GM & Anor v Local Authority & Ors [2009] EWCA Civ 1405 (21 December 2009)

CHILDREN — Care proceedings — Evidence — No obvious cause for injuries suffered by children — Specialists agreeing that tests as to mutation of genes not warranted — Mother applying for permission to instruct second expert — Whether clinicians treating children precluded from becoming jointly instructed witnesses

Report: WLR Daily

Full report: Bailii

J (Children) 2009 EWCA Civ 1350 (26 October 2009)

Appeal concerning proper approach re. application for costs by one parent against the other at the end of a bespoke fact-finding hearing within contact proceedings. Appeal allowed and Respondent ordered to pay two thirds of the costs of the hearing before the District Judge.

Full report: Family Law Week

B v I Case No: FD09F05012 (23 November 2009)

Judgment arising from an application to find that a marriage conducted in Bangladesh was not capable of being recognised in the United Kingdom. A declaration in these terms was made.

Full report: Family Law Week

W v W [2009] EWHC 3288 (Fam) (10 December 2009)

Application by sister to be joined as a defendant in Hague Proceedings concerning her brother. Application granted.

Full report: Family Law Week

R (A Child), Re [2009] EWHC B38 (Fam) (06 November 2009)

Eleven year old boy R lived with his mother all his life. Father applied for a transfer of residence, claiming that the mother had prevented R from having proper contact with his father, and that the mother had alienated R from his father. Application granted.

Full report: Bailii

In re S-B (Children) (Care Proceedings: Standard of Proof) [2009] UKSC 17 (14 December 2009)

CHILDREN — Care proceedings — Threshold conditions — Whether children likely to suffer significant harm — Whether likelihood of harm attributable to care likely to be given to children if care order not made — Uncertainty as to which parent responsible for significant harm suffered in past — Whether threshold condition that children likely to suffer significant harm satisfied — Whether standard of proof balance of probabilities — Children Act 1989, s 31(2)

Report: WLR Daily

Full report: Bailii

H (Children) [2009] EWCA Civ 1293 (24 November 2009)

Parents with a history of drug abuse appealed against a county court order refusing their application to revoke placement orders in respect of their two sons. Appeal refused –the county court judge had acted within the limits of the very broad discretion he had in such a case as this.

Full report: Family Law Week

Cart (R on the application of) v Child Maintenance Enforcement Commission 2009 EWHC 3052 (Admin) (1 December 2009)

A preliminary issue as to whether the judicial review jurisdiction of the High Court extended to decisions of the Upper Tribunal concerning the decision of the UT to refuse permission to appeal to itself, against a decision of the First-tier Tribunal (“FTT”) relating to child maintenance payable by the claimant. Application dismissed.

Full report: Family Law Week

W & M (Children) [2009] EWCA Civ 1278 (22 October 2009)

Application for permission to appeal, with appeal to follow, refusal to allow a s38(6) residential assessment in care proceedings. Application granted but appeal dismissed.

Full report: Family Law Week

Zaunegger v Germany (Application No 22028/04) (ECHR; 3 December 2009)

Unmarried father denied joint custody of child under German law, unless the mother agreed. Held, this amounted to a violation of the European Convention on Human Rights, Art 14 taken with Art 8.

Report: Family Law Newswatch

Francis v Francis [2009] EWHC 2485 (Fam) (17 July 2009)

French pre-nuptial contract - circumstances held to be fundamentally different from those in Radmacher v Granatino - the pre-nuptial contract in this case had been merely an administrative inconvenience, imposed by the state, with which the couple were obliged to comply in order to marry.

Report: Family Law Newswatch

O & Anor v Orkney Island Council [2009] EWHC 3173 (Fam) (07 December 2009)

Child born in Orkney with heart condition - parents unable to care for him - now cared for by relatives in Cambridgeshire, who applied for a special guardianship order, having given notice to the Cambridgeshire County Council ('CCC') - any local authority who receives such notice has a duty to prepare a prescribed report for the Court, and the court may not make a Special Guardianship Order unless it has received a report - CCC objected that the child was being 'looked after' by Orkney Island Council ('OIC') and it was they who should provide the report or pay for CCC to do so - OIC disclaimed all responsibility. Held, the duty to prepare the report lies on CCC.

Full report: Bailii

Local Authority v M & M & Ors [2009] EWHC 3172 (Fam) (07 December 2009)

Care proceedings - father currently serving prison sentence - allegations of violence and threats by father and his family against mother - mother trying to hide from father and his family - father unaware of care proceedings - application by mother and guardian that father be discharged as a party so that the proceedings continue without any involvement on his part - application granted.

Full report: Bailii

De L v H [2009] EWHC 3074 (Fam) (03 December 2009)

Application by Portuguese mother for return of child - child objected to return - application refused.

Full report: Bailii

Smith v Smith [2009] EWCA Civ 1297 (02 December 2009)

Appeal by wife against a s.14 TLATA order made under two months prior to the hearing of a defended suit for divorce brought by the husband against the wife that, as joint owners of the matrimonial home in which the wife continued to reside, they should forthwith sell it with vacant possession. Appeal dismissed.

Full report: Bailii

I (A Child), Re [2009] UKSC 10 (01 December 2009)

Contact application by mother - child resident in Pakistan - held that the court did not have jurisdiction - mother appealed - appeal allowed: the parties' right to "opt in" to the jurisdiction of an EU country which would not otherwise have jurisdiction to determine a child's future, contained in article 12 of Brussels II Revised, can apply to a child who is habitually resident outside the European Union, provided the criteria set out in article 12 had been satisfied.

Full report: Bailii

L (A Child) [2009] EWCA Civ 1239 (20 August 2009)

Appeal by parents and guardian against directions in care proceedings requiring that swabs be taken from two children to establish paternity. Appeal allowed.

Full report: Family Law Week

N (A Child), Re [2009] EWHC 3055 (Fam) (25 November 2009)

Private law children proceedings - applications by the mother and the guardian for an order – against both parents – under section 91(14) of the Children Act 1989 - order made, to last for four years.

Full report: Bailii

E (A Child) [2009] EWCA Civ 1238 (20 August 2009)

Application by father for permission to appeal, with appeal to follow, refusal of leave to appeal and related directions in disputed contact proceedings. Application and appeal allowed.

Full report: Family Law Week

J (A Child) [2009] EWCA Civ 1210 (29 October 2009)

Appeal by mother against refusals to allow further assessment of her capacity to care and to allow her McKenzie Friend to represent her in the final hearing. Appeal on second point allowed.

Full report: Family Law Week

M (Children) [2009] EWCA Civ 1216 (27 Ocotober 2009)

Application by father for permission to appeal, with appeal to follow, refusal to adjourn contact proceedings as the father was not fit to give evidence on the day. Application granted and appeal allowed.

Full report: Family Law Week

B (A Child) [2009] EWCA Civ 1243 (26 October 2009)

Application for permission to appeal, with appeal to follow, refusal to adjourn care proceedings so an intervenor could prepare their case properly. Application and appeal allowed.

Full report: Family Law Week

Re S (Parental Order) [2009] EWHC 2977 (9 November 2009)

Application for a parental order under s 30 of Human Fertilisation and Embryology Act 1990 - Californian surrogacy agreement provided for $23,000 to be given to the surrogate mother - whether this breached s.30(7). Held, the order would be made as these applicants would not have been prevented from parenting children in this country, and the sums involved were not greatly disproportionate to expenses reasonably incurred.

