L (A Child) [2009] EWCA Civ 1239 (20 August 2009)

Appeal by parents and guardian against directions in care proceedings requiring that swabs be taken from two children to establish paternity. Appeal allowed.

Full report: Family Law Week

N (A Child), Re [2009] EWHC 3055 (Fam) (25 November 2009)

Private law children proceedings - applications by the mother and the guardian for an order – against both parents – under section 91(14) of the Children Act 1989 - order made, to last for four years.

Full report: Bailii

E (A Child) [2009] EWCA Civ 1238 (20 August 2009)

Application by father for permission to appeal, with appeal to follow, refusal of leave to appeal and related directions in disputed contact proceedings. Application and appeal allowed.

Full report: Family Law Week

J (A Child) [2009] EWCA Civ 1210 (29 October 2009)

Appeal by mother against refusals to allow further assessment of her capacity to care and to allow her McKenzie Friend to represent her in the final hearing. Appeal on second point allowed.

Full report: Family Law Week

M (Children) [2009] EWCA Civ 1216 (27 Ocotober 2009)

Application by father for permission to appeal, with appeal to follow, refusal to adjourn contact proceedings as the father was not fit to give evidence on the day. Application granted and appeal allowed.

Full report: Family Law Week

B (A Child) [2009] EWCA Civ 1243 (26 October 2009)

Application for permission to appeal, with appeal to follow, refusal to adjourn care proceedings so an intervenor could prepare their case properly. Application and appeal allowed.

Full report: Family Law Week

Re S (Parental Order) [2009] EWHC 2977 (9 November 2009)

Application for a parental order under s 30 of Human Fertilisation and Embryology Act 1990 - Californian surrogacy agreement provided for $23,000 to be given to the surrogate mother - whether this breached s.30(7). Held, the order would be made as these applicants would not have been prevented from parenting children in this country, and the sums involved were not greatly disproportionate to expenses reasonably incurred.

Report: Family Law Newswatch

Williams v Hull [2009] EWHC 2844 (Ch) (19 November 2009)

Cohabitee property dispute - woman contended that property held in accordance with a draft Deed of Co-ownership - man contends that the property is held in equal shares - woman sought to introduce into evidence a letter from the man to her, marked 'without prejudice', which indicated he accepted that his interest was as per the Deed. The judge considered that the letter was admissible. The man appealed. His appeal was allowed.

Full report: Bailii

KB (A Child) v Borough Council & Ors [2009] EWCA Civ 1254 (25 November 2009)

Applications by the guardian and the local authority for permission to appeal against the dismissal of the local authority's application for an interim care order. Permission granted and appeals allowed.

Full report: Bailii

T (A Child) [2009] EWCA Civ 1208 (20 November 2009)

Application by child's mother, seeking permission to appeal against findings concerning the causation of the child's injuries, in the course of the care proceedings. Permission granted but appeal dismissed.

Full report: Bailii

B (A Child), Re [2009] UKSC 5 (19 November 2009)

Appeal by maternal grandmother of a 3-year-old child from an order of the Court of Appeal upholding the decision of the High Court to reverse a family proceedings court’s decision to refuse an application by his father that the child should live with him rather than with the grandmother, who had cared for him since his birth. Appeal allowed.

Full report: Bailii

Z v Z [2009] EWHC 2626 (Fam) (22 October 2009)

Family Law Newswatch report

The autonomous European Community interpretation of habitual residence, unlike the domestic interpretation, did not accord determinative significance to the length of time a person spent in or out of a country, whether initially to acquire or to lose habitual residence.

Independent News and Media Ltd & Ors v A [2009] EWHC 2858 (Fam) (12 November 2009)

Bailii Report

Application by media institutions for permission to attend hearings in the Court of Protection concerning a severely disabled young adult who possesses remarkable gifts, the practice of which have brought him to public and international attention. Permission granted.

N, Re [2009] EWHC B29 (Fam) (23 October 2009)

Bailii Report

Application for a declaration that the English courts recognise an Armenian adoption order. Declaration made.

RB (A Child), Re [2009] EWHC B26 (Fam) (10 November 2009)

Bailii Report

Words of endorsement of Mr Justice McFarlane regarding the decision of the father to agree to the withdrawal of medical treatment for the child, who is profoundly disabled and will always be totally dependent upon an artificial ventilation machine.

Topham & Anor v French [2009] EWCA Civ 1129 (12 August 2009)

Family Law Week report

Application for permission to appeal an order for costs arising from application by a trustee in bankruptcy to sell the matrimonial home. Permission granted.

Baker v Rowe [2009] EWCA Civ 1162 (06 November 2009)

Bailii Report

Application for permission to appeal against an order for costs as between interveners in proceedings for ancillary relief following divorce. Application granted but appeal dismissed.

K v K [2009] EWHC 2721 (Fam) (30 October 2009)

Bailii Report

Mother took the children from Ireland to England without the father's knowledge. Father sought their summary return. Mother claimed that earlier consent given by husband still continued. Held, that consent was still operative. The judge then exercised his discretion not to order the children to be returned to Ireland.

Re J (Costs of Fact Finding Hearing) (26 October 2009)

Family Law Newswatch report

Contact application by father - 11 out of 17 allegations of domestic violence by mother found proved at fact finding hearing but mother refused costs. Mother appealed. Appeal allowed.

Re S (Leave to Remove: Costs) (22 September 2009)

Family Law Newswatch report

On appeal, the mother succeeded in obtaining permission to relocate with the child to Sweden. Mother sought costs from father. Costs awarded.

Moore v Moore [2009] EWCA Civ 1427 (21 October 2009)

Law Society Gazette report

The appellant husband appealed against an order requiring him to pay maintenance pending suit to his respondent wife following the withdrawal of her divorce petition. Appeal dismissed.

The full report may now be found here.