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.
Leicestershire County Council v KC & Ors [2009] EWHC 1383 (Fam)
Leicestershire County Council v KC & Ors [2009] EWHC 1383 (Fam)
Judgment arising from fact finding in potential care proceedings.
Judgment arising from fact finding in potential care proceedings.
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.
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.
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.
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".
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."
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.
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.
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.
Appeal by guardian against decision to place a child with his paternal grandmother rather than for adoption. Appeal dismissed.
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