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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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(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.