Report: Family Law Newswatch

Williams v Hull [2009] EWHC 2844 (Ch) (19 November 2009)

Cohabitee property dispute - woman contended that property held in accordance with a draft Deed of Co-ownership - man contends that the property is held in equal shares - woman sought to introduce into evidence a letter from the man to her, marked 'without prejudice', which indicated he accepted that his interest was as per the Deed. The judge considered that the letter was admissible. The man appealed. His appeal was allowed.

Full report: Bailii

KB (A Child) v Borough Council & Ors [2009] EWCA Civ 1254 (25 November 2009)

Applications by the guardian and the local authority for permission to appeal against the dismissal of the local authority's application for an interim care order. Permission granted and appeals allowed.

Full report: Bailii

T (A Child) [2009] EWCA Civ 1208 (20 November 2009)

Application by child's mother, seeking permission to appeal against findings concerning the causation of the child's injuries, in the course of the care proceedings. Permission granted but appeal dismissed.

Full report: Bailii

B (A Child), Re [2009] UKSC 5 (19 November 2009)

Appeal by maternal grandmother of a 3-year-old child from an order of the Court of Appeal upholding the decision of the High Court to reverse a family proceedings court’s decision to refuse an application by his father that the child should live with him rather than with the grandmother, who had cared for him since his birth. Appeal allowed.

Full report: Bailii

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

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)

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)

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)

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)

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)

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)

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)

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.

Moore v Moore [2009] EWCA Civ 1427 (21 October 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.

The full report may now be found here.

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

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)

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)

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)

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.

W-M (Children) [2009] EWCA Civ 1105 (8 October 2009)

Family Law Week report

Application for permission to appeal, with appeal to follow, final care orders. Application and appeal granted and matter remitted to the county court.

Re T (Wardship: Impact of Police Intelligence) [2009] EWHC 2440 (Fam) (7 October 2009)

Family Law Newswatch report

The police informed the court dealing with the father's contact application in respect of a ward of court that there was credible intelligence to the effect that the father had taken out a contract to have the mother murdered while at court, although they had taken the decision not to investigate the claim further; the police requested that this information not be disclosed to the father, his family or any of the family's representatives. A judgment was given describing the procedure adopted, and flagging up lessons to be learned.

S-B (Children) [2009] EWCA Civ 1048 (30 June 2009)

Family Law Week report

Appeal by mother against finding that she was a possible perpetrator of non-accidental injuries. Appeal dismissed.

S (A Child) [2009] EWCA Civ 1021 (30 July 2009)

Family Law Week report

Appeal concerning the habitual residence of a child removed by the father to Belgium. Appeal dismissed.

Re A (Residence Order) [2009] EWCA Civ 1141 (7 October 2009)

Family Law Newswatch report

Children resided with mother. In contact proceedings the Judge concluded that she could not rely on the mother, and made a residence order in the father's favour. The mother appealed. Appeal allowed - the transfer of residence was a weapon of very last resort.

The full report may now be found here.

S v S (Ancillary Relief: Application to Set Aside Order) [2009] EWHC 2377 (Fam) (1 October 2009)

Family Law Newswatch report

Application by wife to set aside ancillary relief order on the basis of misrepresentation or non-disclosure, mistake, and/or a Barder event, focusing on the increase in value of the husband's company since the hearing. Application refused.

ASB & Anor v MQS [2009] EWHC 2491 (Fam) (13 October 2009)

Bailii Report

Application to adopt Pakistani national - application opposed by Secretary of State for the Home Department - application granted.

Re K [2009] EWCA Civ 987 (23 July 2009)

Family Law Newswatch report

Care proceedings had been issued in relation to the three children because of serious injuries to the youngest child, and fatal injuries to a fourth sibling. Before the final hearing the prospect arose of rehabilitation of all three children to the father, on the basis that he would separate from the mother. The judge adjourned the hearing on the basis of an interim care order to the authority, and ordered the expert to prepare a further report. On the guardian's appeal none of the parties supported the judge's order. Held, the judge had fallen into error in his failure either to conclude the proceedings or to provide for a further hearing on the firm foundation of assessment.

[The full report of this case may now be found here.]

C v C [2009] EWHC 837 ( 27 April 2009)

Family Law Newswatch report

In her ancillary relief claim the wife was asserting that the husband had a beneficial interest in a range of properties, including the matrimonial home, whose titles were registered in the names of members of the husband's family and in the name of a company in which a family member had an interest. The wife had failed to make out her case. There had been no express statement of trust and there was no evidence that the money used in the acquisition and development of the disputed assets was the husband's money.

Kennedy v Kennedy [2009] EWCA Civ 986 (24 June 2009)

Family Law Newswatch report

Unmarried parents both British, but habitually resident in Spain; the two children, also British nationals, were born and registered in Spain. The mother removed the children to England; the father then sought the summary return of the children under the Hague Convention. A preliminary issue arose as to whether the father had rights of custody for the purposes of the Convention. The President of the Family Division concluded that the removal or retention of the children by the mother had been in breach of the father's rights of custody, because at the time of the children's removal the father had been exercising rights of parental control and custody under Spanish law. The appeal was dismissed. The President had adopted the correct approach at trial.

[A full report of this case may now be found here.]

CR v Local Authority and the Guardian [2009] EWCA Civ 1008 (07 October 2009)

Bailii Report

Care proceedings - application by mother for permission to appeal against order refusing permission to instruct an expert to carry out a risk assessment relating to her capacity safely to parent the child - permission granted and appeal allowed. The Court of Appeal also commented upon the need for close liaison between those responsible for care and criminal proceedings arising out of the same set of serious injuries suffered by young children, and upon the judge having apparently prejudged the outcome of the care proceedings.

S (A Child) [2009] EWCA Civ 993 (16 June 2009)

Family Law Week report

Appeal by mother against permission to register an order under Brussels II bis for return of her child to Milan involving issues around the correct appellate route in such cases. The Appeal was remitted to the High Court.

Marano v Marano [2009] EWCA Civ 967 (30 June 2009)

Family Law Week report

Application, by wife, for permission to appeal a lump sum order in the husband's favour where the value of his property investments had plummeted. Application granted.

B v R [2009] EWHC 2026 (Fam) (31 July 2009)

Family Law Newswatch report

French mother and the father lived together briefly in England and had a child together - mother returned to France with child, obtained French order for child maintenance, and then a Schedule 1 Children Act order for a lump sum and maintenance - father appealed - appeal allowed - under Schedule 1, para 14 of the 1989 Act, where one parent lived in England & Wales and the child lived outside England & Wales with the other parent, the court could make a periodical payments order, or a secured periodical payments order, but not a lump sum or a property adjustment order, and the maintenance order was in conflict with the French order.

Murphy v Murphy [2009] (Court of Appeal; 18 September 2009)

Family Law Newswatch report

Appeal by husband against ancillary relief order granting wife 65% of the assets. Appeal allowed, although the judge had been entitled to reject equality of division given the future earning capacity of both parties.

Grubb v Grubb [2009] EWCA Civ 976 (25 September 2009)

Bailii Report

Application by husband for permission to appeal against occupation order. Application refused.

