a contact order... - Re W (a child) (contact: leave to apply) Fam Div 25.05.07
The court allowed a maternal grandmother's appeal against an order, made without an oral hearing or notice to her,... - Charman v Charman [2007] EWCA Civ 503 (24 May 2007)
The CA upheld the decision of the trial judge in ancillary relief proceedings to make orders leaving the wife with £48... - A local authority v K and another Fam Div 23.05.07
The court granted a local authority an order allowing them to disclose findings that a mother has assaulted her eight... - R (on the application of Baiai and another) v Secretary of State for the Hom Department CA 23.05.07
The CA affirmed the decision of Silber J that the Secretary of State's scheme whereby a person who was not an EEA... - S v S Fam Div 22.05.07
A husband's appeal against a district judge's order in ancillary relief proceedings was allowed in circumstances where... - Re M (a child) CA 16.05.07
The CA dismissed a mother's appeal against a trial judge's refusal to order a test for osteogenesis imperfecta. The... - Re C (a child) CA 16.05.07
The CA allowed an appeal by parent's within care proceedings to the extent of allowing them to instruct their own... - Re G (children) (care proceedings: adequacy of reasons) Fam Div 14.05.07
The court dismissed a mother's appeal against the decision of justices granting full care and placement orders. It was... - Re F (care proceedings: interim care order) CA 14.05.07
The CA upheld a judge's decision to continue an ICO in respect of two children to allow further assessment of the... - Lawrence v Pembrokeshire County Council CA 15.05.07
An appeal against the striking out of a mother's claim under art. 8 HRA 1998 was dismissed. The CA held that art 8 did... - Smith v Smith [2007] EWCA Civ 454 (15 May 2007)
The CA allowed a husband's appeal against the refusal of a circuit judge to set aside the order of a district judge in... - Mubarak v Mubarik [2006] EWHC 1260 (Fam) (09 May 2006)
In the most recent of many reported hearings in this long running case the Wife's application for a Hadkinson order,... - Klammer v Klammer Fam Div 04.05.07
A wife's appeal against a costs assessment in relation to ancillary relief proceedings was dismissed. She had sought a... - Re H (Children) (Residence Order) CA 02.05.07
In setting aside an interim residence order made in favour of a father the CA held (applying Re K) that such an order... - Re W (a child) (sexual abuse) CA 02.05.07
An appeal against the finding that a father had been guilty of sexually abusing his child, notwithstanding that a... - Moore v Moore [2007] EWCA Civ 361 (20 April 2007)
The CA dismissed a husband's appeal against the granting of permission to his wife to apply for financial relief in the... - Re W (a child) (non-accidental injury: expert evidence) Fam Div (Manchester) 20.04.07
Following a case in which the court at first instance was held to have fallen into the error of allowing an expert... - Re R (Children) (secure editing of documents) Fam Div 14.04.07
The court gave guidance on the procedure to be applied where sensitive confidential information needed to be protected... - Greenwich LBC v I & others Fam Div 04.04.07
The court held that, for the purposes of a prospective application for an adoption order on an inter country basis,... - H v D and others Fam Div 04.04.07
In wardship proceedings the court granted an order in favour of a mother, who had removed the children from Venezuela... - H v H (matrimonial property) Fam Div 04.04.07
The court declined to award a wife a half share in her husband's bonuses for 2006 and 2007 holding that these did not... - Re R (Children) CA 27.02.07
The CA upheld a judge’s decision to dismiss a grandmother’s application within care proceedings for residence... - Re M (Residence Order) Fam Div 23.02.07
An appeal by foster carers, who had applied for a residence order for a child, against the dismissal of their... - Re B (Children) (costs order) CA 21.02.07
An appeal against a costs order made on an indemnity basis against a mother was allowed and the order set aside. Due to... - Re W (a child) (care proceedings) CA 20.02.07
An appeal was allowed against the making of a final care order. In the proceedings allegations had been made that a... - S (a child) (adoption order or special guardianship order) No .2 CA 14.02.07
CA held that a judge did not have the power to make a special guardianship order where no report had been obtained... - Re H (a child) CA 08.02.07
The CA dismissed a mother’s appeal against the refusal of her application to remove her daughter permanently from the... - S (a child) (adoption order or special guardianship order) CA 06.02.07
An appeal against the decision of a judge to make a special guardianship order rather than the adoption order sought... - Re M-J ( a child) (adoption order or special guardianship order) CA 06.02.07
