Family Law Newswatch report
Child in care moved to the area of another authority - Dispute as to which authority was responsible for supporting the child - Held, the second authority should not have refused to offer support to the child, and should not have attempted to pass responsibility for her back to the first authority.
White v Withers Llp & Ors [2009] EWCA Civ 1122 (27 October 2009)
Bailii Report
Claim by husband against wife's solicitors in relation to the seizure and retention of documents belonging to the husband. Claim struck out in High Court and husband applied for permission to appeal. Permission granted and appeal allowed.
Claim by husband against wife's solicitors in relation to the seizure and retention of documents belonging to the husband. Claim struck out in High Court and husband applied for permission to appeal. Permission granted and appeal allowed.
Barry (R, on the application of) v Birmingham Magistrates Court [2009] EWHC 2571 (Admin) (2 October 2009)
Family Law Week report
Application for judicial review of refusal of district judge to issue a summons in a private prosecution under the Protection from Harassment Act. Application granted and matter sent for reconsideration.
Application for judicial review of refusal of district judge to issue a summons in a private prosecution under the Protection from Harassment Act. Application granted and matter sent for reconsideration.
M (A Child) [2009] EWCA Civ 1093 (23 April 2009)
Family Law Week report
Application by father for permission to appeal finding of fact in care proceedings by adducing fresh evidence. Application granted.
Application by father for permission to appeal finding of fact in care proceedings by adducing fresh evidence. Application granted.
E (A Child) [2009] EWCA Civ 1103 (7 October 2009)
Family Law Week report
Application for permission to appeal, with appeal to follow, decision to return a child to Spain under Hague Convention proceedings on the ground that return would be intolerable. Application refused.
Application for permission to appeal, with appeal to follow, decision to return a child to Spain under Hague Convention proceedings on the ground that return would be intolerable. Application refused.
W-M (Children) [2009] EWCA Civ 1105 (8 October 2009)
Family Law Week report
Application for permission to appeal, with appeal to follow, final care orders. Application and appeal granted and matter remitted to the county court.
Application for permission to appeal, with appeal to follow, final care orders. Application and appeal granted and matter remitted to the county court.
Re T (Wardship: Impact of Police Intelligence) [2009] EWHC 2440 (Fam) (7 October 2009)
Family Law Newswatch report
The police informed the court dealing with the father's contact application in respect of a ward of court that there was credible intelligence to the effect that the father had taken out a contract to have the mother murdered while at court, although they had taken the decision not to investigate the claim further; the police requested that this information not be disclosed to the father, his family or any of the family's representatives. A judgment was given describing the procedure adopted, and flagging up lessons to be learned.
The police informed the court dealing with the father's contact application in respect of a ward of court that there was credible intelligence to the effect that the father had taken out a contract to have the mother murdered while at court, although they had taken the decision not to investigate the claim further; the police requested that this information not be disclosed to the father, his family or any of the family's representatives. A judgment was given describing the procedure adopted, and flagging up lessons to be learned.
S-B (Children) [2009] EWCA Civ 1048 (30 June 2009)
Family Law Week report
Appeal by mother against finding that she was a possible perpetrator of non-accidental injuries. Appeal dismissed.
Appeal by mother against finding that she was a possible perpetrator of non-accidental injuries. Appeal dismissed.
S (A Child) [2009] EWCA Civ 1021 (30 July 2009)
Family Law Week report
Appeal concerning the habitual residence of a child removed by the father to Belgium. Appeal dismissed.
Appeal concerning the habitual residence of a child removed by the father to Belgium. Appeal dismissed.
Re A (Residence Order) [2009] EWCA Civ 1141 (7 October 2009)
Family Law Newswatch report
Children resided with mother. In contact proceedings the Judge concluded that she could not rely on the mother, and made a residence order in the father's favour. The mother appealed. Appeal allowed - the transfer of residence was a weapon of very last resort.
The full report may now be found here.
Children resided with mother. In contact proceedings the Judge concluded that she could not rely on the mother, and made a residence order in the father's favour. The mother appealed. Appeal allowed - the transfer of residence was a weapon of very last resort.
The full report may now be found here.
S v S (Ancillary Relief: Application to Set Aside Order) [2009] EWHC 2377 (Fam) (1 October 2009)
Family Law Newswatch report
Application by wife to set aside ancillary relief order on the basis of misrepresentation or non-disclosure, mistake, and/or a Barder event, focusing on the increase in value of the husband's company since the hearing. Application refused.
Application by wife to set aside ancillary relief order on the basis of misrepresentation or non-disclosure, mistake, and/or a Barder event, focusing on the increase in value of the husband's company since the hearing. Application refused.
ASB & Anor v MQS [2009] EWHC 2491 (Fam) (13 October 2009)
Bailii Report
Application to adopt Pakistani national - application opposed by Secretary of State for the Home Department - application granted.
Application to adopt Pakistani national - application opposed by Secretary of State for the Home Department - application granted.
Re K [2009] EWCA Civ 987 (23 July 2009)
Family Law Newswatch report
Care proceedings had been issued in relation to the three children because of serious injuries to the youngest child, and fatal injuries to a fourth sibling. Before the final hearing the prospect arose of rehabilitation of all three children to the father, on the basis that he would separate from the mother. The judge adjourned the hearing on the basis of an interim care order to the authority, and ordered the expert to prepare a further report. On the guardian's appeal none of the parties supported the judge's order. Held, the judge had fallen into error in his failure either to conclude the proceedings or to provide for a further hearing on the firm foundation of assessment.
[The full report of this case may now be found here.]