I (A Child) [2009] EWCA Civ 965 (21 July 2009)

Family Law Week report

Appeal arising from a conclusion that the English courts did not have jurisdiction in a case involving contact between a mother and a child now in Pakistan: counsel used a novel argument that Brussels II Revised could apply outside of EU Member states. Appeal dismissed.

C (Children) [2009] EWCA Civ 959 (10 July 2009)

Family Law Week report

Appeal by mother against against a care order and related contact provisions concerning her two children. Appeal dismissed.

C (A Child) [2009] EWCA Civ 955 (3 August 2009)

Family Law Week report

Application by mother for permission to appeal, with appeal to follow, decision to discharge a care order against her 15 year old son. Application granted; appeal dismissed.

H (A Child), Re [2009] EWHC 2280 (Fam) (11 September 2009)

Bailii Report

Mother retained child in Spain - Spanish court refused order for return under Hague Convention - father invoked Articles 11 (6) and (7) of Brussels II Revised in this jurisdiction and now seeks contact order - mother not participated in English proceedings - Held, English court retains jurisdiction to make the order sought by the father - proceedings adjourned to enable mother to engage with the court, with an indication that the court is likely to make the order sought if she does not.

MGR (A Minor), Re [2009] EWCA Civ 942 (09 September 2009)

Bailii Report

Appeal by local authority against a refusal to find that, in relation to a child, the threshold set by s.31(2) of the Children Act 1989 for the making of a care order had been crossed. Appeal allowed: the threshold had been crossed and an interim care order was made.

Re L (a child): CA (Civ Div) (20 August 2009)

Law Gazette report

Appeal by child against order requiring her to submit to blood testing to assist in determining the paternity of her respondent younger brother. Appeal allowed.

R (On the application of Creed) v HMCS & Anor [2009] EWHC 3610 (Admin) (3 October 2008)

Family Law Week Report

Application for judicial review arising from liability order in child support. Application refused.

P (A Child) [2009] EWCA Civ 908 (7 July 2009)

Family Law Week report

Appeal by mother against finding of fact arising from contact proceedings. Appeal dismissed.

KSO v MJO & Anor [2009] EWHC 2152 (Fam) (10 August 2009)

Bailii Report

Order that wife pay costs of father-in-law - father-in-law obtained injunction freezing wife's share of proceeds of sale of former matrimonial home - wife applied for injunction to be discharged - application dismissed.

K v K [2009] EWHC 1876 (Fam) (25 June 2009)

Family Law Newswatch report

Wife Australian, husband English - wife issued divorce petition in England, basing jurisdiction on the husband's domicile of origin in England - court granted wife a certificate under the special procedure - husband applied for permission to apply out of time to set aside both the directions for trial under the special procedure and the certificate, and for wife's petition to be dismissed for want of jurisdiction - applications dismissed.

O (A Child) [2009] EWCA Civ 876 (29 January 2009)

Family Law Week report

Application by two prospective carers for permission to appeal, with appeal to follow, a local authority’s viability assessment. Application allowed but appeal dismissed.

Regina v K (Matrimionial proceedings: Privilege against self-incrimination) (28 July 2009)

Times Report

While information disclosed under compulsion in matrimonial ancillary relief proceedings was not admissible in criminal proceedings, admissions made in without prejudice negotiations were not inadmissible.

The full report may now be found here.

N (A Child) [2009] EWHC 2096 (Fam) (5-6 August 2009)

Family Law Week report

Judgment dealing principally with costs arising from contentious contact and residence litigation between unmarried parents.

P (R, on the application of) v London Borough of Croydon [2009] EWHC 1993 (Admin) (3 July 2009)

Family Law Week report

Application for judicial review concerning an age assessment report which found the applicant to be just over 17 years old. A review of the age assessment decision was ordered.

GC v LD & Ors [2009] EWHC 1942 (Fam) (24 July 2009)

Bailii Report

Child taken into care by one local authority - interim residence order made in favour of grandmother, who lives in the area of another local authority - steps taken towards the making of a special guardianship order in favour of grandmother. Question arose as to which local authority should be responsible for financial support for the child. Held, original local authority should be responsible until special guardianship order made, thereafter grandmother's local authority.

Williams v Bateman [2009] EWHC 1760 (Ch) (22 July 2009)

Family Law Newswatch

Bankruptcy order made against the husband - trustee applied for a declaration in respect of the interests in the property, and for an order for sale - judge made a declaration that the trustee had a 50% beneficial interest, with an order for sale - judge made certain deductions in the wife's favour, including £37,245.50 by way of equity of exoneration - wife appealed, arguing that the equity of exoneration figure should have been treated as a set-off against the trustee's interest in property, under Insolvency Act 1986, s 323(1) - appeal dismissed.

M v M [2009] EWHC 1941 (Fam) (29 July 2009)

Family Law Newswatch

Wife informed the court that she intended to apply for a transfer to her of the husband's shares in the company run by him. A few days before the hearing she abandoned this application and sought periodical payments. Her application for periodical payments was dismissed, and the husband sought an order that the wife pay half his costs. Held, this was a case in which an issue based costs order should be made. The wife was ordered to pay £175,000 of the husband's costs of about £916,000.

The full report can now be found on Bailii, here.

Heath v Heath & Anor [2009] EWHC 1908 (Ch) (24th July 2009)

Family Law Week report

Application by second wife for specific performance of an agreement with the deceased’s first wife (1st defendant) for the sale of her half share of the matrimonial home. The judge found that the agreement was not specifically enforceable but held that the claimant and 1st defendant now held the property in trust in equal shares.

MA & Ors (Children), Re [2009] EWCA Civ 853 (31 July 2009)

Bailii Report

Appeal by guardian against dismissal of care proceedings, as judge found that the s.31 threshold was not crossed. Appeal dismissed.

Hannan v Maxton [2009] EWCA Civ 773 (8 May 2009)

Family Law Newswatch

Cohabitee property dispute - woman's counter claim entirely successful, but court only awarded her costs in respect of part of the claim. Woman appealed. Appeal allowed.

Traversa v Freddi [2009] EWHC (30 April 2009)

Family Law Newswatch

Wife resided in Italy, husband in England. Wife issued divorce proceedings in Italy. Husband applied to the English court for leave to seek financial relief under Pt III. Held, the superior connection was with Italy, and therefore leave was refused.

Moore v Moore [2009] EWCA Civ 737 (17 March 2009)

Family Law Week Report

Application by wife security for costs arising out of ancillary relief proceedings. Application allowed.

N (A Child), Re [2009] EWHC 1807 (Fam) (17 July 2009)

Bailii Report

Father sought residence order - consent order made - father applied to alter consent order and remove the guardian - mother applied for s.91(14) order against both parents - applications dismissed.

D (A Child), Re [2009] EWCA Civ 754

Bailii Report

Contact application by father. Court found father to have harassed mother and adjourned application for 6 months so that the father could demonstrate that he could refrain from harassing the mother for that period. Father sought permission to appeal. Permission refused.

Hvorostovsky v Hvorostovsky [2009] EWCA Civ 791

Bailii Report

Application by wife to vary periodical payments - wife dissatisfied with award and appealed - appeal allowed, primarily because of husband's greatly increased income, and periodical payments increased.

Slade v Slade [2009] EWCA Civ 748

Bailii Report

Wife's appeal against order for her committal for contempt - appeal allowed and sentences reduced from 21 months to six months.