The CA held that the judge had been entitled to reach the conclusion the welfare needs of a child required the making... - Re A-J ( a child) (adoption order or special guardianship order) CA 06.02.07
The CA held that special guardianship orders had not effectively replaced adoption orders where children were in family... - Re M (children) CA 05.02.07
An appeal seeking an extension of the time allowed by an order for a holiday in South Africa was allowed. Fresh... - Swindale v Forder & Anor [2007] EWCA Civ 29 (31 January 2007)
In a case concerned with the enforcement of an intervener’s postponed charge of the former matrimonial home the CA... - F v F and others Fam Div 23.01.07
Supervised contact was ordered where a Father had made repeated threats and attempts to remove the children to Mexico.... - Re M (A Child) (Care Proceedings) CA 19.01.07
The CA dismissed a Guardian’s appeal against a witness summons compelling the child who was the subject of care... - D v B and others Fam Div 19.01.07
On a fact-finding in relation to allegations by a Mother that children had been sexually abused. The court held that... - Ella v Ella [2007] EWCA Civ 99 (17 January 2007)
The CA dismissed a wife’s appeal against an order staying English divorce proceedings on the basis of extensive... - Garland v Morris and another 11.01.07
A claim under the Inheritance (Provision for Family and Dependents) Act 1975 by a daughter who had not seen or spoken... - Re A (a child) (wardship: habitual residence) Fam Div 21.12.06
Emphasising the court’s need to take a fact based approach to the question of habitual residence it was held that a... - R (a child) (special guardianship order) CA 20.12.06
The CA held that a person who required the permission of the court to make an application for a special guardianship... - Re H (children) (care proceedings and criminal proceedings) CA 19.12.06
The CA held that in care proceedings brought after a mother’s partner had been charged with sexual offences involving... - N v N Fam Div 19.12.06
A husband’s appeal against the variation of a nominal periodical payments order on the basis that the district judge... - J (children) (residence order: removal outside jurisdiction) CA 19.12.06
The CA upheld the decision of a trial judge in dealing with cross applications for residence from a mother and... - C v C and others Fam Div 19.12.06
It was declared that the English court should exercise jurisdiction in relation to a father’s applications for... - L and another v Reading Borough Council and others QBD 13.12.06
An application by a father to amend particulars of claim to plead breaches of the ‘direct’ duty of care owed to him... - H v L and another Fam Div 07.12.06
The Attorney-General exceptionally agreed to a request by the judge in a pre-hearing review to provide an advocate to... - Youanas v Elkomos CA 07.12.06
The CA held that a judge had had no basis for finding that an agreement to settle out of court made by a husband and... - M v M CA 06.12.06
CA upheld a judge’s decision to allow a wife to reject her husband’s offer to purchase the former matrimonial home... - Re A (a child) (disclosure of child’s existence to paternal grandparents) Fam Div 01.12.06
In care proceedings the father sought an order preventing disclosure of the child’s existence to his family the... - B v D and another Fam Div 29.11.06
In allowing the appeal of a mother with learning difficulties against the refusal of a residence order the court held... - Stringer v Stringer [2006] EWCA Civ 1617 (29 November 2006)
The CA re-stated that there is no jurisdiction for a court to impose conditions on a s.91(14) order. - Morgan v Hill [2006] EWCA Civ 1602 (28 November 2006)
The court allowed in part the appeal of a father against an order under schedule 1 CA 1989 and reduced the lump sum... - C (children) appointment of a guardian CA 28.11.06
Held that in contact proceedings, where the father had undergone gender re-assignment surgery, the judge had been wrong... - Re B (a child) (contact: parent’s liability to pay child support) CA 23.11.06
CA dismissed a father’s appeal against an order reducing his contact to just below 104 nights a year and thereby... - B and others v A County Council CA 21.11.06
During adoption proceedings, a local authority gave adopters an assurance that their identity would not be disclosed to... - Legder-Beadell and another v Peach and another Chancery Div 17.11.06
While in the instant case the presumption of resulting trust readily gave way to contrary intention manifested at the... - C v S Fam Div 16.11.06
A mother received permission to permanently remove a child to Australia immediately where the father had sought to... - J v C Fam Div 10.11.06
