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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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).

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