L-A (Children) Case No: B4/2009/1297

Family Law Week Report

Appeal by local authority against refusal to allow removal of children from their home in care proceedings arising out of alleged chronic neglect. Appeal allowed and matter sent for retrial.

Child X (Residence and Contact – Rights of media attendance – FPR Rule 10.28(4)) [2009] EWHC 1728 (Fam)

Family Law Week Report

Judgment concerning media access to contact proceedings involving celebrities. The existing order excluding the media was upheld.

Jones v Kernott [2009] EWHC 1713 (Ch)

Family Law Newswatch Report

Unmarried couple purchased property in joint names - woman brought claim under TLATA - at first instance the court held that she was entitled to 90% of the value of the property, on the basis that this was fair and just - man appealed - held that there was evidence of conduct from which it was right to conclude that the parties had intended their respective equal shares to alter following the man's departure, but none to indicate how. The only available criterion by which to assess the extent of the alteration was what was objectively fair, and the only judge of that was the court. The first instance judge's attribution of 90% to the woman was justifiable.#

(A full report can now be found here.)

Brisset v Brisset [2009] EWCA Civ 679

Bailii Report

Appeal by husband against lump sum order. The wife had a lower income during the period since the separation, which she had made up from her capital. The husband claimed that the district judge had been guilty of double-counting, in that he had shared the currently held assets but also awarded the wife an additional lump sum in respect the capital that she had used since the separation. The Court of Appeal agreed, and reduced the lump sum.

N (A Child), Re [2009] EWHC 1663 (Fam)

Bailii Report

Application by father in respect of the proposed disclosure to the General Medical Council of an expert report produced in the course of and for the purposes of proceedings in relation to a child - held, father entitled to make disclosure under rule 11.4(1)(c) Part XI Family Proceedings Rules 1991, and therefore no order made.

London Borough of Brent v S [2009] EWHC 1593 (Fam)

Family Law Week Report

Judgment arising from application for an injunction by local authority to prevent a child in their care from travelling to Pakistan to find his remaining family. The injunction was lifted.

A Local Authority v A Mother & Ors [2009] EWHC 1574 (Fam)

Bailii Report

Care proceedings - application for a direction not to disclose information regarding the mother's alleged behaviour to the father as it may put the mother's safety and even life in danger for having 'dishonoured' the family - Held, consequences of disclosure for the mother were not of the nature or degree that would justify non-disclosure. Disclosure to the father was therefore directed.

DS v RS [2009] EWHC 1594 (Fam)

Bailii Report

Application by mother for leave to take child to India to attend family wedding - leave granted, subject to undertakings by mother.

SS v KS [2009] EWHC 1575 (Fam)

Bailii Report

Contact application by father - mother made allegations of violence by father - fact-finding hearing adjourned part heard - judge made an order for interim supervised contact - mother appealed - appeal dismissed.

Radmacher v Granatino [2009] EWCA Civ 649

Family Law Week Report

Appeal by wife against an award in ancillary relief proceedings where the couple, both born overseas, had signed a pre-nuptial agreement in Germany. Appeal allowed.

W (Children), Re [2009] EWCA Civ 644

Bailii Report

Care proceedings - allegation that father raped child - simultaneous criminal and care proceedings - judge made finding of rape in care proceedings, but father acquitted in criminal proceedings - father appealed judge's findings of rape - appeal dismissed.

S v S & S [2009] EWHC 1494 (Fam)

Family Law Week Report

Judgment in application by father for summary return of a child under the Hague Convention. The application was refused.

Thomson v Humphrey [2009]

Family Law Newswatch Report

The man and woman were in a relationship. The man purchased the property in which the woman was then living. Subsequently the woman went to live with the man. The original property was sold and a new property was purchased; the woman and the man cohabited in this new property. When the relationship eventually broke down, the woman asserted a beneficial interest in the property. The question for the court was whether the purchase of the original property meant that the woman was beneficially entitled to the proceeds of sale. There was a very high burden of proof in such cases, and the evidence relied on by the woman did not establish that she had acquired a beneficial interest in either the original or the new property.

C v C (Ancillary Relief: Trust Fund) [2009] EWHC 1491 (Fam)

Family Law Newswatch Report

The husband had an interest in a trust fund. The money had been left in trust by the husband's father to his widow for life, and on her death to four children, including the husband, as tenants in common in equal shares. The trustees were to pay the income to the widow during her lifetime and had power to advance capital to the widow as they saw fit, regarding only her well being and disregarding the interests of other beneficiaries. The issue for the court was whether, and if so to what extent, the husband's interest under the trust was a ' financial resource' that he 'has or is likely to have in the foreseeable future', within Matrimonial Causes Act 1973, s 25(2)(a). Held, it was a resource that he was 'likely to have in the foreseeable future' within s 25(2)(a) of the 1973 Act.

Walkden v Walkden [2009] EWCA Civ 627

Bailii Report

Appeal by husband against order granting leave to reopen an ancillary relief order made on the grounds of a supervening Barder event, i.e. the substantial increase in the value of the husband's shareholding. Appeal allowed.

F v F (Divorce: Jurisdiction) [2009] EWHC 1448 (Fam)

Family Law Week Report

Wife issued divorce proceedings in England - husband issued divorce proceedings in Egypt - held that English court had jurisdiction on basis of wife's domicile - husband appealed - appeal dismissed.

P and P (Children), Re [2009] EWCA Civ 610

P and P (Children), Re [2009] EWCA Civ 610

Appeal by local authority against case management decision made in care proceedings whereby the judge refused to permit the instruction of a paediatric pathologist to review the post-mortem carried out on the father's child by a previous relationship - appeal allowed.

Spencer v Spencer [2009] EWHC 1529 (Fam)

Spencer v Spencer [2009] EWHC 1529 (Fam)

Application for order excluding media from ancillary relief hearing - application refused.

In re P-J (Children) (Abduction: Consent) [2009] EWCA Civ 588; [2009] WLR (D) 207

In re P-J (Children) (Abduction: Consent)[2009] EWCA Civ 588; [2009] WLR (D) 207

CHILDREN — Custody rights — Breach — Children habitually resident in Spain — Mother removing children to Wales — Whether father “consenting” to removal for purposes of Hague Convention — Child Abduction and Custody Act 1985, Sch 1, art 13(a)

[See also here.]

Re H (Care Proceedings: Disclosure) [2009] EWCA Civ 704

Re H (Care Proceedings: Disclosure) [2009] EWCA Civ 704

The police, supported by the local authority, applied for disclosure of certain documents in the care proceedings, to assist with a criminal investigation into the injuries to the third child. The judge refused disclosure. The case was to be remitted to the county court for further consideration pursuant to the now-applicable rules.

McFarlane v McFarlane [2009] EWHC 891 (Fam)

McFarlane v McFarlane [2009] EWHC 891 (Fam)

Judgment arising from application to vary and extend or capitalise periodical payments in case involving high income couple and compensation.

Lewis v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448

Lewis v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448

Husband was made bankrupt and his half-interest in the matrimonial home vested in the bankruptcy trustees - husband and wife applied to the court, claiming that the trustees had failed to 'realise' the interest in the property within 3 years under Insolvency Act 1986, s 283A, and that the interest in the property had therefore reverted to the husband - appeal allowed.