Where the whereabouts of the father who commenced contact proceedings were no longer known the court declined to make... - S v S Fam Div 10.11.06
Applying the principles set out in Miller v Miller and Macfarlane v Macfarlane the court awarded a wife £3 million... - Re F (indirect contact through third party) CA 02.11.06
The CA upheld the President of the Family Division’s decision to make an order for indirect contact between a father... - Norfolk County Council v Webster & Ors [2006] EWHC 2733 (Fam) (01 November 2006)
Against a background of allegations by the parents in care proceedings that they were victims of miscarraiges of... - Goldsmith v Goldsmith [2006] EWCA Civ 1670 (31 October 2006)
The CA held that a sentence of 12 months' imprisonment for contempt of court for several serious breaches of a... - K v K Fam Div 27.10.06
A father’s application under the Convention on Civil Aspects of International Child Abduction 1980 (The Hague... - Re P (Children) CA 24.10.06
In circumstances where the mother of a child had voluntarily placed him in local authority foster care the CA held that... - B Borough Council v S & Anor [2006] EWHC 2584 (Fam) (23 October 2006)
Held that B Borough Council had been correct in its decision to seek without notice relief in respect of the husband’s... - Re A (a child) (care order) CA 19.10.06
The CA held that a Judge had gone beyond the wide ambit of his discretion by excluding the possibility of a child... - Currey v Currey [2006] EWCA Civ 1338 (18 October 2006)
It was held a judge’s exercise of his discretion in making an upwards variation of a periodical payments to a husband... - F (children) (adoption: notice of hearing) CA 18.10.06
The CA held in proceedings for adoption brought under the Adoption and Children Act 2002 in respect of a child who had... - VB v VB Fam Div 17.10.06
Court held that a father’s four weekly schedule for contact was over complicated for children aged between 5 years... - L and another v Reading Borough Council and others QBD 06.10.06
Having regard to the decision in D v East Berkshire Community Health NHS Trust [2005] 2 All ER 443 the court held it... - Re G (a child) (education) CA 05.10.06
The CA held that a deputy judge of the High Court, on appeal from the county court, erred in ordering that a child... - Westcar v Westcar [2006] EWCA Civ 1414 (04 October 2006)
An appeal was partially allowed against the extension for 12 months of an injunction with power of arrest attached the... - S v S Fam Div 22.09.06
In AR proceedings issued by a wife after a separation of seven years, the court found she should not receive shares in... - H v H (Queen's Proctor Intervening) (Validity of Japanese divorce).Fam Div 14.09.06
It was held that a kyogi rikon (a Japanese form of divorce by consent which takes effect once registered) is a divorce... - M v P Fam Div 01.09.06
Adopting a purposive construction of the Convention on Civil Aspects of International Child Abduction (The Hague... - Re O (children) CA 30.08.06
A father’s appeal against the finding he had caused injury to his son was dismissed. The CA held that while on the... - Re: L (Children) (Threshold Criteria) CA 25.08.06
An appeal against Care Orders was allowed where the LA had removed children on the basis of third party allegations of... - Re B (a child) and Re O (children) CA 25.08.06)
In order to demonstrate the open nature of the family justice system Lord Justice Wall took the unusual step of... - W, R (on the application of) v Lincolnshire County Council [2006] EWHC 2365 (Admin) (24 August 2006)
While they had not followed the recommendations of 2:1 care set out in an expert report Lincolnshire CC had not been... - Re S (a child) Re E (a child) (s.91(14) Orders) CA 18.08.06
A court making an order under the Children Act 1989 s. 91(14) is not permitted to attach conditions to the order beyond... - Wilkinson v Kitzinger & Ors [2006] EWHC 2022 (Fam) (31 July 2006)
To the extent that by reason of not according Civil Partnerships the name ‘marriage’ The Civil Partnership Act 2004... - Charman v Charman [2006] EWHC 1879 (Fam) (27 July 2006)
Held that this was a case where, wholly exceptionally, the wealth created was of extraordinary proportions from H’s... - G v G Fam Div 27.07.06
The court found on the evidence that a wife in ancillary relief proceedings had not proved her case that sums of money... - A London Borough Council v M and another Fam Div 27.07.06
In the instant case, para 19(9) of Sch 2 to the Children Act 1989 was not an obstacle to the court giving approval to an... - Re G (Children) HL 26.07.06
The HL allowed the appeal of the biological mother of children conceived in a same-sex relationship against an order... - Re S (a child) CA 26.07.06
