London Borough Of Islington v EV & Ors [2010] EWHC 3240 (Fam) (09 December 2010)

Care proceedings. The father resides in Turkey. An interim care order was made and leave given for the child to travel to Turkey to be assessed living with his with his father pending the final hearing.

Full report: Bailii

Quila & Anor v Secretary of State for the Home Department [2010] EWCA Civ 1482 (21 December 2010)

Two appeals raising the question whether the ban contained in paragraph 277 of the Immigration Rules on the entry for settlement of foreign spouses between the ages of 18 and 21 is a lawful way of dealing with the problem of forced marriages. Appeals allowed.

Full report: Bailii

Re T [2010] EWHC 3177 (Fam) (7 December 2010)

Judgment in child abduction proceedings which raised two important issues: (i) whether adoption of habitual residence should be voluntary; and (ii) the effect of the recent decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Neulinger & Shuruk v Switzerland.

Full report: Family Law Week

F (Children) [2010] EWCA Civ 1428 (27 October 2010)

Consideration of the test to be applied for ‘internal relocation’, ie cases where the primary carer wishes to relocate within the United Kingdom.

Full report: Family Law Week

RMM v HW & Ors [2010] EWCA Civ 1467 (17 December 2010)

Care proceedings. Child had suffered an Acute Life-Threatening Event. Court found that the event had been caused non-accidentally and identified the father as the perpetrator of it. The father appealed on the basis that the evidence was insufficient to justify the finding that the event was caused non-accidentally. Court also found that the mother and the father should both be consigned to a pool of possible perpetrators of other non-accidental injuries. Mother cross-appealed against this finding. Father's appeal dismissed but mother's cross-appeal allowed.

Full report: Bailii

C v S [2010] EWHC 2676 (Fam) (10 September 2010)

Husband’s appeal against the assumption of jurisdiction by court in England where the wife had previously petitioned for judicial separation in Italy. Question raised as to whether the order of the Italian court which declared the wife’s petition void had the effect of bringing those proceedings to an end. Appeal dismissed.

Full report: Family Law Week

A Chief Constable & Anor v YK & Ors [2010] EWHC 3282 (Fam) (14 December 2010)

Postscript to judgment in the case of A Chief Constable v A and others [2010] EWHC (Fam) 2438.

Full report: Bailii

L & B (Children), Re [2010] EWCA Civ 1118 (23 September 2010)

Care proceedings. Recorder found father guilty of domestic violence. Guardian's counsel subsequently discovered that the guardian had instructed the recorder in a different case which was still ongoing. An application was made for the recorder to recuse herself. The recorder did so, but refused to set aside her earlier findings. The father's appeal was allowed.

Report: Family Law

Full report: Bailii

Re C and D (Children) [2010] EWHC B27 (Fam) (9 November 2010)

Care Proceedings: Fact finding hearing to establish whether six week old twin girls had suffered non-accidental injuries. Local authority failed to satisfy the court on the balance of probabilities that any of the injuries were non-accidental. Application dismissed. The court considered the discharge of the burden of proof, unreliable expert evidence, the need for good quality photographs and for skilled representation in care proceedings.

Full report: Family Law Week

L (A Minor), Re [2010] EWHC 3146 (Fam) (08 December 2010)

A US commercial surrogacy agreement case where Hedley J gives reasons for making a Parental Order pursuant to Section 54 of the Human Fertilisation and Embryology Act 2008 in favour of the applicants in respect of a child known as L.

Full report: Family Law Week

Re T (A Child) [2010] EWCA 1527 (4 November 2010)

Child placed for adoption. Grandmother's application for contact dismissed. Grandmother appealed. Held that the judge was entitled to dismiss the application.

Report: Family Law

A full report can now be found on Family Law Week.

Re W (Cross-Examination) [2010] EWCA 1449 (29 October 2010)

Cafcass officer unable to attend directions hearing. Judge had telephone conversation with him and then made final order for limited contact. Father's appeal allowed.

Report: Family Law

Full report: Family Law Week

Jane (A Child), Re [2010] EWHC 3221 (Fam) (November 2010)

Care proceedings. Application by local authority for reporting restriction order. Order made binding those media organisations notified of the application.

Full report: Bailii

YA (F) v A Local Authority [2010] EWHC 2770 (2 September 2010)

Claim in the Court of Protection arising from alleged breaches of the Human Rights Act 1998. Consideration of the COP’s jurisdiction to hear such claims and to award relief.

Full report: Family Law Week

Davies v Welch [2010] EWHC 3034 Admin (4 November 2010)

Application under CPR Part 8 for committal of the wife’s solicitor, who had disclosed financial documents from ancillary relief proceedings to the Child Support Agency. Application refused.

Full report: Family Law Week

K (Children), Re [2010] EWCA Civ 1365 (02 December 2010)

Appeal by mother against order of judge setting aside district judge's order dismissing father's contact application and imposing s.91(14) bar. Appeal dismissed.

Full report: Bailii

T v T [2010] EWCA Civ 1366 (01 December 2010)

Appeal by mother and her civil partner against shared residence order in favour of mother and father. Appeal dismissed.

Full report: Bailii

Raban v Romania (Application No 25437/08) ECHR (26 October 2010)

Father issued Hague proceedings, but order for summary return overturned on appeal. The father then issued human rights proceedings on behalf of himself and the children, alleging breaches of Article 8. Held, there had been no violation of Article 8.

Report: Family Law

The full judgment can be found here.

R (Bewry) v Norfolk County Council [2010] EWHC 2545 (Admin) (6 October 2010)

Children sent on respite placements but formal fostering with the parent continued. Local authority decided not to return the children to the foster parent's care. At issue was whether the local authority acted in breach of s 22(4) of Children Act 1989 in failing to find out views of the foster parent.

Report: Family Law

Westwater v Secretary of State for Justice [2010] EWHC 2403 (Admin) (24 August 2010)

Father in prison for sexual offences against young family members. Father sought judicial review of decision to limit his contact with his daughter. Decision quashed.

Report: Family Law

Bryan v Secretary of State for Justice [2010] EWHC 2507 (Admin) (24 August 2010)

Father in prison for committing sexual offences against two 7 year old girls. Father sought judicial review of decision to limit his contact with his children. Decision quashed.

Report: Family Law

Child Maintenance and Enforcement Commission v Beesley & Anor [2010] EWCA Civ 1344 (24 November 2010)

NRP entered into IVA under which his creditors would receive a total of 27p in the pound over a period of 5 years in full and final settlement of his liabilities. 94% of his debts were represented by arrears of child maintenance. High Court held that CMEC was a creditor for the purposes of the IVA. CMEC appealed. Court of Appeal held that CMEC was not a creditor, and was therefore not capable of being bound by the IVA.

Full report: Bailii

H (A Child) [2010] EWCA 1296 (26 October 2010)

Private law children application for permission to appeal s.91(14) order. Permission granted limited to the duration of the order.

Full report: Family Law Week

M (A Child) [2010] EWCA Civ 1295 (14 October 2010)

Child Abduction: Appeal of order for return of a 4 year old child to Estonia. Appeal dismissed with amendment by way of slip rule to duration of the order. Matter to return to a Family Division judge for implementation.

Full report: Family Law Week

A London Borough Council v K & others [2009] EWHC 850 (12 April 2010)

Care Proceedings: Fact finding hearing to determine the truth and extent of mother’s allegations of serious sexual abuse against the children’s father and other named men. Baker J found the allegations of sexual abuse to be untrue and identified a number of matters about care proceedings and the wider system of child protection from which important lessons can be drawn.

Full report: Family Law Week

Lykiardopulo v Lykiardopulo [2010] EWCA Civ 1315 (19 November 2010)

Court of Appeal determined whether an ancillary relief judgment should be published when one of the parties had conspired to present a perjured case and, if it should (as in this case), the extent of any anonymisation or redaction.

Full report: Family Law Week

EG V RS, JS & BEN PCT [2010] Court of Protection Case No: 1110237109 (3 August 2010)

Solicitor’s application for permission to appeal in a Court of Protection case against a costs order made against her in respect of an unsuccessful application to be appointed Health & Welfare Deputy. Permission to appeal not granted.

Full report: Family Law Week

A County Council v MB [2010] EWHC 2508 (COP) (22 October 2010)

Declaration sought by an 80 year old woman (MB) with severe Alzheimer’s that she was unlawfully deprived of her liberty after expiration of a standard authorisation given under Schedule A1 to the Mental Capacity Act 2005 and prior to the making of an order under s.16 MCA authorising her deprivation of liberty at a residential home. Declaration granted.

Full report: Family Law Week

W (A Minor) [2010] EWCA Civ 1280 (18 November 2010)

Application by mother for permission to appeal against order transferring residence of child from her to the paternal grandmother. Application dismissed.

Full report: Bailii

Re F (Internal Relocation) [2010] EWCA (27 October 2010)

Mother sought specific issue order permitting her to move with her four children from north-east England to one of the Orkney isles. Leave refused. Mother's appeal rejected.

