Hannan v Maxton [2009] EWCA Civ 773 (8 May 2009)

Family Law Newswatch

Cohabitee property dispute - woman's counter claim entirely successful, but court only awarded her costs in respect of part of the claim. Woman appealed. Appeal allowed.

Traversa v Freddi [2009] EWHC (30 April 2009)

Family Law Newswatch

Wife resided in Italy, husband in England. Wife issued divorce proceedings in Italy. Husband applied to the English court for leave to seek financial relief under Pt III. Held, the superior connection was with Italy, and therefore leave was refused.

Moore v Moore [2009] EWCA Civ 737 (17 March 2009)

Family Law Week Report

Application by wife security for costs arising out of ancillary relief proceedings. Application allowed.

N (A Child), Re [2009] EWHC 1807 (Fam) (17 July 2009)

Bailii Report

Father sought residence order - consent order made - father applied to alter consent order and remove the guardian - mother applied for s.91(14) order against both parents - applications dismissed.

D (A Child), Re [2009] EWCA Civ 754

Bailii Report

Contact application by father. Court found father to have harassed mother and adjourned application for 6 months so that the father could demonstrate that he could refrain from harassing the mother for that period. Father sought permission to appeal. Permission refused.

Hvorostovsky v Hvorostovsky [2009] EWCA Civ 791

Bailii Report

Application by wife to vary periodical payments - wife dissatisfied with award and appealed - appeal allowed, primarily because of husband's greatly increased income, and periodical payments increased.

Slade v Slade [2009] EWCA Civ 748

Bailii Report

Wife's appeal against order for her committal for contempt - appeal allowed and sentences reduced from 21 months to six months.

L-A (Children) Case No: B4/2009/1297

Family Law Week Report

Appeal by local authority against refusal to allow removal of children from their home in care proceedings arising out of alleged chronic neglect. Appeal allowed and matter sent for retrial.

Child X (Residence and Contact – Rights of media attendance – FPR Rule 10.28(4)) [2009] EWHC 1728 (Fam)

Family Law Week Report

Judgment concerning media access to contact proceedings involving celebrities. The existing order excluding the media was upheld.

Jones v Kernott [2009] EWHC 1713 (Ch)

Family Law Newswatch Report

Unmarried couple purchased property in joint names - woman brought claim under TLATA - at first instance the court held that she was entitled to 90% of the value of the property, on the basis that this was fair and just - man appealed - held that there was evidence of conduct from which it was right to conclude that the parties had intended their respective equal shares to alter following the man's departure, but none to indicate how. The only available criterion by which to assess the extent of the alteration was what was objectively fair, and the only judge of that was the court. The first instance judge's attribution of 90% to the woman was justifiable.#

(A full report can now be found here.)

Brisset v Brisset [2009] EWCA Civ 679

Bailii Report

Appeal by husband against lump sum order. The wife had a lower income during the period since the separation, which she had made up from her capital. The husband claimed that the district judge had been guilty of double-counting, in that he had shared the currently held assets but also awarded the wife an additional lump sum in respect the capital that she had used since the separation. The Court of Appeal agreed, and reduced the lump sum.

N (A Child), Re [2009] EWHC 1663 (Fam)

Bailii Report

Application by father in respect of the proposed disclosure to the General Medical Council of an expert report produced in the course of and for the purposes of proceedings in relation to a child - held, father entitled to make disclosure under rule 11.4(1)(c) Part XI Family Proceedings Rules 1991, and therefore no order made.

London Borough of Brent v S [2009] EWHC 1593 (Fam)

Family Law Week Report

Judgment arising from application for an injunction by local authority to prevent a child in their care from travelling to Pakistan to find his remaining family. The injunction was lifted.

A Local Authority v A Mother & Ors [2009] EWHC 1574 (Fam)

Bailii Report

Care proceedings - application for a direction not to disclose information regarding the mother's alleged behaviour to the father as it may put the mother's safety and even life in danger for having 'dishonoured' the family - Held, consequences of disclosure for the mother were not of the nature or degree that would justify non-disclosure. Disclosure to the father was therefore directed.

DS v RS [2009] EWHC 1594 (Fam)

Bailii Report

Application by mother for leave to take child to India to attend family wedding - leave granted, subject to undertakings by mother.

SS v KS [2009] EWHC 1575 (Fam)

Bailii Report

Contact application by father - mother made allegations of violence by father - fact-finding hearing adjourned part heard - judge made an order for interim supervised contact - mother appealed - appeal dismissed.

Radmacher v Granatino [2009] EWCA Civ 649

Family Law Week Report

Appeal by wife against an award in ancillary relief proceedings where the couple, both born overseas, had signed a pre-nuptial agreement in Germany. Appeal allowed.

W (Children), Re [2009] EWCA Civ 644

Bailii Report

Care proceedings - allegation that father raped child - simultaneous criminal and care proceedings - judge made finding of rape in care proceedings, but father acquitted in criminal proceedings - father appealed judge's findings of rape - appeal dismissed.