Exercising a broad-brush discretion the CA concluded that a fund of £1.1 million should be made available to trustees... - Pelling v Bruce-Williams [2006] EWCA Civ 1046 (25 July 2006)
Held that the prohibition against publication contained in s.97 (2) of the Children Act 1989 lasted only as long as the... - S v (1) SB (2) B CC Nottingham 24.07.06
The trial judge awarded £35,000 in damages under the provisions of the Protection Against Harassment Act 1997 to a... - Re H (a child) CA 20.07.06
In dismissing a husband’s appeal against an order for the transfer of the joint tenancy of the former matrimonial home... - F v (1) M (2) C (A Child by his GAL) Fam Div 19.07.06
An application by a mother to take her four-year-old son to live permanently with her in the United States was allowed... - NS v MI Fam Div 05.07.06
A decree of nullity was granted to an Applicant under the Matrimonial Causes Act 1973 s.12(c) on the grounds that she... - Re B (children)(care proceedings: care and supervision orders) CA 22.06.06
A mother successfully appealed the grant of care and supervision orders in respect of her children. The CA holding ... - Re M-K (a child) (relocation outside the jurisdiction) CA 22.06.06
CA held that a judge erred in concluding a mother had deliberately misled the court regarding her qualification as a... - A City Council v O and others Fam Div 21.06.06
The court approved a care plan for adoption or long-term fostering for two children of Nigerian parents and dispensed... - Reading Borough Council v Miss Angela D & Ors [2006] EWHC 1465 (Fam) (20 June 2006)
The court gave guidance on the disclosure of documents and information to the police in private family cases following... - Re T and another (children) (abduction: recognition of foreign judgment) Fam Div 20.06.06
Held that the judgment and order of the Spanish court, which gave interim custody in the father, should be recognised by... - Re B (a child) CA 14.06.06
The CA held that a judge failed to weigh evidence properly, in concluding a grandmother had known of non-accidental... - Re N (children) (relocation outside the jurisdiction) CA 14.06.06
An appeal was allowed against an order which would have allowed a father to take one of his two children to Canada for... - Re H (a child) (contact) CA 09.06.06
A father’s appeal from a judge’s refusal to allow NYAS to intervene in a contact dispute was allowed. The judge... - Re B and anor (children) (allegations of sexual abuse: child’s evidence) CA 25.05.06
In dismissing the appeal of the Father and allowing that of Mother the court re-iterated that great care should be taken... - Martin-Dye v Martin-Dye [2006] EWCA Civ 681 (25 May 2006)
In a case concerning the appropriate treatment of pension assets the court noted per curiam that Rule 118(F) of the... - Vigreux v Michel & Anor [2006] EWCA Civ 630 (18 May 2006)
When allowing an appeal against the refusal of a return order in child abduction proceedings, the CA gave guidance on... - F (children), Re [2006] EWCA Civ 792 (18 May 2006)
Following appeal a case involving a contact order made where allegations of sexual abuse were tried was sent for... - Re G (a child) (parental responsibility) CA 17.05.06
Held that a parental responsibility order was not susceptible to suspension. The judge's order granting a father... - Re C and anor (children) (parent: purported marriage between two women; artificial insemination by donor) CA 15.05.06
Held that in English law marriage was exclusively the union of a man and a woman and therefore having regard to the... - Re J (a Child care proceedings: fair trial) CA 11.05.06
In an appeal against a care order in circumstances where the LA had not followed good practice guidelines in respect of... - Lawrence v Pembrokeshire County Council [2006] EWHC 1029 (QB) (11 May 2006)
The LA’s application to strike out a claim in negligence arising from the registration of children on the at risk... - Re D (a Child Care Proceedings) Fam Div 11.05.06
A Father was allowed to adduce fresh evidence on appeal from a decision of justices committing the child to the care of... - Re CG (Children) CA 13.04.06
Held that final orders in care proceedings should not have been made where there was controversial evidence from... - Wilkinson v Kitzinger & Ors [2006] EWHC 835 (Fam) (12 April 2006)
An application for a protective costs order in respect of proceedings for a declaration of marital status under s.55 FLA... - Re M CA 12.04.06
Held that a judge's exercise of discretion in granting an ICO had been unsatisfactory but that in the circumstances it... - Re P (Children) CA 11.04.06
A contempt of court hearing concerning a father said to have taken photographs of a CAFCASS officer was held to have... - Re E Fam Div 10.04.06
A grandmother with care of her granddaughter appealed a consent order on the grounds that she had not understood the... - Re CJ Fam Div 10.04.06