B (A Child), Re [2009] EWCA Civ 545

B (A Child), Re [2009] EWCA Civ 545

Family Proceedings Court made residence order in favour of maternal grandmother - father appealed - High Court reversed decision and made residence order in favour of father - maternal grandmother appealed - Court of Appeal found that judge was not plainly wrong and therefore dismissed the appeal.

Hudson v Leigh [2009] EWHC 1306 (Fam)

Hudson v Leigh [2009] EWHC 1306 (Fam)

Religious ceremony in South Africa did not create a legal marriage as certain formalities were omitted and it was not intended by either of the parties or the officiating official that it would be a legally binding ceremony.

D (Children) [2009] EWCA Civ 472

D (Children) [2009] EWCA Civ 472

Appeal by father against findings of fact in care proceedings also involving consideration of the proper approach to fact finding hearing following Re B [2008] UKHL35. Appeal allowed.

In re D (Children) (Care Proceedings: Preliminary Hearing) [2009] EWCA Civ 472 [2009] WLR (D) 175

In re D (Children) (Care Proceedings: Preliminary Hearing) [2009] EWCA Civ 472; ; [2009] WLR (D) 175

CHILDREN — Care proceedings — Threshold conditions — Children suffering injuries perpetrated by either mother or father — Preliminary hearing to determine facts — Whether judge required to identify perpetrator as one or other parent — Whether same judge to hear remainder of case

NH v A County Council & Ors [2009] EWCA Civ 472

NH v A County Council & Ors [2009] EWCA Civ 472

Father of two children appealed against findings of fact that he was the perpetrator of injuries suffered by both children and that the mother could be excluded as a perpetrator. Appeal allowed, finding set aside and substituted with finding that neither parent can be excluded as possible perpetrators of the injuries to either child.

C v T [2009] EWHC

C v T [2009] EWHC

Wife sought to enforce post-nuptial settlement whereby she was to retain most of the assets - husband convicted of sexually assaulting grandchildren - either on the basis of the settlement or the court's discretion under MCA s.25 (including the husband's conduct), no further financial provision was to be made for the husband.

Y v Q & Anor [2009] EWHC B9 (Fam)

Y v Q & Anor [2009] EWHC B9 (Fam)

Child living in Pakistan - mother in England sought to vary contact - Held, there was no jurisdiction to entertain mother's applications as the habitual residence condition in Children Act 1989, s.3 was not satisfied and there was no extant contact order that the mother could seek to vary.

R (A Child), Re [2009] EWCA Civ 445

R (A Child), Re [2009] EWCA Civ 445

Appeal by mother against residence order made in favour of father - Appeal allowed, by 2 to 1 majority - judge had erred by not giving proper weight to the child's wishes and failing to hear from the CAFCASS officer before departing from her recommendation.

A (Children) [2009] EWCA Civ 676

A (Children) [2009] EWCA Civ 676

Application by wife for permission to appeal, out of time, an order in ancillary relief proceedings for a transfer of property. Application refused

Everitt v Budhram (A Bankrupt) [2009] EWHC (Ch)

Everitt v Budhram (A Bankrupt) [2009] EWHC (Ch)

Husband and wife both bankrupt - trustee sought order for sale of matrimonial home - taking into account the needs of the wife, the deputy district judge refused the trustee's application - trustee appealed, arguing that the needs of the wife ought not to have been taken into account - Held, the deputy district judge had fallen into error in taking into account the needs of the relevant bankrupt, the wife.

Hems v Clemans [2009] EWCA Civ 672

Hems v Clemans [2009] EWCA Civ 672

Application for permission to appeal, with appeal to follow, order concerning enforcement in ancillary relief proceedings. Application granted and matter remitted back to county court.

Ngwu v Ngwu [2009] EWCA Civ 675

Ngwu v Ngwu [2009] EWCA Civ 675

Second appeal by wife against an order in ancillary relief proceedings where she had been found liable to a substantial part of the husband’s costs. Appeal dismissed.

TW v Secretary of State for Work and Pensions [2009] UKUT 91 (AAC)

TW v Secretary of State for Work and Pensions [2009] UKUT 91 (AAC)

Child support - variation/departure directions: lifestyle inconsistent

Stedman, Re [2009] EWHC 935 (Fam)

Stedman, Re [2009] EWHC 935 (Fam)

The Alfie Patten case. Application by Local Authority for the continuation and extension of a reporting restriction order - application refused.

Burgess v Stokes [2009] EWCA Civ 548

Burgess v Stokes [2009] EWCA Civ 548

Appeal by mother against committal order arising from contact proceedings. Appeal allowed.

B v S [2009] EWCA Civ 548

B v S [2009] EWCA Civ 548

Mother sentenced to imprisonment for three contempts of court, including her refusal to comply with two contact orders - judge assumed that the mother's 3-month-old baby from a different relationship would be able to reside with the mother in prison - prison authorities required 28 days notice to make arrangements for the baby - mother appealed - held, the baby's right to respect for family life had been breached by the judge, and therefore the appeal was allowed - court directed a further hearing before the original judge after 28 days.

Leake v Goldsmith [2009] EWHC 988 (Fam)

Leake v Goldsmith [2009] EWHC 988 (Fam)

Application for pronouncement of a decree nisi of divorce - decree pronounced under wrong suit due to court error - decree set aside and fresh decree pronounced under correct suit.

CP v AR & Anor [2009] EWCA Civ 358

CP v AR & Anor [2009] EWCA Civ 358

Highly acrimonious residence application - judge found that it was no longer possible for the parents and the child to work together, so made a residence order in favour of the paternal grandparents - mother appealed - appeal granted but Court of Appeal gave warning to the parents of the serious harm that their actions were causing to their child.

Bath & North East Somerset Council v A and B (Publication) [2009] EWHC B11 (Fam)

Bath & North East Somerset Council v A and B (Publication) [2009] EWHC B11 (Fam)

Care proceedings - serious failings by local authority - family sought full disclosure - Held, publicity was essential in the extraordinary background of this case; there were lessons to be learned for the future and other aggrieved persons might come forward.

Brittain v Haghigat [2009] EWHC 934 (Ch)

Brittain v Haghigat [2009] EWHC 934 (Ch)

Application for a rehearing in bankruptcy proceedings where the applicant claimed that the judge had been “tricked” into error when making orders concerning the matrimonial home. Application refused.

Qayyum v Hameed & Anor [2009] EWCA Civ 352

Qayyum v Hameed & Anor [2009] EWCA Civ 352

Property purchased in joint names of husband and wife - by a deed dated 12 July 1991 husband declared that he held his interest in the Property on trust for wife absolutely; and he covenanted to execute a transfer of his interest in the Property into wife's sole name, or to whom she might direct, when called upon by her to do so - husband's creditor obtained charging order against husband's interest - creditor applied pursuant to section 14 Trusts of Land and Appointment of Trustees Act 1996 for an order for sale of the Property - judge declaring that the property was held by husband and wife in equal shares - wife appealed - appeal dismissed.

C (A Child) [2009] EWCA Civ 674

C (A Child) [2009] EWCA Civ 674

Application by mother for permission to appeal, with appeal to follow, refusal of application for unsupervised contact and imposition of a s91(14) order. Appeal allowed in part with the s 91(14) order set aside.

M (A Child) [2009] EWCA Civ 311

M (A Child) [2009] EWCA Civ 311

Application by father for permission to appeal costs arising from contact proceedings. Application refused.

