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.

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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