Held that it was inappropriate to employ s.91(14) Children Act 1989 in ongoing proceedings. Further that an application... - Re G (Children) (residence same-sex partner) CA 06.04.06
The non-biological mother of children who had been conceived in a same-sex partnership was granted primary care of these... - Re H (Children) CA 29.03.06
Held that a judge should not have dismissed an originating summons under the Hague Convention in it’s entirety where... - Re B (a Child) CA 24.03.06
Held parents in care proceedings not disadvantaged by a refusal of permission to instruct a further expert to give an... - X, Re Emergency Protection Orders [2006] EWHC 510 (Fam) (16 March 2006)
The court gave guidance on good practice in emergency protection orders and added to the guidance in A Local Authority... - Re S (a Child) CA 15.03.06
A judge determining an application for financial relief for a child had not looked at the child's needs as distinct from... - An NHS Trust v MB [2006] EWHC 507 (Fam) (15 March 2006)
Held that it was not in the best interests of an 18-month-old child with the severest form of spinal muscular atrophy... - Re M (a child) (supervised contact) CA 09.03.06
Upheld decision to order supervised contact for a father where there was evidence of inappropriate sexual behaviour... - Abbasi v Abbasi (Attoney General Intervening) CA 07.03.06
Held a judge had the opportunity and responsibility to adjourn a case for investigation in another jurisdiction of his... - Re D (Children) CA 07/02/06
Held that a judge in family proceedings had the right and the duty to bring the proceedings to an end where they reached... - CL v East Riding Yorkshire Council & Ors [2006] EWCA Civ 49 (07 February 2006)
An appeal against findings of fact in care proceedings was partially successful, the CA holding that the mother had a... - Re G (a child) (contact) CA 31/01/06
A judge's refusal to order a CAFCASS report was overruled the CA holding that there was an obligation on the court to... - Re C (a Child) (contact: conduct of hearing) CA 27/01/06
A rehearing was ordered in a children case where the judge was held to have improperly curtailed a hearing and not... - Re D (Children) CA 25/01/06
Held that a mother had established a defence to proceedings seeking the return of her children to Venezuela. The judge... - Re C-P (A Child) 24/01/06
The Judge has a wide discretion over the conduct of contact proceedings and if he had concluded that proceedings could... - Axon, R (on the application of) v Secretary of State for Health & Anor [2006] EWHC 37 (Admin) (23 January 2006)
R (on the application of Axon) v Secretary of State for Health CA 23/01/06 - Re M (a child) (Fair Hearing) CA 19/01/06
A district judge at county court had misunderstood the purpose for which a case had been transferred to him from the... - Re C (a Child) (Shared Residence) CA 18/01/06
The CA held that a Shared Residence order should have been granted in a case where there was a child with a strong... - AD and OH (a child: By AD his litigation friend) v Bury metropolitan BC CA 17/01/06
A local authority did not owe a duty of care to parents in the conduct of care proceedings in respect of their child. ... - D (Contact and PR Lesbian Mothers and Known Father) No. 2 Fam Div 13/01/06
After agreeing to conditions that he would not interfere in matters of schooling and health a father was granted PR in... - C v B (Fam Div) 21/12/05
A Father's Hague Convention application for children to be returned to Australia was allowed despite a strong welfare... - Charman v Charman [2005] EWCA Civ 1606 (20 December 2005)
in ancillary relief proceedings, when deciding whether to order a non-party to produce documents, there was neither... - Warner v Warner [2005] EWCA Civ 1788 (20 December 2005)
A husband's appeal against an order in ancillary relief which divided capital £440,000 to the wife and £35,000 to the... - C v C (Children) (Investigation of Circumstances) (Fam Div) 14/12/05
The court declined the invitation of a NYAS case worker and other professionals to make a direction that a s.37 report... - Re C and another (Children) (application for contact) (CA) 13/12/05
A father's appeal against the dismissal of his application for contact was dismissed. - A Local Authority v H and another (Fam Div) 13/12/05
In giving directions the court commented on the approach in CA 1989 public law proceedings to expert evidence and the... - E v X London Borough Council (Fam Div) 06/12/05
The applicant a Ghanaian citizen was on the evidence held to be 17 and had therefore validly been made the subject of a... - Re M (a child) (restriction on applications) (CA) 06/12/05
It was held that although a judge had been entitled to make an order under s.91(14) CA 1989 imposing the requirement... - Warring-Davies v Secretary of State for Work & Pensions [2005] EWHC 3011 (Admin) (28 November 2005)