A (A Child), Re [2009] EWHC 865 (Fam)

A (A Child), Re [2009] EWHC 865 (Fam)

It is a cardinal principle of the Children Act 1989 ... that once a care order has been made ... it is for the local authority, and not the court, to decide how to meet its parental responsibilities for the child. The decision-making power as to the care, residence and general welfare of the child is vested in the local authority, not in the court ... the local authority ... submits that the ... Family Proceedings Court fell into error and offended against this principle when it made the order ... which is the subject of this appeal. Those who are concerned to uphold the decision of the Justices dispute this contention; they assert that the Justices acted lawfully and in accordance with principle and that their decision is not to be impeached ... I agree with the respondents. It follows that this appeal must be dismissed.

A (A Child), Re [2009] EWHC 865 (Fam)

A (A Child), Re [2009] EWHC 865 (Fam)

Appeal by local authority against an order in care proceedings where was alleged that the FPC had interfered with the local authority’s decision making in relation to parental responsibility. Appeal dismissed.

Hashem v Shayif & Anor [2009] EWHC 864 (Fam)

Hashem v Shayif & Anor [2009] EWHC 864 (Fam)

Ancillary relief and Chancery proceedings - company owned by husband and children -
company and children took action against wife - wife succeeded in ancillary relief claim but not against company and children - issue of costs - wife ordered to pay children's costs and 90% of company's costs.

Felbab v Serbia (No 14011/07)

Felbab v Serbia (No 14011/07)

"... the father complained to the ECHR that the Serbian authorities, in failing to enforce the contact order, had breached his right to a fair hearing within a reasonable time, under Art 6, and his right to respect for family life, under Art 8 - the Serbian court had failed to take sufficient steps to execute the contact order, and there had been a breach of Art 6. Also, the Serbian authorities had failed to do everything in their power that could reasonably have been expected of them to support the father's rights under Art 8."

A v Payne and Williams; A v G and N [2009] EWHC 736 (Fam)

A v Payne and Williams; A v G and N [2009] EWHC 736 (Fam)

Guardian sent copies of 4 expert reports to therapy centre at which both parties were ordered to attend, without approval of the court - father sought committal of guardian for contempt - contempt had been established - guardian failed to understand FPR r.10.20A

G v G [2009]

G v G [2009]

Proceedings under Children Act 1989, Schedule 1 - mother applied for interim periodical payments order, to include legal costs - father argued that the court did not have jurisdiction to include legal costs - held, the court did have jurisdiction to make such an order.

Z (Children) [2009] EWCA Civ 430

Z (Children) [2009] EWCA Civ 430

Application by mother for permission to appeal, with appeal to follow, an order for unsupervised contact by their father to her two youngest children. Application and appeal allowed.

CH v RN & Ors [2009] EWHC 640 (Fam)

CH v RN & Ors [2009] EWHC 640 (Fam)

Residence order in favour of father - mother failed to return child to father at end of contact, and removed him to India, in breach of Children Act order - mother in contempt - writ of sequestration issued directing Sequestrators to pay father's solicitors £25,000 to be used in the furtherance of his efforts to recover the child from India, and for the payment of the his solicitors' costs out of sequestered assets - Sequestrators took possession of bank accounts and a property in the name of the mother - mother subsequently returned child - question arose as to whether writ had been executed within 12 months, in which case it required renewal - Held, it was executed either when child returned to this country and the father (thus rectifying breach of order), or when Sequestrators took possession of mother's assets - writ did not therefore require renewal.

Moore v Moore [2009] EWCA Civ 433

Moore v Moore [2009] EWCA Civ 433

Application by husband in ancillary relief proceedings seeking to vary an order that required security for costs before an application for permission to appeal would be considered. The deadline for providing security was extended.

Proceedings brought by A (Case C-523/07); [2009] WLR (D) 129

Proceedings brought by A (Case C-523/07); [2009] WLR (D) 129

EUROPEAN COMMUNITY — Children — Care proceedings — Jurisdiction — Courts of state where child habitually resident having jurisdiction in matters of parental responsibility — Whether decision to take child into case “civil matter” — Meaning of “habitual residence” — Extent of jurisdiction of courts in another member state to take protective measures — Council Regulation (EC) No 2201/2003, arts 1(1), 8(1), 20(1)

A (Area of Freedom, Security and Justice) (Case C-523/07)

A (Area of Freedom, Security and Justice) (Case C-523/07)

The Finnish court referred four questions to the European Court of Justice for a preliminary ruling: whether or not Brussels II Revised applied to the decision to take the children into care; on the interpretation of habitual residence; on the conditions in which a member state could take an urgent protective measure under Art 20(1); and concerning the approach a member state without jurisdiction ought to take in such a case.

Myerson v Myerson [2009] EWCA Civ 282

Myerson v Myerson [2009] EWCA Civ 282

Husband appealed ancillary relief consent order, asserting that "forces within the global economy" and the collapse in the price of his shares constituted a Barder event, which had rendered the order both unfair and unworkable - appeal dismissed on the grounds, inter alia, that the case-law does not suggest that the natural processes of price fluctuation, however dramatic, fall within the Barder principle.

Re B (Contact: Appointment of Guardian) [2009] EWCA

Re B (Contact: Appointment of Guardian) [2009] EWCA

The judge rejected the father's application for the appointment of NYAS to replace the guardian. The father's appeal was dismissed. Given the long period during which the existing guardian had been involved in the case, and the potential effect on the child of replacement, the judge had been entitled to refuse to replace the guardian.

AAA v ASH [2009] EWHC 636 (Fam)

AAA v ASH [2009] EWHC 636 (Fam)

Judgment concerning whether a father had custody rights under the Hague Convention for the purposes of determining whether to order summary return of a child.

TPC v JMJ [2009] EWHC 638 (Fam)

TPC v JMJ [2009] EWHC 638 (Fam)

Mother removed children from Spain to Wales - father sought summary return under Hague Convention - mother argued children habitually resident in England and Wales - Held, children had at no stage ceased to be habitually resident in Spain - where both parents had equal rights of custody, neither could unilaterally change the habitual residence of the child.

R (on the application of G) v London Borough of Southwark [2009] UKHL 26

R (on the application of G) v London Borough of Southwark [2009] UKHL 26

Appeal against a majority decision of the Court of Appeal that a local authority can arrange for a child in need to be accommodated under Part VII of the Children Act 1989 rather than under s20 of the Children Act 1989. Appeal allowed.

Equity Solicitors v Javid [2009] EWCA Civ 535

Equity Solicitors v Javid [2009] EWCA Civ 535

Appeal by firm of solicitors against wasted costs order arising from divorce proceedings. Appeal allowed.

W (A Child) [2009] EWCA Civ 538

W (A Child) [2009] EWCA Civ 538

Application for permission to appeal by parents against orders arising in adoption proceedings where the child was removed from them shortly after birth as a result of a finding against the father involving non-accidental injury to a child of a previous relationship. Application refused.

In re B (Minors) (Contact order: Enforcement)

In re B (Minors) (Contact order: Enforcement)

Where a local authority was in breach of a contact order, it was enforceable by committal for contempt of court.

