Z v Z [2009] EWHC 2626 (Fam) (22 October 2009)

Friday, November 13, 2009 | ,

Family Law Newswatch report

The autonomous European Community interpretation of habitual residence, unlike the domestic interpretation, did not accord determinative significance to the length of time a person spent in or out of a country, whether initially to acquire or to lose habitual residence.

Independent News and Media Ltd & Ors v A [2009] EWHC 2858 (Fam) (12 November 2009)

Thursday, November 12, 2009 | ,

Bailii Report

Application by media institutions for permission to attend hearings in the Court of Protection concerning a severely disabled young adult who possesses remarkable gifts, the practice of which have brought him to public and international attention. Permission granted.

N, Re [2009] EWHC B29 (Fam) (23 October 2009)

Wednesday, November 11, 2009 | ,

Bailii Report

Application for a declaration that the English courts recognise an Armenian adoption order. Declaration made.

RB (A Child), Re [2009] EWHC B26 (Fam) (10 November 2009)

Wednesday, November 11, 2009 | ,

Bailii Report

Words of endorsement of Mr Justice McFarlane regarding the decision of the father to agree to the withdrawal of medical treatment for the child, who is profoundly disabled and will always be totally dependent upon an artificial ventilation machine.

Topham & Anor v French [2009] EWCA Civ 1129 (12 August 2009)

Tuesday, November 10, 2009 | , ,

Family Law Week report

Application for permission to appeal an order for costs arising from application by a trustee in bankruptcy to sell the matrimonial home. Permission granted.

Baker v Rowe [2009] EWCA Civ 1162 (06 November 2009)

Saturday, November 07, 2009 | ,

Bailii Report

Application for permission to appeal against an order for costs as between interveners in proceedings for ancillary relief following divorce. Application granted but appeal dismissed.

K v K [2009] EWHC 2721 (Fam) (30 October 2009)

Saturday, November 07, 2009 | ,

Bailii Report

Mother took the children from Ireland to England without the father's knowledge. Father sought their summary return. Mother claimed that earlier consent given by husband still continued. Held, that consent was still operative. The judge then exercised his discretion not to order the children to be returned to Ireland.

Re J (Costs of Fact Finding Hearing) (26 October 2009)

Friday, November 06, 2009 | , ,

Family Law Newswatch report

Contact application by father - 11 out of 17 allegations of domestic violence by mother found proved at fact finding hearing but mother refused costs. Mother appealed. Appeal allowed.

Re S (Leave to Remove: Costs) (22 September 2009)

Friday, November 06, 2009 | , ,

Family Law Newswatch report

On appeal, the mother succeeded in obtaining permission to relocate with the child to Sweden. Mother sought costs from father. Costs awarded.

M v M: CA (Civ Div) (21 October 2009)

Thursday, November 05, 2009 | , , ,

Law Society Gazette report

The appellant husband appealed against an order requiring him to pay maintenance pending suit to his respondent wife following the withdrawal of her divorce petition. Appeal dismissed.

A v Leicester City Council and Hillingdon London Borough Council [2009] EWHC 2351 (Admin) (30 July 2009)

Thursday, October 29, 2009 | ,

Family Law Newswatch report

Child in care moved to the area of another authority - Dispute as to which authority was responsible for supporting the child - Held, the second authority should not have refused to offer support to the child, and should not have attempted to pass responsibility for her back to the first authority.

White v Withers Llp & Ors [2009] EWCA Civ 1122 (27 October 2009)

Wednesday, October 28, 2009 | ,

Bailii Report

Claim by husband against wife's solicitors in relation to the seizure and retention of documents belonging to the husband. Claim struck out in High Court and husband applied for permission to appeal. Permission granted and appeal allowed.

Barry (R, on the application of) v Birmingham Magistrates Court [2009] EWHC 2571 (Admin) (2 October 2009)

Monday, October 26, 2009 | ,

Family Law Week report

Application for judicial review of refusal of district judge to issue a summons in a private prosecution under the Protection from Harassment Act. Application granted and matter sent for reconsideration.

M (A Child) [2009] EWCA Civ 1093 (23 April 2009)

Monday, October 26, 2009 | ,

Family Law Week report

Application by father for permission to appeal finding of fact in care proceedings by adducing fresh evidence. Application granted.

E (A Child) [2009] EWCA Civ 1103 (7 October 2009)

Monday, October 26, 2009 | ,

Family Law Week report

Application for permission to appeal, with appeal to follow, decision to return a child to Spain under Hague Convention proceedings on the ground that return would be intolerable. Application refused.