Gowers v Gowers [2011] EWHC 3485 (Fam) (09 November 2011)

Financial proceedings. Company with which the husband is very closely connected but does not own, paid £500,000 into court. District Judge ordered that that sum shall be paid out directly to the wife as the first instalment of a total lump sum of £900,000. Held that the court had no jurisdiction to make the order.

Full report: Bailii

V v V [2011] EWHC 3230 (Fam) (21 December 2011)

Appeal by husband against financial remedy order. Appeal allowed, in part because a pre-nuptial agreement had not been given sufficient weight.

Full report: Bailii

A and L (Children) [2011] EWCA Civ 1611 (21 December 2011)

Care proceedings. Appeal by mother against finding of sexual abuse. Appeal dismissed.

Full report: Bailii

Q (A Child) [2011] EWCA Civ 1610 (21 December 2011)

Adoption order made with consent of mother but not of father. Father appealed. Held that the judge had made the correct decision, and the appeal was therefore dismissed.

Full report: Bailii

P & L (Minors), Re [2011] EWHC 3431 (Fam) (20 December 2011)

Both parents of children now in same-sex relationships. Children live with mother and her new partner. Case dealt with issue of contact by the father and his new partner.

Full report: Bailii

SH v MM & Anor [2011] EWHC 3314 (Fam) (13 December 2011)

Child born to married mother. Applicant sought declaration of parentage. Court made PSO prohibiting mother from removing child from jurisdiction. Mother took child to Belfast. Held, the mother's removal was wrongful.

Full report: Bailii

CJ, R (On the Application Of) v Cardiff City Council [2011] EWCA Civ 1590 (20 December 2011)

The appellant sought support from the local authority as a child in need, but it was held that he was not under the age of 18 when he entered the UK. He appealed. The appeal was dismissed, notwithstanding that the judge incorrectly held that it was for the appellant to prove that he was under 18.

Full report: Bailii

Mamoon v Mamoon [2010] EWCA Civ 1641 (07 September 2010)

Application by husband for permission to appeal against a decree nisi in contested unreasonable behaviour divorce proceedings. Application refused.

Full report: Bailii

Peters v Peters [2011] EWCA Civ 1563 (18 November 2011)

Financial remedy proceedings. Application for permission to appeal in relation to a freezing order. Application refused.

Full report: Bailii

X (A Child), Re [2011] EWHC 3401 (Fam) (09 December 2011)

Care proceedings. Application by child's maternal grandmother for child's 17 year old uncle to give oral evidence. Application refused.

Full report: Bailii

L v L [2011] EWHC 2207 (Fam) (15 August 2011)

Appeal by husband against lump sum and maintenance orders. Appeal dismissed in relation to lump sum order but allowed in respect of maintenance order.

Full report: Family Law Week

R (TA) v North East London NHS [2011] EWCA Civ 1529 (1 November 2011)

Father complained that medical report used in children proceedings was defective. NHS Trust refused to investigate. Father refused permission to apply for judicial review. Father appealed. Appeal dismissed.

Full report: Family Law Week

Livock v Livock [2011] EWHC 3040 (Fam) (29 November 2011)

Rehearing after husband appealed against ancillary relief order on basis of tax liability. Held that there were no immediate liabilities impacting on the wife's award.

Report: Family Law

Z & Anor v C & Anor [2011] EWHC 3181 (Fam) (02 December 2011)

International surrogacy agreement. Application for a parental order under section 54 Human Fertilisation and Embryology Act 200. The court had to determine the preliminary issue of whether one of the applicants was domiciled in England and Wales at the time of the application. Held that he was.

Full report: Bailii

GF v CMEC [2011] UKUT 371 (AAC) (30 August 2011)

Appeals by non-resident parent against decisions by a First-tier Tribunal in respect of a formula assessment decision and a departure direction decision. The formula assessment decision was set aside (but re-made in the same terms), and the appeal against the departure direction decision was dismissed.

Full report: Bailii

Lukandwa v Birungi [2011] EWCA Civ 1520 (17 November 2011)

Nullity proceedings. Appeal by husband against finding in respect of a purported marriage certificate relating to the wife's alleged previous marriage. Appeal allowed.

Full report: Bailii

NG v SG [2011] EWHC 3270 (Fam) (09 December 2011

Appeal by H against an order made in respect of his application for downward variation of maintenance and to remit arrears, in circumstances where H had been found to be a serious and serial non-discloser. Appeal allowed and retrial directed.

Full report: Bailii

A v L [2011] EWHC 3150 (Fam) (07 December 2011)

Appeal in the High Court against district judge’s financial remedy order where the parties’ assets were modest. Appeal allowed and ‘clean break’ order substituted in which departure from equality was justified by the parties’ respective needs.

Full report: Family Law Week

Kremen v Agrest [2011] EWCA Civ 1482 (19 October 2011)

Appeal by the wife against an order discharging a committal order that had been made against her husband. Appeal allowed.