Chopra v Bindra [2009] EWCA Civ 203

Chopra v Bindra [2009] EWCA Civ 203

Declaration of trust divided the interest 75% to the husband and 25% to his sister [and] provided that on the death of either before the sale of the property the survivor was to become entitled to the proceeds of the property absolutely - husband died - judge awarded the property to the sister and the wife appealed - appeal dismissed

F (A Child) [2009] EWCA Civ 416

F (A Child) [2009] EWCA Civ 416

Application for permission to appeal, with appeal to follow, by father against a refusal to order summary return of a child under the Hague Convention and Brussels II Revised. Application refused.

Re C (Adoption: Best Interests of Child) [2009] EWHC 499 (Fam)

Re C (Adoption: Best Interests of Child) [2009] EWHC 499 (Fam)

Family proceedings court made a care order and an adoption placement order - father appealed, claiming that justices had focused on claims about his alcohol misuse and violence without sufficient regard for the evidence before the court - appeal dismissed - justices had, as required, conducted a balancing exercise as to what was in the child's best interests

Paulin v Paulin & Anor [2009] EWCA Civ 221

Paulin v Paulin & Anor [2009] EWCA Civ 221

Husband applied for bankruptcy order to defeat wife's ancillary relief claim - bankruptcy order annulled by divorce court - husband appealed - appeal dismissed.

A Minor (Family Proceedings: Electronic Tagging), Re [2009] EWHC 710 (Fam)

A Minor (Family Proceedings: Electronic Tagging), Re [2009] EWHC 710 (Fam)

Judgment concerning the use of electronic tagging to allow contact where the mother has twice wrongfully removed the child to her country of origin. Contains specimen order.

G v G [2009] EWHC 494 (Fam)

G v G [2009] EWHC 494 (Fam)

"Following a relatively short marriage, involving cohabitation for over 7 years, with one child, the couple separated and the wife sought ancillary relief - If [the assets] derived from pre-marriage acquisition or gift, or from intra-marriage gift or inheritance, then, subject to needs requirements, fairness might dictate that they be left wholly or partially out of the dividing exercise."

AM v Local Authority & Anor [2009] EWCA Civ 205

AM v Local Authority & Anor [2009] EWCA Civ 205

Children of Muslim family - care order - children placed with non-Muslim couple - father sought permission to appeal against care order, contesting that children should live with him or, failing that, with foster carers who were an appropriate cultural and religious match, and that he should have regular contact with them - father also submitted that judge did not have sufficient information to make final order - permission to appeal refused, as "the conclusions reached by the judge are impregnable"

Re X; Northumberland County Council v Z, Y, X and the Government of the Republic of Kenya [2009] EWHC 498 (Fam)

Re X; Northumberland County Council v Z, Y, X and the Government of the Republic of Kenya [2009] EWHC 498 (Fam)

British couple brought [Kenyan] child to the UK using [false documents] - local authority[initiated] care proceedings - Kenyan government ... joined as a party - the child was subsequently returned to Kenya, and adopted there. The local authority was now seeking permission to disclose the judgment in the case to the police and immigration authorities, with a view to safeguarding against other children entering the UK unlawfully, and to assist investigation into whether or not the couple should be charged with any offence. The government of Kenya ... was seeking permission for the disclosure of various documents - Disclosure would be granted in both cases.

Re N (Payments for Benefit of Child: Costs) [2009] EWHC 484 (Fam)

Re N (Payments for Benefit of Child: Costs) [2009] EWHC 484 (Fam)

Father applied to the Court of Appeal for permission to appeal the substantive decision from the Court of Appeal, and argued before the judge that the costs hearing should be adjourned until after the hearing of this appeal" - Held: "The decision on the costs to date had nothing to do with the appeal proceedings and could not be affected by the outcome of the appeal.

R (JL) v Islington London Borough Council [2009] EWHC 458 (Admin)

R (JL) v Islington London Borough Council [2009] EWHC 458 (Admin)

- The use of eligibility criteria in determining provision for children.

Horne v Horne [2009] EWCA Civ 487

Horne v Horne [2009] EWCA Civ 487

Ancillary relief - order aimed at equality - husband retained family business and wife had matrimonial home plus a lump sum - business affected by economic decline and husband succeeded in Barder appeal - wife appealed - Court of Appeal found that there had been procedural irregularities and that the change in value of the business did not fall within Barder principles - accordingly, the appeal was allowed.

H (A Child) [2009] EWCA Civ 334

H (A Child) [2009] EWCA Civ 334

Application by step-father for permission to appeal findings of fact in care proceedings relating to allegations of sexual abuse on his step-daughter. Applications refused.

MM, R (on the application of) v London Borough of Lewisham [2009] EWHC 416

MM, R (on the application of) v London Borough of Lewisham [2009] EWHC 416

Duty of local children's services authorities when making an assessment as to whether a child brought to their attention is a "child in need" under section 17 of the Children Act 1989 - Local Authority concluded that the child did not meet the statutory criteria - Held that assessment was flawed and child should have been accommodated under section 20 Children Act.

Truex v Toll [2009] EWHC 396 (Ch)

Truex v Toll [2009] EWHC 396 (Ch)

Appeal against bankruptcy order arising from a dispute over costs in ancillary relief proceedings. Appeal allowed.

X and Y v Warwickshire County Council and B [2009] EWHC 47 (Fam)

X and Y v Warwickshire County Council and B [2009] EWHC 47 (Fam)

Adoption orders were granted in respect of four children, subject to an order providing for indirect contact between the father and the children. The adopters appealed. The local authority and father conceded that the appeal must succeed because of a procedural error, but a large number of other procedural errors had been identified.

EW & BW v Nottinghamshire County Council [2009] EWHC 915 (Admin)

EW & BW v Nottinghamshire County Council [2009] EWHC 915 (Admin)

Application for judicial review arising from alleged failure of a local authority to provide properly drafted core assessments of children in need. Application refused.

Bokor-Ingram v Bokor-Ingram [2009] EWCA Civ 412

Bokor-Ingram v Bokor-Ingram [2009] EWCA Civ 412

Judgment in ancillary relief proceedings arising from a refusal of permission to appeal where the wife was seeking to set aside a consent order because of the husband’s non-disclosure.

Bury Metropolitan Borough Council v D [2009] EWHC 446

Bury Metropolitan Borough Council v D [2009] EWHC 446

Unborn child - mother in prison - local authority planned that the child should be removed from the mother immediately at birth and thereafter for the making of a full care order and adoption - whether it is lawful for the local authority to conceal from the mother and her partner the nature of its birth plan - declaration made that the local authority's proposed course of conduct is lawful.

F (A Child) [2009] EWCA Civ 313

F (A Child) [2009] EWCA Civ 313

Appeal by mother against order, in contact and shared residence proceedings, that her children should be returned to live in the city where they had grown up with the father. Appeal dismissed

Local Authority v HP & Anor [2009] EWCA Civ 143

Local Authority v HP & Anor [2009] EWCA Civ 143

"does a judge sitting in the county court have the power to attach to a contact order made in public law proceedings under section 34 of the Children Act 1989 a penal notice addressed to the local authority stating that if the order is not obeyed, the local authority will be in contempt of court and the officer responsible for the implementation of the order – alternatively the Head of Children's Services- may be sent to prison?"