Report: Family Law

G (Children) [2010] EWCA Civ 1232 (22 September 2010)

Mother’s appeal to the Court of Appeal to reverse order made that the parties’ two children should be returned to Canada after their unlawful abduction to this jurisdiction. Appeal allowed.

Full report: Family Law Week

WF v RJ & Anor [2010] EWHC 2909 (Fam) (13 August 2010)

Father applied for the summary return to Germany of two children, following their wrongful abduction to this country by their mother. Mother accepted that the children were wrongfully removed, but resisted their return on the basis of a number of defences under the Convention. The return was also opposed by the older child, who raised similar defences. The father's application was refused.

Full report: Bailii

LB Richmond v B & W [2010] EWCA 2903 (Fam) (12 November 2010)

Care proceedings in which an issue arose as to the validity of hair testing for the purposes of seeking to establish whether a parent has consumed alcohol and, if so, to what extent.

Full report: Family Law Week

MH v Lancashire County Council [2010] EWCA Civ 1257 (12 November 2010)

Care and placement orders made by Family Proceedings Court. Mother's appeal to County Court struck out. Mother appealed against that order. Appeal dismissed.

Full report: Bailii

Plymouth City Council v G (Children) [2010] EWCA Civ 1271 (10 November 2010)

Local authority applied for care orders in relation to three children and placement orders in relation to the younger two. The Recorder granted full care orders in relation to the children but dismissed the applications for placement orders. The local authority appealed. The Court of Appeal overturned the care orders made in relation to the two younger children and the judge's order dismissing the placement order applications, and substituted (i) an order adjourning the placement order applications and (ii) interim care orders for 28 days.

Full report: Bailii

Kingdon v Kingdon [2010] EWCA Civ 1251 (04 November 2010)

Ancillary relief order made by consent. Judge subsequently found that the order had been vitiated by material non-disclosure on the part of the husband, and made further lump sum provision for the wife. Husband appealed on the basis, inter alia, that the judge should have set aside the whole order and directed that the application for ancillary relief be reheard. Appeal dismissed.

Full report: Bailii

L-W (Children), Re [2010] EWCA Civ 1253 (04 November 2010)

Appeal by father against compensation and enforcement orders made pursuant to sections 11O & 11J of the Children Act 1989 and a committal order. Appeals allowed and orders set aside.

Full report: Bailii

Withers LLP v Harrison [2010] EWHC 2769 (QB) (03 November 2010)

Claim by Withers in respect of unpaid bills. Defendant counterclaimed on the basis that Withers had given her negligent advice in relation to proceedings brought by her against her ex-husband for an ancillary relief order to be set aside on the grounds that it was obtained by fraud or material non-disclosure. The ex-husband had obtained summary judgment. The court rejected the defendant’s case that Withers was negligent, and therefore gave judgment for Withers on its claim, and the defendant’s counterclaim was dismissed.

Full report: Bailii

AVS v A NHS Foundation Trust [2010] EWHC 2746 (COP) (02 November 2010)

Patient suffers from sporadic CJD and is incapable of conducting his affairs. Court asked to decide whether it was in his best interests to continue administering a drug. Directions given regarding discovery, in particular medial records, and evidence, both lay and expert.

Full report: Bailii

M (A Child) [2010] EWCA Civ 1160 (28 September 2010)

Application by the mother of a young child (2 years 4 months) seeking permission to appeal a County Court order dismissing her application for leave to oppose the adoption of that child. Permission to appeal granted and the adoption proceedings stayed.

Full report: Family Law Week

Martin v Martin [2010] EWHC 2667 (Fam) (22 October 2010)

Highly contested ancillary relief application involving issues including disputed values of assets, the level of tax liabilities, the Husband's earning capacity, the proper division of the Husband's own works of art and whether they were gifted to the Wife. Husband ordered to pay 5 lump sums totalling the Wife's needs, plus periodical payments.

Full report: Bailii

Robson v Robson [2010] EWCA Civ 1171 (27 October 2010)

Husband ordered to pay lump sum of £8 million to the wife. Husband sought permission to appeal. Permission granted and lump sum reduced to £7 million.

Full report: Bailii

Mijuskovic v Montenegro (Application No 49337/07) (ECHR) (21 September 2010)

The father refused to return young children following holiday contact. After almost four years, the children were finally transferred to their mother's care. The mother alleged breaches of her human rights. Breach of Art 8 made out in delay in enforcement.

Report: Family Law

G v B [2010] EWHC 2630 (Fam) (25 October 2010)

Judgment containing guidance to the profession in helping it and the judges who conduct hearings under the Private Law Programme to understand CAFCASS's safeguarding responsibilities, and the duties which they owe under the Disclosure Protocol reached between CAFCASS and the Association of Chief Police Officers.

Full report: Bailii

A Local Authority v DL & Ors [2010] EWHC 2675 (Fam) (25 October 2010)

Ex parte application by local authority for an order to protect elderly parents from allegedly violent son living with them. Held, the court did have jurisdiction to make such an order, which was accordingly made.

Full report: Bailii

Law v Inostroza Ahumada [2010] EWCA Civ 1145 (6 October 2010)

Appeal in child maintenance case. Court of Appeal held that the Circuit Judge hearing an application for a declaration under s.55A Family Law Act 1986. had no jurisdiction to stay enforcement action by CMEC.

Full report: Family Law Week

R (A Child) [2010] EWCA Civ 1137 (1 September 2010)

Court of Appeal refused Father’s appeal against an order granting the Mother leave to remove their 5 year old son permanently to Australia.

Full report: Family Law Week

Radmacher (formerly Granatino) v Granatino [2010] UKSC 42 (20 October 2010)

Appeal before the Supreme Court concerning the question of whether the Court of Appeal erred in finding that pre-nuptial contracts ought to be given decisive weight, where entered into freely by both parties, in an assessment under section 25 of the Matrimonial Causes Act 1973; and also whether the Court of Appeal decision amounted to impermissible judicial legislation, in contravention of the decision of the Privy Council in MacLeod v MacLeod (Isle of Man) [2008] UKPC 64. Held (Lady Hale dissenting) that the Court of Appeal was correct to conclude that there were no factors which rendered it unfair to hold the husband to the agreement.

Full report: Family Law Week

HM (An Adult), Re [2010] EWHC 2107 (Fam) (09 August 2010)

Long-running proceedings in which the father abducted the incapacitated adult child and took her to Israel, in defiance of the court. Applications for costs orders against the father by the Official Solicitor, the States of Guernsey and the mother. Held, the father's misconduct entitled the court to order him to pay the costs.

Full report: Bailii

AP v TD [2010] EWHC 2040 (Fam) (18 October 2010)

Two children, with their mother, relocated permanently to Canada with the father's consent in January 2009. The parties agreed that issues of contact should continue to be dealt with in the English courts. Difficulties arose in relation to contact and the mother unilaterally obtained an order in Canada varying English contact order. The father now wishes the English order to be reinstated and/or enforced in the English courts and also seeks a residence order. The mother concedes that the English court has jurisdiction in relation to contact, but says that it should not exercise it, and that the proceedings in this jurisdiction should be stayed. Held that the court has jurisdiction under section 8 of the Children Act 1989 pursuant to Article 12(3) of Brussels II Revised.

Full report: Bailii

A v London Borough of Lambeth [2010] EWHC 2439 (Admin) (7 October 2010)

Judicial review claim against local authority regarding its alleged failure to assess the needs of a child leaving care. Held the Local Authority’s plans did not set out the Claimant’s likely needs in sufficient detail nor did they explain how, and by whom those needs would be met.

Full report: Family Law Week

A County Council v SB & Ors [2010] EWHC 2528 (Fam) (15 October 2010)

Care proceedings involving child who, on the local authority's case, is at risk of "honour" based violence if a care order is not made. Court ordered an honour related abuse assessment from an expert. Expert's report contained information which had influenced the expert, but which had not been disclosed. Issue of disclosure transferred to High Court. Held, disclosure should be made, with a proviso that there should be no onward disclosure by the parties beyond themselves, but with disclosure to the police being deferred to be dealt with by the District Judge hearing the care proceedings.

Full report: Bailii

G v E [2010] EWHC 2512 (COP) (11 October 2010)

Further judgment in proceedings brought by G concerning her younger brother E, a man aged 20 who suffers from severe disabilities and as a result lacks capacity. Applications for the appointment of deputies on behalf of E under the MCA, and for G to replace the Official Solicitor as E's litigation friend dismissed.

Full report: Bailii

R (SO) v London Borough of Barking & Dagenham [2010] EWCA Civ 1101 (12 October 2010)

Appeal by an eighteen year old asylum seeker against an order that the local authority was under no duty to accommodate him pursuant to s.23C(4)(c) of the Children Act 1989, as amended. Appeal allowed.

