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

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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.

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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