In re B (Minors) (Contact Order: Enforcement); [2009] WLR (D) 73

In re B (Minors) (Contact Order: Enforcement); [2009] WLR (D) 73

CHILDREN — Orders with respect to children — Contact order — Child in interim care of local authority and living with foster parents — Order to maintain contact with stepfather and half brother — Guardian not complying with order — Whether contact order enforceable by committal — Whether local authority in contempt of court if order not obeyed — Whether circuit judge needing to assume powers of High Court judge — Whether jurisdiction to attach penal notice to order — Children Act 1989, s 34 — Family Proceedings Rules 1991, r 4.21A (as substituted by Family Proceedings (Amendment) (No 5) Rules, r 88) — CPR, Sch 2, CCR Ord 29, r 1

Wincott v Secretary of State for Work and Pensions [2009] EWCA Civ 113

Wincott v Secretary of State for Work and Pensions [2009] EWCA Civ 113

Child support: The application of reg 19(1A) [of the Child Support (Variations) Regulations 2000] to dividend income received prior to the commencement date of the regulation did not offend the principle against the retrospective application of legislation.

B & H (Children) [2009] EWCA Civ 228

B & H (Children) [2009] EWCA Civ 228

Application for permission to appeal findings of fact in care proceedings brought by a social services team manager after allegations were made about her working practices in the course of the proceedings. Application refused.

Blooman v Blooman [2009] EWCA Civ 109

Blooman v Blooman [2009] EWCA Civ 109

Application for permission to appeal against ancillary relief order - consideration given to a number of matters, including whether there had been a binding agreement and whether there had been a Barder event - no grounds for appeal found and application refused.

W-P (Children) [2009] EWCA Civ 216

W-P (Children) [2009] EWCA Civ 216

Appeal by local authority against finding of fact in care proceedings. Appeal allowed and sent for rehearing.

Stodgell v Stodgell [2009] EWCA Civ 243

Stodgell v Stodgell [2009] EWCA Civ 243

Application for permission to appeal order that the wife’s ancillary relief claim cannot proceed until a confiscation order arising from tax offences has been discharged. Permission refused.

W (Children) [2009] EWCA Civ 59

W (Children) [2009] EWCA Civ 59

Application for permission to appeal, out of time, adoption orders made on the basis of medical evidence later found to be flawed. Application dismissed.

Re H (Abduction) [2009] EWHC

Re H (Abduction) [2009] EWHC

"Given the truly grave nature of the case, the children would not be summarily returned under the Convention."

R (Liverpool City Council) v Hillingdon London Borough Council [2009] EWCA Civ 43; [2009] WLR (D) 45

R (Liverpool City Council) v Hillingdon London Borough Council [2009] EWCA Civ 43; [2009] WLR (D) 45

CHILDREN — Children in need — Welfare services — Child asylum seeker requiring accommodation — Local authority sending child to another authority without properly assessing welfare needs — Extent of local authority’s duty to support child — Children Act 1989, s 20(1)(6)

N-F (children) [2009] EWCA Civ 274

N-F (children) [2009] EWCA Civ 274

Application by local authority for permission to appeal, with appeal to follow, decision to grant supervision orders rather than interim care orders for two children, where two siblings had been made subject to care orders. Application granted, appeal dismissed.

Harrison v Harrison

Harrison v Harrison

Ancillary relief proceedings - wife's junior counsel obtained a freezing order against the husband's assets, without notice - order set aside, and the wife agreed to pay the husband's costs - husband then issued wasted costs proceedings against the wife's junior counsel - application dismissed

A (A Child), Re [2009] EWCA Civ 41

A (A Child), Re [2009] EWCA Civ 41

Child in care- parents agree that she cannot return to live with them - paternal uncle and aunt in USA willing to adopt - local authority would like to assess them but they are unable to come to England for the 10 weeks specified in section 84(4) of the Adoption and Children Act 2002 - local authority applied to the judge for his approval of its proposal to arrange for child to live with them on an extended visit - judge refused - local authority appealed - appeal allowed.

Holmes-Moorhouse v LB Richmond upon Thames [2009] UKHL 7

Holmes-Moorhouse v LB Richmond upon Thames [2009] UKHL 7

Concerned whether a shared residence order under s.8 Children Act 1989 meant that a child was ‘reasonably expected’ to be resident with both parents following a divorce, for the purposes of s.189(1)(b) Housing Act 1996, so as to confer priority need in a homeless application.

F & L v A Local Authority and A [2009] EWHC 140 (Fam)

F & L v A Local Authority and A [2009] EWHC 140 (Fam)

Father's older child taken into care on basis of non-accidental head injury - father's child by second marriage taken into care and placed for adoption on the basis of the original findings in respect of the older child - father denied responsibility for injury and obtained a medical report suggesting that the injury had had natural causes - local authority obtained opinion from an experienced paediatric neuroradiologist, which confirmed the non-accidental diagnosis - Held, burden was on the father to show that the original finding was wrong, but the court found that the local authority expert was right, on the balance of probabilities.

T (A Child) [2009] EWCA Civ 20

T (A Child) [2009] EWCA Civ 20

Application for permission to appeal, with appeal to follow, refusal to allow a mother relocate to Somerset from London in a case involving a shared residence order for the couple’s daughter. Permission granted but appeal dismissed.

Re W (Leave to Remove) [2009] EWCA Civ 160

Re W (Leave to Remove) [2009] EWCA Civ 160

The judge refused the mother permission to relocate to New Zealand with the children - judge formed an unfavourable impression of both the mother and her new partner, and formed a favourable impression of the father - judge's decision was one that had been entitled to reach. The impression that the witnesses had made on the judge had been crucial.

M (A Child) [2009] EWCA Civ 315

M (A Child) [2009] EWCA Civ 315

Application for permission to appeal, with appeal to follow, by mother against case management decision not to investigate the possibility of a further residential assessment where she was herself a minor and the application was proposed by the Official Solicitor. Appeal allowed.

Agbaje v Agbaje [2009] EWCA Civ 1

Agbaje v Agbaje [2009] EWCA Civ 1

Wife applied for and obtained financial relief after an overseas divorce in Nigeria - Husband appealed - Appeal allowed, on basis that Nigeria, not England, is the "natural and appropriate forum for the resolution of the wife's claims".

G v A [2009] EWHC 11 (Fam)

G v A [2009] EWHC 11 (Fam)

Schedule 1 Children Act proceedings - "District Judge erred in principle in directing that the property was to be settled until [the child] reached the age of 21 ... "special" or "exceptional" cases apart, any capital settlement under Schedule 1 should be expressed as terminating upon the child attaining the age of eighteen or completing tertiary education."

Mirza & Anor v Mirza & Ors [2009] EWHC 3 (Ch)

Mirza & Anor v Mirza & Ors [2009] EWHC 3 (Ch)

Dispute over the beneficial ownership of the matrimonial home. Held that it belonged to the husband's brother, who was entitled to a declaration that he was the sole beneficial owner of the property, and to a possession order, postponed by consent for 6 weeks.

Myerson v Myerson [2009] EWCA Civ 282

Myerson v Myerson [2009] EWCA Civ 282

Appeal by husband against an order in ancillary relief proceedings on the ground that a fall in the value of shares undermined the basis of the order and represented a Barder event. Appeal dismissed.

C (A Child) [2009] EWCA Civ 72

C (A Child) [2009] EWCA Civ 72

Appeal by guardian against decision to place a child with his paternal grandmother rather than for adoption. Appeal dismissed.