Full report: Family Law Week

A Father v Lancashire County Council [2010] EWHC 2503 (Fam) (30 July 2010)

Complex case involving 2 children, A & D, of whom the applicant is the father, but have different mothers. A lives with his mother and D lives with his maternal grandmother under a care order. The court made the following orders. (1) Upon the father's undertaking not to apply for contact with A until his 16th birthday, no order on the application by the father for permission to apply for contact or on A's mother's application for an extension of a 91(14) order. (2) All of the father's applications with regard to D under the Children Act 1989 are dismissed. (3) The father's application under the Human Rights Act is dismissed. (4) The Local Authority's application for a section 91(14) order precluding any further application by the father in respect of D is refused. (5) Any further application concerning D's care be transferred to the High Court.

Full report: Bailii

J v S (Leave to Remove) [2010] EWHC 2098 (Fam) (2 July 2010)

Japanese mother and Swedish father. Following divorce the mother decided she wanted to move with her children to Japan. Permission granted. Following a review of the authorities and recent developments, the court held that the mother's health would suffer if permission was refused.

Report: Family Law

J McB v LE (Case C-400/10 PPU) (5 October 2010)

The ECJ confirmed that a member state is not precluded from making the acquisition of rights of custody by an unmarried father dependent on obtaining a court order.

Report: Family Law

Re A-H (Children)[2010] EWCA (Civ Div) (24 September 2010)

The appellant mother appealed against care and placement orders made in care proceedings brought by the local authority in relation to eight of her nine ­children. Held: The judge’s extempore judgment was not of a sufficient standard. Appeal allowed and placement orders set aside.

Report: Law Society Gazette

This case has now been reported in full, as L-B (Children) [2010] EWCA Civ 1463, on Family Law Week.

D v R (Deputy of S) and S [2010] EWHC 2405 (4 October 2010)

Court of Protection: An application determining whether a party has the necessary mental capacity to decide if an action in the Chancery Division of the High Court should be continued. Court held the party did not have the necessary mental capacity.

Full report: Family Law Week

PCT v P, AH and The Local Authority [2009] EWHC (21 December 2009)

Issue was whether the carer or authority should assume care of vulnerable adult. Court concluded that the adult was to attempt independent living. Contact with carer to continue, although with some limitations.

Report: Family Law

Re A (a child) [2010] EWCA (Civ) (17 September 2010)

The appellant father appealed against a suspended committal order made against him so as to facilitate the enforcement of the payment of arrears of periodical payments to the respondent mother. Appeal dismissed.

Report: Law Society Gazette

Re H (children)[2010] EWCA (Civ) (22 September 2010)

The appellant appealed against a decision to refuse to grant her an indirect contact order with two children, who were her half-brother and half-sister. Appeal allowed.

Report: Law Society Gazette

Now fully reported, as H (Children) [2010] EWCA Civ 1200, on Family Law Week.

H v W [2010] EWHC (10 September 2010)

The wife issued a petition for judicial separation in the Italian courts and then issued a divorce petition in England. The husband challenged the jurisdiction of the English court. Held, the English court had jurisdiction.

Report: Family Law

T v T [2010] EWHC 2392 (Fam) (06 October 2010)

Application for variation of a Mareva injunction freezing the applicant's assets to the value of £500,000. The applicant sought a variation in that amount to £68,000. The respondent accepted that some variation was appropriate, but submitted that the variation should be down to £150,000. Held that the assets which are subject to the injunction be reduced to £150,000.

Full report: Bailii

Chief Constable & Anor v YK & Ors [2010] EWHC 2438 (Fam) (06 October 2010)

Directions given in forced marriage case, including the question of whether or not it is appropriate to invite the Attorney-General to appoint special advocates to enable affected parties to deal with information which the police do not wish to be disclosed. Held that the use of special advocates in forced marriage cases will be rare in the extreme, and were not called for in this case.

Full report: Bailii

Coventry City Council v X, Y and Z (Care Proceedings: Costs: Identification of Local Authority) [2010] EWHC B22 (Fam) (27 September 2010)

Leave given to a local authority to withdraw care proceedings in respect of three children. Local authority ordered to pay £50,000 towards the public funding costs of each parent (£100,000 in total).

Full report: Bailii

Neulinger and Shuruk v. Switzerland (Application no. 41615/07) (6 July 2010)

There would be a violation of the Article 8 rights of mother and child if the order for the child to be returned to Israel under the Hague Convention was enforced.

Report: Family Law

Full report: ECHR

Re X, Y and Z (Care Proceedings: Costs: Identification of Local Authority) [2010] EWHC (27 September 2010)

Care proceedings. Council withdrew "at the 11th hour". Judge ordered council to pay £100,000 in court costs.

Report: Family Law

J. M. v. the United Kingdom (Application no. 37060/06) (28 September 2010)

Child support assessment in 2001 that would have been reduced where the absent parent had entered into a new relationship, married or unmarried, but took no account of same-sex relationships held to be in violation of Article 14 (prohibition of discrimination) in conjunction with Article 1 of Protocol No. 1 (protection of property) to the European Convention on Human Rights.

Full report: ECHR

M (A Child) [2010] EWCA Civ 1030 (12 August 2010)

Care proceedings: Father appealed findings of fact that he had sexually abused 3 children. He sought to question the strength of the evidence upon which the findings were based. Appeal dismissed.

Full report: Family Law Week

T & M v OCC & C [2010] EWHC 964 (13 May 2010)

Adoption case considering whether a lesbian couple living separately were a couple within the meaning of the Adoption and Children Act 2002 and whether the adoption was justified by s.1 of the Act.

Full report: Family Law Week

Staffordshire County Council v VW [2009] EWHC 1982 (Fam) (28 July 2009)

The local authority claimed that certain of the child's unique symptoms were the result of rough handling by the family and applied for a care order. None of the allegations relied upon by the local authority were proved. It followed that the statutory threshold criteria in Children Act 1989, s 31 was not satisfied with respect to the child and the local authority's application for a care order was dismissed.

Report: Family Law

Warwick (Formerly Yarwood) v Trustee In Bankruptcy of Clive Graham Yarwood [2010] EWHC 2272 (Ch) (13 September 2010)

Husband and wife agreed that wife receive 75% of proceeds of sale of house and a share of husband's pension, but that share was not yet determined. No consent order was obtained. Husband made bankrupt and trustee sought 25% from wife. Held that as there was no full binding agreement the trustee was entitled to the 25%.

Full report: Bailii

W v W [2010] EWHC (29 June 2010)

The husband's failure to pay a lump sum and to pay arrears of child periodical payments and school fees was in contempt of an ancillary relief consent order.

Report: Family Law

WSCC v M & Ors [2010] EWHC 1914 (Fam) (30 July 2010)

Application by a local authority for permission to withdraw care proceedings pursuant to FPR 1991 4.5. Permission granted, notwithstanding the existence of evidence potentially capable of satisfying the requirements of Section 31(2) of the Children Act.

Full report: Bailii

ECC (The Local Authority) v SM (A Child) & Ors [2010] EWHC 1694 (Fam) (14 July 2010)

Application by the local authority for the placement of a child with kinship carers in the USA. Held that the court can give leave for the child to be removed to the USA for the purposes of the period required by Section 42 of the 2002 Act and that the taking up of such leave would not involve a breach of Section 85.

Full report: Bailii

K (Minors) (Foreign Surrogacy) [2010] EWHC 1180 (Fam) (28 May 2010)

Children conceived as a result of a commercial surrogacy agreement between the applicants and a married couple in India. Applicants instituted proceedings in this jurisdiction for a Parental Order under Section 30 of the Human Fertilisation & Embryology Act 1990. Proceedings adjourned whilst parents sought entry clearance for the children, who are still in India. Judge gave observations regarding the application, which may assist Entry Clearance Officer in deciding whether an order is likely to be granted.

Full report: Bailii

Sandler v Sandler & Lloyd Platt & Co [2010] EWHC 1415 (18 June 2010)

Ancillary relief costs. Competing claims against the wife’s proceeds of ancillary relief proceedings- the wife’s solicitors’ Sears Tooth agreement and the Husband’s application to set-off orders for costs. The Judge gave effect to the ‘set off’ claimed by the Husband.

Full report: Family Law Week

Dibble v Urs Bernhard Pfluger [2010] EWCA Civ 1005 (03 September 2010)

Engaged parties purchased property as tenants in common in equal shares. Claimant applied for an order for sale. The defendant did not oppose the sale but counter-claimed on the basis that he had an interest in a property owned by the claimant in Poland. An order was made for the property to be sold forthwith and for the net proceeds to be divided equally. The defendant appealed. The appeal was allowed and the case remitted to the County Court for a re-trial on certain findings of fact regarding the counterclaim - if the defendant does have an interest in the Polish property, then he must be bought out at the same time as the English property is sold.

