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.
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
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.
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.
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.
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
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.
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.
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.
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.
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.
Subscribe to:
Posts (Atom)