The court allowed an appeal against a CSA liability order holding that a consent order stating that maintenance payments... - Re H (a child) (contact: domestic violence) (CA) 23/11/05
In a contact case a judge had misremembered the facts of a case and had developed a polarised view of the parties. He... - Re A (children) (contact) (CA) 23/11/05
A s.91 (14) order prohibited a Father from further contact applications was held to be appropriate although the Father... - Re W (a child) (removal from jurisdiction) (CA) 21/11/05
The CA upheld a judge’s decision to allow a Father who was primary carer to emigrate with his new partner and the... - Re C (a child) (care order: application to discharge) (CA) 11/11/05
A judge hearing an application to discharge a care order under s.39 did not have the jurisdiction if he decided to... - Re P (children) (shared residence order) (CA) 09/11/05
A judge’s refusal to order shared residence because it would affect the issue of control and power between the parents... - Harb v King Fahd Bin Abdul Aziz & Anor [2005] EWCA Civ 1324 (09 November 2005)
Initially an appeal against the judgment that H could successfully challenge an application under s.27 (failure to... - Re M (children) (interim care order) (CA) 03/11/05
Held that the Judge had erred in placing too much weight on the speculative concerns of the GAL and local authority and... - Re S (children) (access to papers) (CA) 03/11/05
An appeal was allowed where a Father following the conclusion of Contact proceedings had been injuncted from accessing... - Re W (a child) (NAI: expert evidence) (CA) 01/11/05
While the instruction of experts in family proceedings must be controlled the court should be slow to refuse an... - Re C (A Child) (Committal Proceedings) sub nom C v M (2005) CA 24/10/2005
A father (F) was found to have been in contempt of court for breach of an injunction granted in favour of the mother.... - Wyatt & Anor v Portsmouth Hospital NHS & Anor [2005] EWCA Civ 1181 (12 October 2005)
The best interests of a child in the context of the withholding of medical treatment were not to be determined by the... - Re C (A Child) CA 11/10/2005
A Judge refused a F’s application for contact. There were allegations of sexual abuse of the child against F which the... - X v (1) Liverpool City Council (2) C C Merseyside CA 11/10/2005
The LA had obtained an Emergency Protection Order (EPO) in order to protect four children from the risk posed by their F... - Re T (A Child) CA 6/10/2005
Unsuccessful appeal against residence order to F (German). Both parents had worked in the UK during the relationship.... - Bg, R (on the application of) v Medway Council [2005] EWHC 1932 (Admin) (08 September 2005)
In view of the LA’s limited finances and its overall responsibilities it was held reasonable for a LA to impose... - M v M (Breaches of orders: Committal), CA, 28/7/05, Times 24/8/05
A M needed permission to appeal against the decision of a judge to take no action and to refuse to commit the F to... - Re N (a child), CA, 24/8/05
The court would only make a care order following final hearing if it had before it all the relevant information. The M... - Carabott v Huxley [2005] EWCA Civ 1837 (19 August 2005)
In a case of serious and persistent breaches of a non-molestation order, a sentence of 18 months’ imprisonment... - Re R (a child), CA, 18/8/05
A court considering a s.10(9) CA ’89 application could undertake a general assessment of its merits and nature. Where... - Re K (children), CA, 16/8/05
Where life-threatening injuries were inflicted on a child such that the s.31 CA ’89 threshold criteria were met, there... - M v B & ors, Fam Div (Sumner J), 28/7/05, Times 10/8/05
Where declaratory relief was sought under the court’s inherent jurisdiction in relation to an adult lacking mental... - Essex County Council v X & Ors [2005] EWHC 2498 (Fam) (08 August 2005)
In the circumstances, owing to the parents unreasonably withholding their consent to adoption of their children, and to... - W v W (Foreign Custody Order: Enforcement), Fam Div (Singer J), 5/8/05
An order that the children be returned to Ireland to live with their M was recognised and enforced where F had failed to... - A v M (Child Maintenance) Fam Div (Sumner J) 29/7/05
An order for capital provision of £175,000 under Schedule 1 was held not to be plainly wrong or outside the boundaries... - Miller v Miller [2005] EWCA Civ 984 (29 July 2005)
CA upheld Singer J’s judgment on 5 April 2005 - see [2005] EWHC 528 (Fam) in which he made an award of £4.5 million... - Hunter v Murrow [2005] EWCA Civ 976 (28 July 2005)
In refusing the appeal of a father who enjoyed contact with his child for a few hours a week before the mother moved to... - RE H (A Child) CA, 28/7/2005