Full report: Bailii

D (A Child) [2010] EWCA Civ 1000 (10 August 2010)

Care Proceedings: Whether the conclusions of a psychological assessment ought to prevail despite the absence of history of any significant ill treatment or harm and indeed over positive empirical evidence that mother and father had been observed to be coping sufficiently. The judge was entitled to prefer the factual evidence. Appeal dismissed.

Full report: Family Law Week

MC v Liverpool City Council [2010] EWHC 2211 (16 July 2010)

Assessment of age of claimant by reference to the Merton Guidelines.

Full report: Family Law Week

Sareen v Sareen [2010] EWCA Civ 951 (16 July 2010)

Application by the wife for permission to appeal ancillary relief order, fundamentally on the basis that the judge had attached too much importance to the voluntary division of assets effected by the husband six months after the divorce petition. Application dismissed.

Full report: Family Law Week

B v B [2010] EWHC 3422 (19 June 2010)

Ancillary relief. Husband named beneficiary of discretionary trust funds. Extent to which those were “financial resources” available to him. Wife sought award of £6.5m; husband proposed award of £3m. Wife awarded £4.5m, and substantial contribution to costs.

Full report: Family Law Week

Gourisaria v Gourisaria [2010] EWCA Civ 1019 (13 August 2010)

Appeal by husband against refusal to adjourn English ancillary relief proceedings to await the outcome of proceedings in India. Appeal dismissed.

Report: Family Law

A full report of this case is now available, on Family Law Week.

K v B [2010] EWHC 2151 (Fam) (13 July 2010)

The husband had acted unreasonably and his litigation conduct had been blameworthy. He was ordered to pay £17,000 of the wife's £28,500 costs.

Report: Family Law

Ashby v Killduff [2010] EWHC 2034 (Ch.) (30 July 2010)

TOLATA proceedings. Held that one property was not held in trust for the claimant but the claimant should receive some benefit by way of proprietary estoppel by virtue of contributions to renovations. The jointly owned investment property was (post severance of the joint tenancy) held as tenants in common subject to a trust that the claimant was responsible for all outgoings but entitled to income from it during his lifetime.

Full report: Family Law Week

Walsh v Singh (Costs) [2010] EWHC 1167 (Ch) (19 March 2010)

Cohabitee property dispute. The man's offer was better than the woman achieved, bringing CPR 36.14(1)(a) into play. However, no order for costs was made as the man's counterclaim failed, and in the light of his conduct.

Report: Family Law

MA v DB [2010] EWHC (25 May 2010)

The question arose whether the court could make residence and contact orders within Hague proceedings, which were not family proceedings within Children Act 1989.

Report: Family Law

This case has now been fully reported, as A v B [2010] EWHC (27 May 2010), on Family Law Week, and as MA v DB [2010] EWHC B21 (Fam) on Bailii.

Warwickshire County Council v TE & Ors [2010] EWHC B19 (Fam) (11 August 2010)

Residence of 12-year-old child transferred from mother to father. Child opposed to transfer and all attempts to implement the change of residence failed. Parents eventually agreed that there should be a residence order in favour of the mother; that there should be a supervision order in favour of the local authority for one year; that the father have indirect contact only and that pursuant to s.91(14) Children Act 1989 neither parent shall, without the permission of the court, make any further application in respect of the child until he has reached the age of 16. The court approved an order in these terms.

Full report: Bailii

Povse v Alpago (Case C-211/10) (European Court of Justice; 1 July 2010)

Held that the Italian court had retained jurisdiction concerning the child, and its certified order for return must be enforced in Austria.

Report: Family Law

Kaur v Matharu [2010] EWCA Civ 930 (23 June 2010)

Ancillary relief case involving an alleged third party TOLATA claim by a relative of the Husband. On appeal, the Circuit Judge had permitted oral evidence in support of the TOLATA claim. The Court of Appeal held that the Circuit Judge had been wrong to do so and in the course of the judgment reviews the law on admission of fresh evidence in appeals.

Full report: Family Law Week

Gineitiene v Lithuania (Application No 20739/05) (27 July 2010)

The court ordered that both children to live with the father based on the child's expressed wishes. The mother asserted this was discrimination against her religious beliefs. The mother's human rights claim was dismissed.

Report: Family Law

Re H (Leave to Remove) [2010] EWCA Civ 915 (19 May 2010)

Appeal by father against order granting mother leave to relocate to the Czech Republic. Appeal dismissed.

Report: Family Law

A full report is now available on Family Law Week.

Jones v Jones [2010] EWCA Civ 890 (24 June 2010)

Wife’s application for permission to appeal Charles J’s order within ancillary relief proceedings. Permission to appeal on specified grounds granted with judicial encouragement to resolve the matter by court-led mediation.

Full report: Family Law Week

M (A Child) [2010] EWCA Civ 888 (22 June 2010)

An appeal against an order made in September 2009 permitting a father to take a 7-year old child on holiday to France and/or Cameroon. Appeal allowed.

Full report: Family Law Week

M (Children) [2010] EWCA Civ 845 (22 June 2010)

Appeal against care and placement orders by a young mother who had a close relationship with her two children. The Court concluded that living at the maternal grandparents’ home was likely to cause emotional harm to the children but that it was not practical for the mother and children to live alone. Appeal dismissed.

Full report: Family Law Week

GR & Ors (Children), Re [2010] EWCA Civ 871 (29 July 2010)

Application by local authority for permission to appeal against refusal to grant interim care orders in respect of two younger children, such orders having been made in respect of two older children. Application granted but appeal dismissed.

Full report: Bailii

R (Green) v Secretary of State for the Department of Work and Pensions [2010] EWHC 1278 (Admin) (16 July 2010)

Father paid school fees. Mother applied for child support. CSA assessed the amount due as £74.70 per week, without making any allowance for the school fee payments. The father's judicial review application was allowed.

Report: Family Law

Tchenguiz & Ors v Imerman [2010] EWCA Civ 908 (29 July 2010)

Interlocutory appeals against: (1) An order made by Eady J in the Queen's Bench Division requiring the return to the husband of all copies of documents obtained by the wife's brother from the husband's server; and (2) An order made by Moylan J in the Family Division that the documents should be handed back to the husband for the purpose of enabling him to remove any material for which he claimed privilege, but that the husband would then have to return the remainder of the documents to the wife for use by her in connection with ancillary relief proceedings. The order made by Eady J was upheld and the order made by Moylan J was varied to provide that the documents should be returned to the husband, and that one complete copy of the material should remain for the time being with his solicitors, in case it includes documents which are disclosable in the ancillary relief proceedings.

Full report: Bailii

Butt v Butt [2010] EWHC 1989 (Fam) (27 July 2010)

The essential question was whether the courts of England and Wales should continue to assert any jurisdiction in relation to future arrangements, including access or contact, concerning a boy now aged three, who is a German national and is habitually resident in Germany. Held that they should not, and all proceedings in England and Wales were dismissed.

Full report: Bailii

RT v LT & Anor [2010] EWHC 1910 (Fam) (27 July 2010)

Proceedings under the Mental Capacity Act 2005 where the preliminary question was whether or not a 23 year-old woman lacked the capacity to make decisions: (1) about where she should live; and (2) what contact she should have with members of her family. Held that she did lack capacity in these respects.

Full report: Bailii

F (Children) [2010] EWCA Civ 826 (15 June 2010)

Successful appeal to the Court of Appeal -overturning an order for interim care orders and a refusal of permission to instruct an independent social worker.

Full report: Family Law Week

McG v Neath County Borough Council [2010] EWCA Civ 821 (16 July 2010)

Appeal by mother against care and placement orders. Appeal allowed, interim care orders made, finding made of sexual abuse in respect of one of the children was set aside. Transfer to the High Court for directions.

Full report: Family Law Week

Re M [2010] EWHC (2 July 2010)

Contact application by father. Both parents resided in England, but the child lived with the maternal grandparents in Portugal. Held, the child was habitually resident in Portugal and the father's application was therefore dismissed on grounds of jurisdiction.

Report: Family Law

Weiner v Weiner [2010] EWHC 1843 (Fam) (15 July 2010)

Divorce jurisdiction lay with the courts of both England and Wales and Sweden, and the issue was which court was first seised. Held that the English court was the first seised.

Full report: Bailii

A v A Local Authority [2009] EWCA Civ 1057 (14 October 2009)

Appeal by mother against order to disclose sensitive material to father within care proceedings prior to completion of a risk assessment of the consequences of disclosure. Appeal allowed.

Full report: Family Law Week

A Local Authority v A [2010] EWHC 1549 (Fam) (24 June 2010)

Interim application in the Court of Protection for declarations as to the capacity and best interests of a vulnerable adult woman. Application refused.

Full report: Family Law Week

P [2010] EWHC 1592 (13 May 2010)

Application in the Court of Protection for appointment as deputies as to welfare and finance in respect of vulnerable adult. Application granted, subject to conditions.

