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.