Where a finding had been made that a father was within a pool of potential perpetrators of abuse against the child in... - RE G (Children) CA, 27/7/2005
The wording of s1 of The Children Act 1989 did not create any presumption one way or another as to whether an order... - Local Authority v N and another Fam Div 27.07.05
In general there is an obligation on a LA to share relevant information relating to a child in their care with its... - Re W (children), Fam Div (Sir Mark Potter, P), 14.07.05 Times 21.07.05
A local authority is entitled to an injunction restraining the publication of the identity of a D and her victim in a... - Re A (a child), CA (Wall LJ), 14.07.05
There is no basis on which an appeal could succeed against an order adjourning an appeal for a limited period to enable... - Re G (a child) (care proceedings: lack of reasons) CA 13.07.05
A case was remitted to a high court judge where the trial judge’s fact finding and reasoning were inadequate. It was... - Re H (a child) (occupation order power of arrest) CA 12.07.05
Family Law Act: The CA held that a judge who had removed a power of arrest attached to an occupation order made against... - Robinson v Murray CA 12.07.05
Family Law Act: A sentence of eight months for a defendant found guilty of three breaches of a non-molestation order by... - Re D (children), CA, 06.07.05, Independent 08.07.05
The CA reviewed the judge’s findings of fact of sexual abuse by F of the children who were subject to care proceedings... - Barbar v Aziz Chancery Division 06.07.05
A defendant to possession proceedings who had come to England after a Nikah ceremony in Pakistan and lived in a property... - Moses-Taiga v Taiga [2005] EWCA Civ 1013 (05 July 2005)
Maintenance pending suit could be awarded where the jurisdiction of the court was in issue and were the case related to... - R v Minister of State for Children, QBD (Admin) (Munby J), 04.07.05
The Secretary of State’s imposition of a temporary suspension on inter-country adoptions from Cambodia is lawful. ... - L v K, CA, 01.07.05
A judge had erred in exercising his discretion by ordering F to return the parties’ children to M where F had made... - Carp v Byron CA 30.06.05
A non-biological father’s appeal was dismissed where the trial judge’s decision not to order contact had been within... - Re O (children)(representation: McKenzie friend); Re W-R (a child)(representation: McKenzie friend); Re W (children)(representation: McKenzie friend) CA 23/06/05.
There is a strong presumption in favour of allowing a litigant in person a McKenzie friend. A request should only be... - W v W (Children) (Abduction and Custody) CA 22/06/05
Where a Father failed to comply with the majority of the conditions of a conditional order for return of children the... - Re M (Children) (Contact), CA, 21/06/05
M applied to renew contact despite hostility from her children. She also wanted the court to produce a further report on... - In Re M (Children) (Contact: Long-Term Best Interests) CA 21/6/05
The children lived with F. An order was made for indirect contact with M only, the Judge being unwilling to go behind... - Marshall v Marshall [2005] EWCA Civ 641 (05 May 2005)
It was inappropriate for a judge to decide on contact at a 45-minute directions hearing and without the advantage of a... - Re D (a Child), CA, 08/06/05
A residence order in favour of the respondent F was set aside for the judge had been procedurally unfair by indicating... - Re E (A Child) (Custody: Foreign judgments), Fam Div (Sir Mark Potter, P), 27/05/05
In summary proceedings under the Hague Convention 1980, it is inappropriate for an English court to undermine the... - K v K (Ancillary relief: Property division), Fam Div, Baron J, 27/05/05
A W applied for AR under MCA 1973, seeking equal division of the assets. It was held that, taking into consideration all... - Harb v King Fahd Bin Abdul Aziz [2005] EWCA Civ 632 (26 May 2005)
Where a party to proceedings under s.27 MCA 1973 challenges the jurisdiction of the court on grounds of state immunity,... - Mabon v Mabon & Ors [2005] EWCA Civ 634 (26 May 2005)
In deciding whether to dismiss a children’s guardian upon the child’s application, judges should focus on the... - Re W (A Child), CA, 26/5/05
A judge is entitled not to accept expert evidence, and is entitled to depart from the views of the guardian. But a judge... - Westminster City Council v RA & Ors [2005] EWHC 970 (Fam) (26 May 2005)
Under the CA 1989, families ought to be able to have input into the decision making process and need to be kept abreast... - Re B (A Child), CA, Wall LJ, 23/5/05
The question of residence and contact of a child living in England whose father lives in Scotland are to be determined... - Re S (a child: adoption) (CA). 19/05/05