Full report: Family Law Week

R (C) v Nottingham City Council [2010] EWCA Civ 790 (1 July 2010)

Appeal in judicial review proceedings against decision that local authority did not owe duties to the claimants under sections 23A, 23B and 23C of the Children Act 1989. Appeal refused.

Full report: Family Law Week

S (A Child) [2010] EWCA Civ 786 (27 May 2010)

Application by mother for permission to appeal against various orders under the Children Act 1989, including residence order and specific issue orders. Application refused.

Full report: Family Law Week

G v E & Ors [2010] EWCA Civ 822 (16 July 2010)

Appeal against interim orders made in Court of Protection proceedings raising the issue as to whether the judge right to reject the appellant's submission that Article 5 of the European Convention on Human Rights places distinct threshold conditions which have to be satisfied before a person accepted to be lacking capacity can be detained in his or her best interests under the statutory regime established by the Mental Capacity Act 2005. Appeal dismissed.

Full report: Bailii

Goluboviv v Golubovic [2010] EWCA Civ 767 (13 July 2010)

HUSBAND AND WIFE - Divorce - Recognition of foreign decree - Husband and wife domiciled in Russian Federation but resident in United Kingdom - Divorce proceedings brought by husband in Moscow and wife in London - Race to obtain divorce first without hearing on convenient forum - First decree granted in Moscow - Whether appropriate for English court to refuse recognition of divorce decree on ground of public policy - Family Law Act 1986, s 53(1)(c).

Report: ICLR

A full report with the citation Golubovich v Golubovich [2010] EWCA Civ 810 may now be found on Family Law Week.

FZ v SZ [2010] EWHC 1630 (Fam) (05 July 2010)

Highly-contested big money ancillary relief case involving Hildebrand documents, accusations of conduct, valuation of business assets, variation of a post-nuptial settlement and non-matrimonial property. Order made that the matrimonial property be shared equally.

Full report: Bailii

CF v KM [2010] EWHC 1754 (Fam) (13 July 2010)

Appeal from a dismissal of an application by the Appellant Mother made under Schedule 1 of the Children Act 1989 for a lump sum payment for the benefit of her daughter to meet, or to contribute to, (a) the costs of the Schedule 1 claim and (b) proceedings under the Children Act 1989 relating to where the child should be educated and where she should live. Appeal allowed and lump sum order made.

Full report: Bailii

S (A Child), Re [2010] EWHC 1669 (Fam) (25 June 2010)

The child was born in this country. The father is a British citizen of Pakistani origin. The mother is a Pakistani citizen, and was living in this country on a spousal visa. The mother alleged that the father and his family purposely arranged for her to be stranded in Pakistan so that the child would live with them in this country. The court found that they had.

Full report: Bailii

LA v SB & Ors [2010] EWCA Civ 1744 (12 July 2010)

Application by local authority for permission to withdraw care proceedings. Application granted.

Full report: Bailii

W (A Child) [2009] EWCA 1597 (18 March 2009)

Application for permission to appeal against order that there be no fact-finding exercise into child's death. Application refused.

Full report: Family Law Week

R (A) v London Borough of Lambeth [2010] EWHC 1652 (7 July 2010)

This case is concerned with an application for judicial review in which the Claimant, A, seeks a declaration that the Defendant, The London Borough of Lambeth, had failed to assess A’s needs and to produce a pathway plan as required by The Children (Leaving Care) (England) Regulations 2001 and further, a mandatory order requiring the Defendant to assess A’s needs and to produce a plan as required by the Regulations.

Full report: Family Law Week

CG v IF [2010] EWHC 1062 (12 May 2010)

This case dealt with an application by a Husband pursuant to section 13 of the Matrimonial & Family Proceedings Act 1984 for leave to make an application for financial relief following a Swiss divorce. Application dismissed.

Full report: Family Law Week

P v G [2010] EWHC 1311 (Fam) (30 April 2010)

Application by father under the Family Law Act 1986, section 5 for stay of Children Act proceedings on the basis that matter should be heard in Scotland, not England. Application granted.

Full report: Family Law Week

Constantinou v Wilmot-Josife [2010] EWCA Civ 747 (9 June 2010)

An appeal in the context of proceedings under the Inheritance (Provision for Family and Dependants) Act 1975. Appeal dismissed.

Full report: Family Law Week

Smith v Cooper [2010] EWCA Civ 722 (25 June 2010)

Cohabitation dispute: The issue on appeal was whether or not the presumption of undue influence was successfully rebutted, and if not rebutted what the consequences are as regards setting aside transactions.

Full report: Family Law Week

TG (Relocation) [2009] EWHC (4 November 2009)

Private law children. An application by mother to relocate to a non Hague Convention country, Indonesia, together with father’s application for shared residence. Permission to relocate refused since mother’s proposals were incompatible with the child’s welfare. Shared residence ordered to reflect the reality of arrangements but over and above that the quality of the relationship between the father and the child, and his commitment.

Full report: Family Law Week

A v East Sussex County Council & Ors [2010] EWCA Civ 743 (02 July 2010)

Claim for damages by mother under Section 7 of the Human Rights Act 1998 against local authority and police after her child was removed because of fears which proved groundless. Claim dismissed and mother sought permission to appeal. Permission granted, but appeal dismissed.

Full report: Bailii

HM (An Adult), PM v KH & Anor [2010] EWHC 1579 (Fam) (24 June 2010)

Adult child lacking capacity - parents divorced - court ordered that it was not in the child's best interests to reside with either parent - father removed the child to Israel - after the return of the child to this country, the court made various orders designed to enable the child to become settled in her new placement and to ensure that she is safe and not again abducted by her father.

Full report: Bailii

Re F (Care Proceedings: Interim Care Order) EWCA [2010] (15 June 2010)

Judge granted an application for an interim care order and refused parents' application for leave to instruct a social worker. Parents appealed. Appeal allowed.

Report: Family Law

S (A Child) [2010] EWCA Civ 705 (23 February 2010)

Appeal by against an order that provided for a child to be ‘cared for’ by her father at various days and times. Appeal allowed.

Full report: Family Law Week

A Local Authority v A (A Child)& Anor [2010] EWHC 978 (Fam) (04 May 2010)

Two linked cases involving a child and an adult, both suffering from Smith Magenis Syndrome, and both in the care of their parents. The issue before the court was whether the circumstances of their domestic care by their families in the family home involve a deprivation of liberty engaging the protection of Article 5 of the European Convention for the Protection of Human Rights. Held that neither was being deprived of their liberty.

Full report: Bailii

M v V [2010] EWHC 1453 (Fam) (23 June 2010)

Mother applied for financial provision under Schedule 1 of the Children Act. Father opposed the application on the basis that the court did not have jurisdiction due to an agreement that the parties had entered into in France. Held, the English court did not have jurisdiction, and the summons was dismissed.

Full report: Bailii

T v B [2010] EWHC 1444 (Fam) (16 June 2010)

Lesbian couple had a child together by way of artificial insemination. A shared residence order was made, under which the ex-partner acquired parental responsibility. The mother applied for financial relief from the ex-partner. Held that the lesbian ex-partner was not a parent in the legal sense and therefore an order could not be made under Schedule 1 Children Act 1989.

Report: Family Law

A full report may now be found on Family Law Week.

Re X, Y and Z (Children) [2010] EWHC (19 February 2010)

Application by local authority to withdraw from proceedings, under FPR r 4.5, for interim care of three children. Local authority ordered to contribute to the costs of the parents.

Full report: Family Law Week

Fisher-Aziz v Aziz [2010] EWCA 673 (19 May 2010)

Ancillary relief. The significant issue at trial and on the first and second appeal was whether the former matrimonial home ought to be transferred into the occupier wife’s sole name in preference to sale and receipt of the proceeds of sale. Appeal allowed.

Full report: Family Law Week

P (A Child) [2010] EWCA 672 (20 May 2010)

Care Proceedings. Whether it is open to a judge conducting a fact finding hearing in Children Act proceedings to make a finding in general terms that it is probable a party has behaved towards and touched a child in an inappropriate sexual manner. Appeal dismissed.

Full report: Family Law Week

Nowak v Poland [2009] ECHR (App No 11118/06) (8 June 2009)

Father alleged that failure to facilitate contact was a breach of Art 8. Held, there was no violation of Art 8. The authorities had taken all necessary steps to facilitate contact such as could reasonably be demanded in the circumstances.

Report: Family Law

Dolhamre v Sweden [2009] ECHR (App No 67/04) (8 June 2009)

Children taken into care after eldest child alleged physical and sexual abuse by the father. Care orders terminated after child retracted all allegations. Parents alleged breaches of Art 8. Held that the proceedings were fair and there was no breach of Art 8 rights.

Report: Family Law

London Borough of Lewisham v D & Ors [2010] EWHC 1239 (Fam) (29 March 2010)

Application within care proceedings by Local Authority seeking disclosure from the Commissioner of Police of the Metropolis of the result of the matching of the DNA of the children with that of the DNA of the Respondent. Application dismissed.

