CP v AR & Anor [2009] EWCA Civ 358

CP v AR & Anor [2009] EWCA Civ 358

Highly acrimonious residence application - judge found that it was no longer possible for the parents and the child to work together, so made a residence order in favour of the paternal grandparents - mother appealed - appeal granted but Court of Appeal gave warning to the parents of the serious harm that their actions were causing to their child.

Bath & North East Somerset Council v A and B (Publication) [2009] EWHC B11 (Fam)

Bath & North East Somerset Council v A and B (Publication) [2009] EWHC B11 (Fam)

Care proceedings - serious failings by local authority - family sought full disclosure - Held, publicity was essential in the extraordinary background of this case; there were lessons to be learned for the future and other aggrieved persons might come forward.

Brittain v Haghigat [2009] EWHC 934 (Ch)

Brittain v Haghigat [2009] EWHC 934 (Ch)

Application for a rehearing in bankruptcy proceedings where the applicant claimed that the judge had been “tricked” into error when making orders concerning the matrimonial home. Application refused.

Qayyum v Hameed & Anor [2009] EWCA Civ 352

Qayyum v Hameed & Anor [2009] EWCA Civ 352

Property purchased in joint names of husband and wife - by a deed dated 12 July 1991 husband declared that he held his interest in the Property on trust for wife absolutely; and he covenanted to execute a transfer of his interest in the Property into wife's sole name, or to whom she might direct, when called upon by her to do so - husband's creditor obtained charging order against husband's interest - creditor applied pursuant to section 14 Trusts of Land and Appointment of Trustees Act 1996 for an order for sale of the Property - judge declaring that the property was held by husband and wife in equal shares - wife appealed - appeal dismissed.

C (A Child) [2009] EWCA Civ 674

C (A Child) [2009] EWCA Civ 674

Application by mother for permission to appeal, with appeal to follow, refusal of application for unsupervised contact and imposition of a s91(14) order. Appeal allowed in part with the s 91(14) order set aside.

M (A Child) [2009] EWCA Civ 311

M (A Child) [2009] EWCA Civ 311

Application by father for permission to appeal costs arising from contact proceedings. Application refused.

A (A Child), Re [2009] EWHC 865 (Fam)

A (A Child), Re [2009] EWHC 865 (Fam)

It is a cardinal principle of the Children Act 1989 ... that once a care order has been made ... it is for the local authority, and not the court, to decide how to meet its parental responsibilities for the child. The decision-making power as to the care, residence and general welfare of the child is vested in the local authority, not in the court ... the local authority ... submits that the ... Family Proceedings Court fell into error and offended against this principle when it made the order ... which is the subject of this appeal. Those who are concerned to uphold the decision of the Justices dispute this contention; they assert that the Justices acted lawfully and in accordance with principle and that their decision is not to be impeached ... I agree with the respondents. It follows that this appeal must be dismissed.

A (A Child), Re [2009] EWHC 865 (Fam)

A (A Child), Re [2009] EWHC 865 (Fam)

Appeal by local authority against an order in care proceedings where was alleged that the FPC had interfered with the local authority’s decision making in relation to parental responsibility. Appeal dismissed.

Hashem v Shayif & Anor [2009] EWHC 864 (Fam)

Hashem v Shayif & Anor [2009] EWHC 864 (Fam)

Ancillary relief and Chancery proceedings - company owned by husband and children -
company and children took action against wife - wife succeeded in ancillary relief claim but not against company and children - issue of costs - wife ordered to pay children's costs and 90% of company's costs.

Felbab v Serbia (No 14011/07)

Felbab v Serbia (No 14011/07)

"... the father complained to the ECHR that the Serbian authorities, in failing to enforce the contact order, had breached his right to a fair hearing within a reasonable time, under Art 6, and his right to respect for family life, under Art 8 - the Serbian court had failed to take sufficient steps to execute the contact order, and there had been a breach of Art 6. Also, the Serbian authorities had failed to do everything in their power that could reasonably have been expected of them to support the father's rights under Art 8."

A v Payne and Williams; A v G and N [2009] EWHC 736 (Fam)

A v Payne and Williams; A v G and N [2009] EWHC 736 (Fam)

Guardian sent copies of 4 expert reports to therapy centre at which both parties were ordered to attend, without approval of the court - father sought committal of guardian for contempt - contempt had been established - guardian failed to understand FPR r.10.20A

G v G [2009]

G v G [2009]

Proceedings under Children Act 1989, Schedule 1 - mother applied for interim periodical payments order, to include legal costs - father argued that the court did not have jurisdiction to include legal costs - held, the court did have jurisdiction to make such an order.

Z (Children) [2009] EWCA Civ 430

Z (Children) [2009] EWCA Civ 430

Application by mother for permission to appeal, with appeal to follow, an order for unsupervised contact by their father to her two youngest children. Application and appeal allowed.

CH v RN & Ors [2009] EWHC 640 (Fam)

CH v RN & Ors [2009] EWHC 640 (Fam)

Residence order in favour of father - mother failed to return child to father at end of contact, and removed him to India, in breach of Children Act order - mother in contempt - writ of sequestration issued directing Sequestrators to pay father's solicitors £25,000 to be used in the furtherance of his efforts to recover the child from India, and for the payment of the his solicitors' costs out of sequestered assets - Sequestrators took possession of bank accounts and a property in the name of the mother - mother subsequently returned child - question arose as to whether writ had been executed within 12 months, in which case it required renewal - Held, it was executed either when child returned to this country and the father (thus rectifying breach of order), or when Sequestrators took possession of mother's assets - writ did not therefore require renewal.

Moore v Moore [2009] EWCA Civ 433

Moore v Moore [2009] EWCA Civ 433

Application by husband in ancillary relief proceedings seeking to vary an order that required security for costs before an application for permission to appeal would be considered. The deadline for providing security was extended.

Proceedings brought by A (Case C-523/07); [2009] WLR (D) 129

Proceedings brought by A (Case C-523/07); [2009] WLR (D) 129

EUROPEAN COMMUNITY — Children — Care proceedings — Jurisdiction — Courts of state where child habitually resident having jurisdiction in matters of parental responsibility — Whether decision to take child into case “civil matter” — Meaning of “habitual residence” — Extent of jurisdiction of courts in another member state to take protective measures — Council Regulation (EC) No 2201/2003, arts 1(1), 8(1), 20(1)

A (Area of Freedom, Security and Justice) (Case C-523/07)

A (Area of Freedom, Security and Justice) (Case C-523/07)

The Finnish court referred four questions to the European Court of Justice for a preliminary ruling: whether or not Brussels II Revised applied to the decision to take the children into care; on the interpretation of habitual residence; on the conditions in which a member state could take an urgent protective measure under Art 20(1); and concerning the approach a member state without jurisdiction ought to take in such a case.

Myerson v Myerson [2009] EWCA Civ 282

Myerson v Myerson [2009] EWCA Civ 282

Husband appealed ancillary relief consent order, asserting that "forces within the global economy" and the collapse in the price of his shares constituted a Barder event, which had rendered the order both unfair and unworkable - appeal dismissed on the grounds, inter alia, that the case-law does not suggest that the natural processes of price fluctuation, however dramatic, fall within the Barder principle.