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.

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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.

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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.

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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.

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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.

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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.

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

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

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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