Full report: Bailii

London Borough of Lewisham v D & Ors [2010] EWHC 1238 (Fam) (17 February 2010)

Application by Metropolitan Police Commissioner within care proceedings for disclosure of DNA evidence. Application granted.

Full report: Bailii

AA v NA & Ors [2010] EWHC 1282 (Fam) (10 June 2010)

Appeal by father against fact finding decision in residence and contact proceedings. Appeal allowed and all of the findings set aside.

Full report: Bailii

AR (A Child: Relocation), Re [2010] EWHC 1346 (Fam) (10 June 2010)

Father's application for residence and mother's application for leave to remove child permanently to live with her in France. both applications refused.

Full report: Bailii

D County Council v LS [2010] EWHC 1544 (Fam) (15 June 2010)

Court of Protection judgment dealing with issues of capacity to consent to sexual relations and marriage.

Full report: Bailii

LAB v KB [2009] EWHC 2243 (21 August 2009)

Father wrongfully removed children to England from Spain - mother obtained a Spanish residence order more than 3 years after the abduction - Held that the Spanish order be recognised, notwithstanding the passage of time.

Report: Family Law

K v L [2010] EWHC 1234 (13 May 2010)

Wife's pre-marriage inheritance, which had never intermingled with other assets throughout a 21 year marriage, held to be a good reason for departing from equality.

Report: Family Law

(Originally reported as H v B.)

A full report may now be found on Family Law Week.

H v Mitson & Others [2009] EWHC 3114 (1 December 2009)

Appeal and cross appeal in proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). The court considered whether the failure of a mother to make any provision for her adult daughter from whom she had been estranged for 26 years was reasonable provision under the Act.

Full report: Family Law Week

M v M (Divorce: Domicile) [2010] EWHC (29 January 2010)

Wife issued a divorce petition in England on the basis of her English domicile of origin. The issue was whether she had in fact acquired and maintained domicile of choice in Denmark. Held that she had not.

Report: Family Law

Re U (Abduction: Nigeria) [2010] EWHC 1179 (Fam) (14 May 2010)

Mother abducted children from Nigeria and brought them to England, alleging that she was a victim of domestic violence. Father sought summary return. Summary return ordered.

Report: Family Law

SA v KCC [2010] EWHC 848 (Admin) (7 May 2010)

Judicial review proceedings brought on behalf of 15 year old by her grandmother as her litigation friend against the local authority. The proceedings concern the status of A and whether A was a child in need or a looked after child.

Full report: Family Law Week

Oxfordshire County Council v X, Y & J [2010] EWCA 581 Civ (27 May 2010)

Appeal against an order requiring, against their wishes, the adopted parents of a child to send to the child’s natural parents an annual photograph. Appeal allowed.

Full report: Family Law Week

In re A (Children) (Abduction: Interim Powers) [2010] EWCA Civ 586 (27 May 2010)

CHILDREN — Custody rights — Breach — Mother removing children from Irish Republic to England — Mother illegal immigrant — Husband issuing summons for return order — Judge making order requiring accommodation for mother and children in interim — Whether court having power to direct local authority to provide accommodation — Child Abduction and Custody Act 1985, s 5

Report: ICLR

This case has now been fully reported, as EA v GA and others [2010] EWCA Civ 586, on Family Law Week.

DH NHS Foundation Trust v PS [2010] EWHC 1217 (Fam) (26 May 2010)

NHS Trust application for declarations designed to ensure that a 55 year-old woman with learning difficulties who is suffering from cancer undergoes the necessary surgery, despite her hospital phobia. Application granted.

Full report: Bailii

Kernott v Jones [2010] EWCA Civ 578 (26 May 2010)

Unmarried couple purchased home in equal shares - parties separated in 1993 - respondent remained in property and paid all outgoings - in 2007 the respondent issued proceedings seeking a declaration that she owned the entire beneficial interest in the property - judge decided that the value of the property should be divided as to 90% for the respondent and 10% for the appellant - decision upheld on first appeal - appellant appealed to Court of Appeal - appeal allowed.

Full report: Bailii

Child Support Agency v Forrest [2010] EWHC 1264 (14 May 2010)

The defence of self-incrimination or protection from incrimination of another person was not in principle capable of constituting a defence of reasonable excuse for failure to comply with a request for information made by the Child Support Agency.

Report: Family Law

A full report may now be found on Family Law Week

Re W (Children) [2010] EWCA Civ 537 (20 May 2010)

Application for permission to appeal an order refusing to set aside a finding that the applicant had raped his step-daughter despite the applicant being acquitted of raping her. Application refused.

Full report: Bailii

H (A Child), Re [2010] EWCA Civ 789 (20 May 2010)

Application for permission to appeal against grant of permission for the mother and child to relocate to Australia. Application granted; appeal dismissed.

Full report: Bailii

ES v AJ & Anor [2010] EWHC 1113 (Fam) (19 May 2010)

Application in wardship proceedings made by the mother for an order against their father that the children be returned forthwith to the jurisdiction of England and Wales and into her care and control. Application dismissed after it was found that the children were now habitually resident in the Cameroons.

Full report: Bailii

B v B [2010] EWHC 193 (15 January 2010)

Ancillary relief case where the principal issue was the extent to which substantial post-separation income should be brought into account in assessing the wife’s award.

Full report: Family Law Week

D (Children) [2010] EWCA 496 Civ (7 April 2010)

Appeal by mother against residence order in favour of paternal grandparents following intractable contact dispute. Appeal dismissed.

Full report: Family Law Week

De Bruyne v De Bruyne & Ors [2010] EWCA Civ 519 (13 May 2010)

Appeal by wife following the hearing of two preliminary issues in ancillary relief proceedings relating to whether certain shares were the assets of a trust or were available for distribution in the ancillary relief proceedings. Appeal dismissed.

Full report: Bailii

W (Minors) [2010] EWCA Civ 520 (12 May 2010)

Application by father for permission to appeal against an order refusing his application for an order under the Child Abduction and Custody Act 1985 that the three children of himself and the Respondent mother be returned forthwith to Ireland. Permission refused.

Full report: Bailii

JKN v JCN [2010] EWHC 843 (Fam) (19 April 2010)

Wife issued divorce petition here - husband then issued divorce proceedings in New York and applied to stay the divorce proceedings here to allow the New York proceedings to proceed. The court decided that New York was the more appropriate forum and granted the stay, subject to certain terms.

Full report: Bailii

PM v KH & Anor [2010] EWHC 870 (Fam) (30 April 2010)

Adult child lacking capacity - parents divorced - court ordered that it was not in the child's best interests to reside with either parent - father removed the child to Israel - the court then made various orders designed to secure the return of the child to this country, including an order freezing the father's assets in this jurisdiction.

Full report: Bailii

S (A Child) [2010] EWCA 465 (25 March 2010)

Application to set aside wardship and ancillary orders including return to the UK. Wardship upheld but order requiring return stayed pending determination of proceedings for interim care.

Full report: Family Law Week

Brookes v Sec of State for Works and Pensions [2010] EWCA 420 (29 April 2010)

Judicial Review application re Child Maintenance and Support Commission’s decisions to instruct bailiffs/apply for committal/disqualification for assessed arrears where the welfare of children of the family may be affected and alleging breach of Article 8 ECHR. Application refused.

Full report: Family Law Week

K (A Child) [2010] EWCA 478 (23 March 2010)

Application by father for permission to appeal, with appeal to follow, an order refusing him direct supervised contact with daughter. Application granted and appeal allowed.

Full report: Family Law Week

G (A Child) [2010] EWCA 470 (13 January 2010)

Appeal by a father against an order that he was to have no contact with his daughter and was not to make an application for contact or residence without the court’s permission for a period of five years. Appeal allowed and period of two years substituted during which indirect contact would be permitted.

Full report: Family Law Week

N v N [2010] EWHC 717 (Fam) (28 April 2010)

Wife's application for ancillary relief in big money case. Husband's inherited and gifted assets provided a "good reason" for a departure from equality in the application of the sharing principle, with the result that the wife received 32% of the total assets.

Full report: Bailii

H (A Child) [2010] EWCA Civ 448 (19 February 2010)

Appeal against a contact order in favour of father concerning a 4 1/2 month old child. Appeal allowed.

Full report: Family Law Week

S (Children) [2010] EWCA Civ 447 (11 March 2010)

Intractable contact dispute. Appeal against the conditions included in a contact order. Appeal allowed.

Full report: Family Law Week

RW v SW [2010] EWCA Civ 457 (29 April 2010)

Application by father for permission to appeal against contact and s.91(14) orders. Application heard by a single Lord Justice but adjourned to a full court.

Full report: Bailii

Richards, R. v [2010] EWCA Crim 835 (09 March 2010)

Appellant convicted for breach of a non-molestation order. Judge directed the jury that the burden was upon the appellant to prove that he had a reasonable excuse for doing what he did. Held, the burden was on the Crown and the conviction was therefore quashed.