Determination of the mother’s application to discharge a care order should occur before consideration of the local... - S v (1) B (2) Y (a child) (HC) 4/5/2005 Times 17/05/05
The Hague Convention gives paramount importance to the rights and freedoms of the subject child regardless of the... - Daniel v Drew [2005] EWCA Civ 507 (06 May 2005)
Threat of nephew to his aunt of legal action could be undue influence. The critical question was whether the persuasion... - Re M (a child) (CA). 05/05/05
An appeal was allowed where a proper investigation had been necessary and the judge had not given sufficient weight to... - Re W (children) (care: interference with family life).(CA) 04/05/2005
Where explanations given by the judge were clear and sufficient and his conclusion within his discretion a decision that... - Lambeth LBC v S & others (Fam Div) 03/05/05
The funding of a s.38 (6) assessment is not beyond the powers of the LSC. The Calderdale criteria would be applied in... - Seiwa v Sankofa (CA) 26/4/2005
A costs order was set aside where a judge had failed to investigate the appellant's means of paying the order or how... - Re M-B & D (Children): Re J-B (a child) (CA) 26/4/2005
Permission to appeal injunctions made in children proceedings granted where a court had had no power to attach powers of... - Re T (children) (sexual abuse: evidence) (CA). 21/04/05
A judge had sufficiently balanced a 17yr old’s age against her reluctance to participate and evidence her welfare... - K v D (Fam Div, Holman J) 21/4/05
K was granted a declaration that she was not, and had never, been married to D. The declaration was granted under the... - Re O (children), CA, 20/4/05
The court refused to substitute an order that a local authority provide a report under s.37 for the order that it file a... - Re R (children), CA, 19/4/05
The lower court made an error of law in dismissing a father’s application for joint residence. It was held however... - Brand v Mower, CA, 14/4/05
The CA could exercise its discretion and make a fair assessment on the basis of the available information where it was... - J, R (on the application of) v Caerphilly County Borough Council [2005] EWHC 586 (Admin) (12 April 2005)
A pathway plan under the Children (Leaving Care) Act 2000 had to clearly identify the child’s needs, the action to be... - Re E (children), CA, 11/4/05
The trial judge had been entitled to make the factual finding that the respondent father had made a genuine statement of... - Re M (children) (Contempt: committal order), CA, 11/4/05
On appeal a suspended sentence of seven days’ imprisonment for breach of a contact order by returning a child ten... - Re F (children) (Contact orders: domestic violence) CA 7/4/05
An appeal against the imposition of a s.91(14) CA 1989 order where the parties had reached agreement over contact and... - Re G (Children), CA, 6/4/05
It was not sufficient for a judge to have dismissed the appellant's application for a joint residence order simply on... - Williams v Lindley [2005] EWCA Civ 103 (10 February 2005)
At an AR permission hearing to reopen a consent order due to a supervening event, the judge ought to concentrate on the... - A v B (Ancillary relief: Separation agreement) (Fam Div, Black J), Times
Recent authorities do not indicate a change of approach to the evaluation of, or make it any simpler to diverge from a... - Re T (a child), CA
A judge having meticulously investigated, and concluded that the resident parent need not harbour any worries regarding... - Re D (a child) (Representation: McKenzie friend), CA
An application to allow a McKenzie friend was refused in accordance with the guidance from the Office of the President... - Re B (children)
Judge not in error in refusing to appoint expert witness given fresh evidence on the issue that the expert’s evidence... - Bowman v Fels [2005] EWCA Civ 226 (08 March 2005)
Part 7 of Proceeds of Crime Act 2002 is not clear enough to abrogate legal professional privilege. Further the s.328... - East Sussex CC v K, D & L (Fam Div, Charles J) 8/3/05 [2005] All ER (D) 201 (Mar)
The civil standard of proof applies to the fact-finding exercise of establishing the s.31 threshold criteria, so that in... - Re M (a child), CA
Applications for permission to issue under s.91(14) CA 1989 should be made on proper notice to the respondent with due... - Re F-K (a child), CA
As a matter of discretion a judge was entitled to reopen findings of fact regarding parental contact made by another... - Re U (a child), CA
A powerful probability that an earlier result was erroneous had to be shown for a successful application to reopen an... - S v H (Fam Div, Sumner J)
In AR proceedings a husband giving wrong and misleading information about a material sum of money could not complain at...




