London Borough Of Islington v EV & Ors [2010] EWHC 3240 (Fam) (09 December 2010)

Care proceedings. The father resides in Turkey. An interim care order was made and leave given for the child to travel to Turkey to be assessed living with his with his father pending the final hearing.

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Quila & Anor v Secretary of State for the Home Department [2010] EWCA Civ 1482 (21 December 2010)

Two appeals raising the question whether the ban contained in paragraph 277 of the Immigration Rules on the entry for settlement of foreign spouses between the ages of 18 and 21 is a lawful way of dealing with the problem of forced marriages. Appeals allowed.

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Re T [2010] EWHC 3177 (Fam) (7 December 2010)

Judgment in child abduction proceedings which raised two important issues: (i) whether adoption of habitual residence should be voluntary; and (ii) the effect of the recent decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Neulinger & Shuruk v Switzerland.

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F (Children) [2010] EWCA Civ 1428 (27 October 2010)

Consideration of the test to be applied for ‘internal relocation’, ie cases where the primary carer wishes to relocate within the United Kingdom.

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RMM v HW & Ors [2010] EWCA Civ 1467 (17 December 2010)

Care proceedings. Child had suffered an Acute Life-Threatening Event. Court found that the event had been caused non-accidentally and identified the father as the perpetrator of it. The father appealed on the basis that the evidence was insufficient to justify the finding that the event was caused non-accidentally. Court also found that the mother and the father should both be consigned to a pool of possible perpetrators of other non-accidental injuries. Mother cross-appealed against this finding. Father's appeal dismissed but mother's cross-appeal allowed.

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C v S [2010] EWHC 2676 (Fam) (10 September 2010)

Husband’s appeal against the assumption of jurisdiction by court in England where the wife had previously petitioned for judicial separation in Italy. Question raised as to whether the order of the Italian court which declared the wife’s petition void had the effect of bringing those proceedings to an end. Appeal dismissed.

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A Chief Constable & Anor v YK & Ors [2010] EWHC 3282 (Fam) (14 December 2010)

Postscript to judgment in the case of A Chief Constable v A and others [2010] EWHC (Fam) 2438.

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L & B (Children), Re [2010] EWCA Civ 1118 (23 September 2010)

Care proceedings. Recorder found father guilty of domestic violence. Guardian's counsel subsequently discovered that the guardian had instructed the recorder in a different case which was still ongoing. An application was made for the recorder to recuse herself. The recorder did so, but refused to set aside her earlier findings. The father's appeal was allowed.

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Re C and D (Children) [2010] EWHC B27 (Fam) (9 November 2010)

Care Proceedings: Fact finding hearing to establish whether six week old twin girls had suffered non-accidental injuries. Local authority failed to satisfy the court on the balance of probabilities that any of the injuries were non-accidental. Application dismissed. The court considered the discharge of the burden of proof, unreliable expert evidence, the need for good quality photographs and for skilled representation in care proceedings.

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L (A Minor), Re [2010] EWHC 3146 (Fam) (08 December 2010)

A US commercial surrogacy agreement case where Hedley J gives reasons for making a Parental Order pursuant to Section 54 of the Human Fertilisation and Embryology Act 2008 in favour of the applicants in respect of a child known as L.

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Re T (A Child) [2010] EWCA 1527 (4 November 2010)

Child placed for adoption. Grandmother's application for contact dismissed. Grandmother appealed. Held that the judge was entitled to dismiss the application.

Report: Family Law

A full report can now be found on Family Law Week.

Re W (Cross-Examination) [2010] EWCA 1449 (29 October 2010)

Cafcass officer unable to attend directions hearing. Judge had telephone conversation with him and then made final order for limited contact. Father's appeal allowed.

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Jane (A Child), Re [2010] EWHC 3221 (Fam) (November 2010)

Care proceedings. Application by local authority for reporting restriction order. Order made binding those media organisations notified of the application.

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YA (F) v A Local Authority [2010] EWHC 2770 (2 September 2010)

Claim in the Court of Protection arising from alleged breaches of the Human Rights Act 1998. Consideration of the COP’s jurisdiction to hear such claims and to award relief.

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Davies v Welch [2010] EWHC 3034 Admin (4 November 2010)

Application under CPR Part 8 for committal of the wife’s solicitor, who had disclosed financial documents from ancillary relief proceedings to the Child Support Agency. Application refused.

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K (Children), Re [2010] EWCA Civ 1365 (02 December 2010)

Appeal by mother against order of judge setting aside district judge's order dismissing father's contact application and imposing s.91(14) bar. Appeal dismissed.

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T v T [2010] EWCA Civ 1366 (01 December 2010)

Appeal by mother and her civil partner against shared residence order in favour of mother and father. Appeal dismissed.

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Raban v Romania (Application No 25437/08) ECHR (26 October 2010)

Father issued Hague proceedings, but order for summary return overturned on appeal. The father then issued human rights proceedings on behalf of himself and the children, alleging breaches of Article 8. Held, there had been no violation of Article 8.

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The full judgment can be found here.

R (Bewry) v Norfolk County Council [2010] EWHC 2545 (Admin) (6 October 2010)

Children sent on respite placements but formal fostering with the parent continued. Local authority decided not to return the children to the foster parent's care. At issue was whether the local authority acted in breach of s 22(4) of Children Act 1989 in failing to find out views of the foster parent.

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Westwater v Secretary of State for Justice [2010] EWHC 2403 (Admin) (24 August 2010)

Father in prison for sexual offences against young family members. Father sought judicial review of decision to limit his contact with his daughter. Decision quashed.

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Bryan v Secretary of State for Justice [2010] EWHC 2507 (Admin) (24 August 2010)

Father in prison for committing sexual offences against two 7 year old girls. Father sought judicial review of decision to limit his contact with his children. Decision quashed.

Report: Family Law