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.