Full report: Bailii

AJ v JJ & Ors [2011] EWCA Civ 1448 (02 December 2011)

Application by children for permission to appeal against order for their return to Poland. Application granted and case remitted for re-hearing.

Full report: Bailii

AB v LCC (A Local Authority) [2011] EWHC 3151 (COP) (06 December 2011)

Court of Protection proceedings concerning 81 year old man suffering from vascular dementia and memory and cognitive impairment. Guidance given on the issue of the Court appointing a Relevant Person's Representative as his litigation friend.

Full report: Bailii

R v A Local Authority & Ors [2011] EWCA Civ 1451 (06 December 2011)

Care proceedings. Child made subject of supervision order for one year, residence granted to mother and father awarded supervised contact. Father appealed. Appeal dismissed.

Full report: Bailii

X And Y (Children), Re [2011] EWHC 3147 (Fam) (06 December 2011)

Judgment giving reasons for making parental orders under section 54(1) of the Human Fertilisation and Embryology Act 2008, providing that the two children are to be treated in law as the children of the applicants for the orders.

Full report: Bailii

H v S [2011] EWHC B23 (Fam) (18 November 2011)

Application to determine whether for the purposes of English divorce a Talaq pronounced by the respondent husband in Saudi Arabia is entitled to be afforded recognition in this jurisdiction.

Full report: Bailii

S v C [2011] EWCA Civ 1385 (2 December 2011)

Appeal against refusal of application for a return order under the 1980 Hague Abduction Convention. Appeal allowed.

Full report: Family Law Week

Genovese v Malta (App No 53124/09) (11 October 2011)

Maltese court refused to grant citizenship to a child born out of wedlock to a Maltese father and British mother. ECHR found breach of Art 14 in conjunction with Art 8.

Report: Family Law

Full report: ECHR

SI v Slovenia (App No 45082/05) (13 October 2011)

At issue was whether interference with Art 8 rights by reason of length of custody and contact proceedings and by reason of failure to enforce interim contact arrangements.

Report: Family Law

Full report: ECHR

C-L (Children) [2011] EWCA Civ 1441 (17 October 2011)

Care proceedings. Application by grandmother for permission to appeal against refusal of leave to apply for residence and by parents and grandmother for permission to appeal against refusal of applications that they be assessed by an independent social worker. Application granted and appeal allowed.

Full report: Family Law Week

RB (Adult) (No 3) , Re [2011] EWHC 2576 (Fam) (Handed Down: 11 October 2011)

Further proceedings under the inherent jurisdiction relating to the second defendant's behaviour towards the first defendant, who was his partner but moved into a home after her multiple sclerosis deteriorated. Orders made in respect of compensation and costs.

Full report: Bailii

RB (Adult) (No 2) , Re [2011] EWHC 112 (Fam) (28 January 2011)

Further proceedings under the inherent jurisdiction relating to the second defendant's behaviour towards the first defendant, who was his partner but moved into a home after her multiple sclerosis deteriorated. Applications by second defendant for permission to appeal and for a re-trial. applications dismissed.

Full report: Bailii

RB (Adult) , Re [2010] EWHC 2423 (Fam) (30 September 2010)

Proceedings under the inherent jurisdiction relating to the second defendant's behaviour towards the first defendant, who was his partner but moved into a home after her multiple sclerosis deteriorated. The court made findings on a number of issues, but made no order.

Full report: Bailii

Y v Medway Council [2011] EWCA Civ 1416 (30 November 2011)

Care proceedings. Appeal by mother against finding that she was responsible for child's injuries. Appeal dismissed.

Full report: Bailii

F v S [2011] EWHC 3139 (Fam) (18 November 2011)

Hague Convention proceedings in which the issue was whether the child was habitually resident in Spain or England and Wales. Held that he was habitually resident in England. Application under the Hague Convention dismissed.

Full report: Bailii

D-O'H (Children) [2011] EWCA Civ 1343 (10 August 2011)

Appeal by mother against the refusal of her application for an order under Section 38(6) of the Children Act for assessment of her parenting capacity by an independent social worker and the making of final care orders, and cross appeal by local authority against adjournment of their placement application with regard to one child, pending an assessment of the attachment between the two children. Appeals dismissed.

Full report: Bailii

R-E (Children) [2011] EWHC (Admin) 1348 (09 August 2011)

Appeal by father against finding that he was responsible for sexually abusing his daughter. Appeal allowed and matter referred back to county court for re-appraisal.

Full report: Bailii

A (A Child) v Leeds City Council [2011] EWCA Civ 1365 (06 October 2011)

Care proceedings. Appeal by maternal aunt against order endorsing local authority decision to remove child from her care and place her into foster care. Appeal dismissed.

Full report: Bailii

W (A Child) [2011] EWCA Civ 1362 (14 October 2011)

Appeal by mother against an order approving a care plan that her child be adopted by family friends on the basis that a special guardianship order would be more appropriate in the circumstance. Appeal dismissed.

Full report: Family Law Week

Re A (Parental Responsibility Orders) [2011] EWCA (7 October 2011)

After the aunt accepted she had been a cannabis user and had failed to provide a hair strand to the Local Authority, it decided the child should be placed with foster parents.