Full report: Bailii

M (Children) [2010] EWCA Civ 67 (10 February 2010)

Appeals against finding of fact that a father had stabbed a mother, refusals to to allow permission to appeal, a residence order in favour of the mother and a finding that the threshold criteria under the Children Act 1989 section 31 had not been met. Appeals dismissed.

Full report: Family Law Week

CJ v Flintshire CC [2010] EWCA Civ 393 (15 April 2010)

Appeal by father, who was imprisoned for breaches of an injunction in care proceedings not to contact any of his daughters who were still minors, against refusal to order immediate discharge from prison. Appeal dismissed.

Full report: Family Law Week

S (Minors), Re [2010] EWCA Civ 421 (22 April 2010)

Application by a mother for permission to appeal against the removal of her two children into short-term foster care. Permission granted and appeal allowed.

Full report: Bailii

Re D (a child): CA (Civ Div) (8 April 2010)

Appeal by father against a decision permitting the respondent mother to remove their child, who was nearly five, from the jurisdiction of England and Wales. Appeal allowed.

Report: Law Society Gazette

F (A Child) [2010] EWCA Civ 375 (12 March 2010)

Application by father for permission to appeal, with appeal to follow, care order. Application granted and appeal allowed.

Full report: Family Law Week

A v Independent News & Media [2010] EWCA Civ 343 (31 March 2010)

Appeal by the Official Solicitor against order allowing the press limited access to hearings under the Mental Capacity Act 2005 involving a gifted, well known but severely disabled adult. Appeal dismissed.

Full report: Family Law Week

B (Children) [2010] EWCA Civ 363 (17 February 2010)

Appeal against refusal to allow the Official Solicitor to appoint an expert child and family psychiatrist when acting as guardian for parents in care proceedings. Appeal allowed.

Full report: Family Law Week

EH v London Borough of Greenwich & Ors [2010] EWCA Civ 344 (09 April 2010)

Appeal against care and placement orders. Appeal allowed. Care and placement orders set aside and case returned to the judge for further consideration.

Full report: Bailii

D (A Child), Re [2010] EWCA Civ 593 (08 April 2010)

Application for permission to appeal against an order granting the mother permission to remove the child permanently to Australia. Application refused.

Full report: Bailii

Edwards v Edwards [2010] EWHC 652 (Ch) (11 March 2010)

Judgment arising from enforcement of a charging order against the matrimonial home where the wife had forged the husband's signature on a mortgage. An order for possession and sale under section 14 of TLATA was made in favour of the bank.

Full report: Family Law Week

Child Maintenance and Enforcement Commission v Mitchell [2010] EWCA Civ 333 (30 March 2010)

Appeal by CMEC against an order that the Limitation Act 1980 applies to an application pursuant to section 39(a) of the Child Support Act 1991. Appeal allowed.

Full report: Bailii

S (A Child) [2010] EWCA Civ 325 (17 March 2010)

Appeal against an order requiring a mother to hand over her son to the father's residence, or if she failed to do so, that the Tipstaff would effect the transfer. Appeal allowed.

Full report: Family Law Week

Miller Smith v Miller Smith (No 2) [2009] EWHC 3623 (Fam) (7 December 2009)

Application by wife for delay in pronouncing decree absolute pending conclusion of the ancillary relief proceedings. Application refused.

Full report: Family Law Week

I (A Child) [2010] EWCA Civ 319 (17 February 2010)

Application by parents for permission to appeal, with appeal to follow, against refusal to set aside a judgment concerning findings that the mother of a child by a previous father had injured her first eldest daughter. Application granted but appeal dismissed.

Full report: Family Law Week

Vaughan v Vaughan [2010] EWCA Civ 349 (31 March 2010)

Appeal by wife against the termination of her periodical payments. Appeal allowed and husband ordered to make to the wife a lump sum payment of £215,000 on or before 21 July 2010 and, until payment thereof, interim periodical payments at the rate of £14,000 pa with effect from 3 November 2009.

Full report: Bailii

B (Children), Re [2010] EWCA Civ 324 (30 March 2010)

Interim care order made to enable a judge to remove children temporarily from their mother's care in order for an assessment to be made as to the mother's capacity to care for and protect the children. Mother applied for permission to appeal. Application granted, but appeal dismissed.

Full report: Bailii

Ahmed v Khan [2010] EWCA Civ 290 (23 March 2010)

Applications for permission to appeal by husband and associates refusal to strike out wife's pleadings that shares and assets in family companies were held on constructive trust for the husband. Applications refused.

Full report: Family Law Week

R (A Child) [2010] EWCA Civ 303 (9 February 2010)

Appeal by mother against shared residence order on the grounds that it may have been made as a result of procedural unfairness. Appeal dismissed.

Full report: Family Law Week

Barrett v Kirklees Metropolitan Borough Council [2010] EWHC 467 (Admin) (12 March 2010)

Application by special guardian for a fresh assessment of the allowances payable to her. A new assessment backdated to March 2006 was ordered.

Full report: Family Law Week

Hewett v First Plus Financial Group Plc [2010] EWCA Civ 312 (24 March 2010)

Appeal by former wife against possession order on the basis of undue influence or misrepresentation, her former husband having failed to disclose to her an affair which led to their divorce, when persuading her to join with him in the execution of the mortgage. Appeal allowed and mortgage set aside.

Full report: Bailii

Wade v Baylis [2010] EWCA Civ 257 (23 March 2010)

Property in sole name of woman - man claimed 50% share - claim dismissed - man sought permission to appeal, primarily challenging the judge's findings of fact - permission refused.

Full report: Bailii

Lv K (Jud re Costs) [2009] EWCH 2213 (4 June 2009)

Judgment concerning costs in ancillary relief proceedings involving conduct, inherited wealth and post-nuptial agreements and where the husband had been convicted and jailed for sexually abusing his step-granddaughters. The husband was ordered to pay a £50,000 contribution to the wife's costs because of his conduct in the proceedings.

Full report: Family Law Week

L v K (Jud) (4 June 2009)

Judgment in ancillary relief proceedings involving conduct, inherited wealth and post-nuptial agreements where the husband had been convicted and jailed for sexually abusing his step-granddaughters and the main family wealth was inherited by the wife. There was no award made to the husband.

Full report: Family Law Week

S (A Child) [2010] EWHC B2 (Fam) (3 March 2010)

Hearing concerning arrangements for the transfer of the child from the mother to the father, following the making of a residence order in favour of the father. Order made providing for mother to deliver the child to the father, failing which there be a Collection Order empowering the Tipstaff to collect the child on the following day.

Full report: Bailii

R v R [2009] EWHC 1267 (Fam) (9 July 2009)

Judgment in big money ancillary relief proceedings following a 22 year marriage, involving substantial inherited wealth, family companies and partnerships. The wife was awarded roughly £7.5m.

Full report: Family Law Week

C (Children) [2010] EWCA Civ 239 (4 February 2010)

Application by father for permission to appeal, with appeal to follow, order in private law proceedings requiring him, at a scheduled hearing, to disclose information relating to communications and meetings with his local MP. Application granted, appeal refused.

Full report: Family Law Week

S (A Child) [2010] EWCA Civ 219 (21 January 2010)

Application for permission to appeal by mother against an order transferring residence of a child to the father, primarily on the grounds that there was no evidence to sustain the judge's change of attitude on the matter. Application refused.

Full report: Family Law Week

N (A child) [2009] EWCA Civ 1563 (2 April 2009)

Appeal against findings of fact where the appellants had been found to be possible perpetrators of injuries to a child of a friend. Appeal dismissed.

Full report: Family Law Week

D v D [2010] EWHC 138 (Fam) (11 March 2010)

Ancillary relief application involving a company effectively owned by the husband, and valued at between £6.5m and £8.4m. In a long judgment Mr Justice Charles considered the difficulties associated with such an asset. He held that the underlying premise of the award should be that the company is to continue to trade and be managed by the husband. He further held that the company could not fund an immediate clean break. The husband could raise a lump sum of £1.5m. Accordingly, an award was made comprising a transfer of the matrimonial home (worth £945,000) to the wife, the payment of a lump sum of £1.5m to the wife, and the payment of periodical payments at the rate of £44,000 per annum to the wife.

Full report: Bailii

A v L [2010] EWHC 460 (Fam) (11 March 2010)

Unreasonable behaviour petition by wife. Husband defended and sought to have the hearing vacated on the grounds that he had already obtained a divorce in Egypt. The court refused to recognise the Egyptian judgment and granted the wife a decree nisi.

Full report: Bailii

Doctor A & Ors v Ward & Anor [2010] EWHC 538 (Fam) (15 March 2010)

Amendment of earlier order under the 'slip rule'.