Care proceedings had been issued in relation to the three children because of serious injuries to the youngest child, and fatal injuries to a fourth sibling. Before the final hearing the prospect arose of rehabilitation of all three children to the father, on the basis that he would separate from the mother. The judge adjourned the hearing on the basis of an interim care order to the authority, and ordered the expert to prepare a further report. On the guardian's appeal none of the parties supported the judge's order. Held, the judge had fallen into error in his failure either to conclude the proceedings or to provide for a further hearing on the firm foundation of assessment.
[The full report of this case may now be found here.]
C v C [2009] EWHC 837 ( 27 April 2009)
Family Law Newswatch report
In her ancillary relief claim the wife was asserting that the husband had a beneficial interest in a range of properties, including the matrimonial home, whose titles were registered in the names of members of the husband's family and in the name of a company in which a family member had an interest. The wife had failed to make out her case. There had been no express statement of trust and there was no evidence that the money used in the acquisition and development of the disputed assets was the husband's money.
In her ancillary relief claim the wife was asserting that the husband had a beneficial interest in a range of properties, including the matrimonial home, whose titles were registered in the names of members of the husband's family and in the name of a company in which a family member had an interest. The wife had failed to make out her case. There had been no express statement of trust and there was no evidence that the money used in the acquisition and development of the disputed assets was the husband's money.
Kennedy v Kennedy [2009] EWCA Civ 986 (24 June 2009)
Family Law Newswatch report
Unmarried parents both British, but habitually resident in Spain; the two children, also British nationals, were born and registered in Spain. The mother removed the children to England; the father then sought the summary return of the children under the Hague Convention. A preliminary issue arose as to whether the father had rights of custody for the purposes of the Convention. The President of the Family Division concluded that the removal or retention of the children by the mother had been in breach of the father's rights of custody, because at the time of the children's removal the father had been exercising rights of parental control and custody under Spanish law. The appeal was dismissed. The President had adopted the correct approach at trial.
[A full report of this case may now be found here.]
Unmarried parents both British, but habitually resident in Spain; the two children, also British nationals, were born and registered in Spain. The mother removed the children to England; the father then sought the summary return of the children under the Hague Convention. A preliminary issue arose as to whether the father had rights of custody for the purposes of the Convention. The President of the Family Division concluded that the removal or retention of the children by the mother had been in breach of the father's rights of custody, because at the time of the children's removal the father had been exercising rights of parental control and custody under Spanish law. The appeal was dismissed. The President had adopted the correct approach at trial.
[A full report of this case may now be found here.]
CR v Local Authority and the Guardian [2009] EWCA Civ 1008 (07 October 2009)
Bailii Report
Care proceedings - application by mother for permission to appeal against order refusing permission to instruct an expert to carry out a risk assessment relating to her capacity safely to parent the child - permission granted and appeal allowed. The Court of Appeal also commented upon the need for close liaison between those responsible for care and criminal proceedings arising out of the same set of serious injuries suffered by young children, and upon the judge having apparently prejudged the outcome of the care proceedings.
Care proceedings - application by mother for permission to appeal against order refusing permission to instruct an expert to carry out a risk assessment relating to her capacity safely to parent the child - permission granted and appeal allowed. The Court of Appeal also commented upon the need for close liaison between those responsible for care and criminal proceedings arising out of the same set of serious injuries suffered by young children, and upon the judge having apparently prejudged the outcome of the care proceedings.
S (A Child) [2009] EWCA Civ 993 (16 June 2009)
Family Law Week report
Appeal by mother against permission to register an order under Brussels II bis for return of her child to Milan involving issues around the correct appellate route in such cases. The Appeal was remitted to the High Court.
Appeal by mother against permission to register an order under Brussels II bis for return of her child to Milan involving issues around the correct appellate route in such cases. The Appeal was remitted to the High Court.
Marano v Marano [2009] EWCA Civ 967 (30 June 2009)
Family Law Week report
Application, by wife, for permission to appeal a lump sum order in the husband's favour where the value of his property investments had plummeted. Application granted.
Application, by wife, for permission to appeal a lump sum order in the husband's favour where the value of his property investments had plummeted. Application granted.
B v R [2009] EWHC 2026 (Fam) (31 July 2009)
Family Law Newswatch report
French mother and the father lived together briefly in England and had a child together - mother returned to France with child, obtained French order for child maintenance, and then a Schedule 1 Children Act order for a lump sum and maintenance - father appealed - appeal allowed - under Schedule 1, para 14 of the 1989 Act, where one parent lived in England & Wales and the child lived outside England & Wales with the other parent, the court could make a periodical payments order, or a secured periodical payments order, but not a lump sum or a property adjustment order, and the maintenance order was in conflict with the French order.
French mother and the father lived together briefly in England and had a child together - mother returned to France with child, obtained French order for child maintenance, and then a Schedule 1 Children Act order for a lump sum and maintenance - father appealed - appeal allowed - under Schedule 1, para 14 of the 1989 Act, where one parent lived in England & Wales and the child lived outside England & Wales with the other parent, the court could make a periodical payments order, or a secured periodical payments order, but not a lump sum or a property adjustment order, and the maintenance order was in conflict with the French order.
Murphy v Murphy [2009] (Court of Appeal; 18 September 2009)
Family Law Newswatch report
Appeal by husband against ancillary relief order granting wife 65% of the assets. Appeal allowed, although the judge had been entitled to reject equality of division given the future earning capacity of both parties.
Appeal by husband against ancillary relief order granting wife 65% of the assets. Appeal allowed, although the judge had been entitled to reject equality of division given the future earning capacity of both parties.
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