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