Full report: Bailii

Birmingham City Council v AG and others [2009] EWHC 3720 (Fam) (6 March 2010)

Judgment in care proceedings relating to threshold criteria where one of six children in a family had been suspected of starving to death.

Full report: Family Law Week

W v W [2010] EWHC 332 (Fam) (4 March 2010)

Application by father for return of three children to the Republic of Ireland under the Hague Convention. Application failed.

Full report: Family Law Week

Wakefield MDC v The Media and others [2010] EWHC 262 (Fam) (5 February 2010)

Application by parents of adopted children to lift or vary injunctions preventing them from publicising what they consider were the injustices they had suffered.

Full report: Family Law Week

Child Maintenance and Enforcement Commission v Beesley & Anor [2010] EWHC 485 (Ch) (11 March 2010)

NRP entered into IVA under which his creditors would receive a total of 27p in the pound over a period of 5 years in full and final settlement of his liabilities. 94% of his debts were represented by arrears of child maintenance. Held, CMEC was a creditor for the purposes of the IVA, but an Order made pursuant to IA, s.262 revoking the approval given to NRP's IVA proposal on the ground that the terms of the IVA were unfairly prejudicial to CMEC.

Full report: Bailii

Francis v Francis [2010] EWCA Civ 182 (9 February 2010)

Application by husband for permission to appeal a second time an order in ancillary relief proceedings. Application granted in part on the ground that it raised an important question about the nature of a rehearing and when to apply Barder rules.

Full report: Family Law Week

Marano v Marano [2010] EWCA Civ 119 (23 February 2010)

Appeal by wife against a lump sum order in ancillary relief proceedings where the value of the husband's property developments had fallen dramatically between filling of Form E and the trial. Appeal dismissed.

Full report: Family Law Week

Lyons v Lyons [2010] EWCA Civ 177 (21 January 2010)

Application by wife for permission to appeal, with appeal to follow, an order in ancillary relief proceedings where, in a clean break, the husband was allowed time to rearrange security charged against properties owned by the wife. Application granted and appeal allowed in part.

Full report: Family Law Week

Agbaje v Akinnoye-Agbaje [2010] UKSC 13 (10 March 2010)

Appeal by wife against decision of Court of Appeal to dismiss the wife's order for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. Appeal allowed.

Full report: Bailii

A (A Child) [2009] EWCA Civ 1548 (14 December 2009)

Application by father for permission to appeal, with appeal to follow, orders in contact proceedings including a s91(14) order. Permission was granted and the appeal relating to the s91(14) order was allowed.

Full report: Family Law Week

W (Children) [2010] UKSC 12 (3 March 2010)

Appeal to the Supreme Court by father in care proceedings relating to five children. At issue were the principles guiding the exercise of the court’s discretion in deciding whether to order a child to attend to give evidence in family proceedings. Appeal allowed.

Full report: Family Law Week

K v L [2010] EWCA Civ 125 (15 January 2010)

Application by husband for permission to appeal an order in ancillary relief proceedings in circumstances where he had been found guilty of sexually abusing his step grand daughters. Application refused.

Full report: Family Law Week

Di Matteo v Marcus Lee & Co [2010] EWHC 312 (QB) (21 January 2010)

Claim for damages arising from an alleged failure by the claimant’s solicitors to serve proceedings in time in an action for negligence against two firms of solicitors who had advised him in ancillary relief proceedings. The claimant was awarded £15,000.

Full report: Family Law Week

Jayasinghe v Don Liyanage [2010] EWHC 265 (Ch) (18 February 2010)

Appeal against decision of a Deputy Adjudicator of the Land Registry cancelling the appellant's application for registration of a restriction on a property on the grounds that she was the sole beneficiary under a resulting trust. Appeal dismissed.

Full report: Family Law Week

Imerman v Tchenguiz [2010] EWCA Civ 126 (27 January 2010)

Application for permission to appeal order concerning restraint on disclosure of irregularly obtained confidential information for use in ancillary relief proceedings. Application granted.

Full report: Family Law Week

A Local Authority v S [2009] EWHC 2115 (Fam) (8 May 2009)

Application for a care order regarding a child whose younger sibling is considered to be a victim of 'Shaken Baby Syndrome'.

Full report: Family Law Week

B, C, and D (Children), Re [2010] EWHC 262 (Fam) (05 February 2010)

Applications by natural parents to discharge injunctions forbidding them from publicising matters relating to children, who had been adopted. Applications granted, subject to restrictions.

Full report: Bailii

H v H [2010] EWHC 158 (Fam) (02 February 2010)

Ancillary relief application in which the primary issue was the husband's business, and whether the wife was entitled to a share of the business and the future income of the business. Held, she was entitled to a share in the business, but was not entitled to a share of future income.

Full report: Bailii

Re Z [2009] EWHC 3621 (Fam) (21 December 2009)

Application by husband seeking an order debarring the wife's solicitors from acting for her on the ground that the senior partner of that firm had previously acted, while at another firm, for the husband in financial proceedings with the wife. The order was made on condition of payment for some costs wasted by the wife.

Full report: Family Law Week

C (A Child) [2010] EWCA Civ 89 (21 January 2010)

Application by mother for permission to appeal, with appeal to follow, an order allowing staying contact for her child with the paternal grandparents where the father had been found to have been guilty of sexual misconduct with his son. Application granted and appeal allowed.

Full report: Family Law Week

Karsten v Markham [2009] EWHC 3658 (Ch) (17 December 2009)

Judgment arising in proceedings to enforce payment of debts between former cohabitants where the defendant claimed that a TR1 form and deed had been signed as a result of undue influence.

Full report: Family Law Week

Grey v Grey [2009] EWCA Civ 1424 (31 December 2009)

Appeal against order in ancillary relief proceedings where periodical payments were not discounted in the light of the wife's post-separation cohabitation. Appeal allowed.

Full report: Family Law Week

In re G (A Child) (Special Guardianship Order: Application for leave to apply to discharge) [2010] WLR (D) 32 (10 February 2010)

CHILDREN — Care proceedings — Special guardianship order — Order in favour of child’s grandmother — Mother of child applying for leave to apply to discharge order in light of change in circumstances — Judge refusing leave where not satisfied that change in circumstances “significant” — Guidance as to true construction of applicable provision and correct approach to such applications — Children Act 1989, s14D(5)(as inserted by Adoption and Children Act 2002, s 115)

Report: ICLR

The full report may now be found here: G (A child) [2010] EWCA Civ 300

W, R (on the application of) v London Borough of Brent [2010] EWHC 175 (Admin) (09 February 2010)

Application for judicial review of local authority's decision to place the Claimant's daughter for adoption. Application dismissed.

Full report: Bailii

D (Children), Re [2010] EWCA Civ 50 (09 February 2010)

Application for permission to appeal against an order giving the applicant's former wife permission to remove the parties' two sons permanently from the jurisdiction of England and Wales to reside with her in Slovakia. Application refused.

Full report: Bailii

Doctor A & Ors v Ward & Anor [2010] EWHC 205 (Fam) (09 February 2010)

Application by two doctors for permission to appeal against order dismissing application to protect their anonymity. Permission refused.

Full report: Bailii

W (Children), Re [2010] EWCA Civ 57 (09 February 2010)

Appeal by father against an order made in care proceedings refusing his application that the oldest of the five children who are the subject of the proceedings should attend the hearing in order to give oral evidence and in particular to be cross-examined on behalf of the father. Appeal dismissed.

Full report: Bailii

B v Reading Borough Council and others [2009] EWCA Civ 1515 (8 December 2009)

Renewed application for permission to appeal arising from claims by the applicant of misfeasance and negligence by public officers when investigating suspected child abuse. Application refused.

Full report: Family Law Week

S (A Child), Re [2010] EWHC 192 (Fam) (04 January 2010)

Application by father for residence order - father last had direct contact in February 2006, all efforts to re-start direct contact having failed due to the child's refusal to engage - Held, traumatic though it may be in the short term, it was in the best interests of the child's long-term welfare for him now to live with his father.

Full report: Bailii

J v J [2009] EWHC 2654 (Fam) (21 January 2010)

Judgment in complex, big money ancillary relief proceedings including comments on preparation for trial.

Full report: Family Law Week

M (A child) [2009] EWCA Civ 1486 (30 November 2009)

Application for permission to appeal by guardian against a decision by justices to grant an interim care order to the local authority who intended to move the child to alternative foster carers pending a final hearing. Appeal dismissed.

Full report: Family Law Week

S-C (Children) [2010] EWCA Civ 21 (28 January 2010)

Appeal against a committal order for breach of an order forbidding both parties from disclosing documents filed in the proceedings. Held, the appellant was not in breach - for this and other reasons the committal order could not stand, and would be set aside.

Full report: Bailii

Leigh v Hudson [2009] EWCA Civ 1442 (9 December 2009)

Application for permission to appeal against finding that a ceremony in South Africa did not constitute a marriage. Application refused.

Full report: Family Law Week