Report: Family Law

Cheshire West and Chester Council v P [2011] EWCA Civ 1333 (18 November 2011)

Successful appeal by local authority against finding that a care plan for an adult man lacking capacity amounted to a deprivation of liberty within the meaning of Article 5 ECHR. LA sought costs against respondent. Held, there should be no order as to costs.

Full report: Bailii

RB (Adult), Re (No 4) [2011] EWHC 3017 (Fam) (18 November 2011)

Guidance in relation to the issue of the reporting of judgments in proceedings under the inherent jurisdiction in respect of adults.

Full report: Bailii

A London Borough v O & Ors [2011] EWHC 2754 (Fam) (11 November 2011)

Care proceedings. Fact-finding hearing relating to the death of a sibling as a result of severe head injuries sustained at home. The judge found that the father caused the injuries.

Full report: Bailii

Re T v T (Occupation orders, Brussel's I and Protective Measures) [2010] EWHC 3776 (Fam) (21 December 2010)

Application by wife for occupation order. Divorce proceedings in France. Husband disputed the court's jurisdiction to hear the application. Held that the court did have jurisdiction.

Full report: Family Law Week

Z v Z [2011] EWHC 2878 (Fam) (03 November 2011)

Wife's application for financial remedies. Both parties French. Pre-nuptial agreement entered into in France prior to the marriage. Wife argued for equal division of all assets, and that she should not he held to the pre-nuptial agreement. Held that the award to the wife should depart from equality, to reflect the agreement. Wife awarded 40%, on a needs basis.

Full report: Bailii

D (Children), Re [2011] EWCA Civ 1294 (09 August 2011)

Appeal against order refusing return of children under the Hague Convention. Appeal allowed.

Full report: Bailii

SA, R (on the application of) v Kent County Council [2011] EWCA Civ 1303 (10 November 2011)

Appeal by local authority against decision that a child who was not the subject of an interim care order was a looked after child, where she went to live with a relative in circumstances where the local authority was involved in setting up and funding the arrangement. Appeal dismissed.

Full report: Bailii

London Borough of Tower Hamlets v BB & Ors [2011] EWHC 2853 (Fam) (31 August 2011)

Case involving 32 year old woman who suffers from schizo-affective disorder. Court annulled her marriage as she lacked capacity to consent, and made determinations as to where she should live and with whom she should have contact.

Full report: Bailii

Jones v Kernott [2011] UKSC 53 (9 November 2011)

Cohabitees purchased property in joint names. Appellant issued proceedings to determine the parties’ respective beneficial interests. Judge held that the appellant had a 90% share and the respondent 10%. Finding overturned by the Court of Appeal which held that the property was held in equal shares by each party. Appellant appealed to Supreme Court. Appeal allowed.

Full report: Bailii

A and L (Children), Re [2011] EWCA Civ 1205 (27 October 2011)

Care proceedings. Appeal by mother against findings of fact. Appeal adjourned, and case remitted back to judge for clarification.

Report: ICLR

Full report: Bailii

Cheshire West and Chester Council v P [2011] EWCA Civ 1257 (09 November 2011)

Appeal by local authority against finding that a care plan for an adult man lacking capacity amounted to a deprivation of liberty within the meaning of Article 5 ECHR. Appeal allowed.

Full report: Bailii

BJ v MJ (Financial Remedy: Overseas Trusts) [2011] EWHC 2708 (Fam) (27 October 2011)

Financial remedy case in which substantial assets were held in a trust. Held that all of the assets, including all of the trust property, amounted to matrimonial property and should, in principle, be shared equally.

Full report: Bailii

A v B [2011] EWHC 2752 (Fam) (01 November 2011)

On-going proceedings relating to child in Sweden. Father made various applications in this country. Held that the English proceedings should be stayed, pursuant to paragraph 2 of Article 19 of Brussels II Revised.

Full report: Bailii

AR v AR [2011] EWHC 2717 (Fam) (11 August 2011)

Case raised the issue of how the court should exercise its discretion when determining an application by a wife when most of the wealth consists of or reflects resources received by the husband by way of gift and inheritance.

Full report: Family Law Week

G v M [2011] EWHC 2651 (Fam) (17 October 2011)

Application by a proposed Petitioner for a Decree of Nullity for leave to file her Petition, notwithstanding the absence of a marriage certificate. Leave given.

Full report: Family Law Week

C (Children) [2011] EWCA Civ 1230 (14 July 2011)

Care proceedings. Appeal by mother against committal for six months for breaching injunction restraining her from contacting the children. Appeal allowed and sentence of three months substituted.

Full report: Family Law Week

A Local Authority v PB & Anor [2011] EWHC 2675 (CoP) (20 October 2011)

Proceedings concerning a 49 year old who lacked capacity, and which raised issues as to where he should live, contact with members of his family and others, and whether he is being, or would be, deprived of his liberty.

Full report: Bailii

H (Children) [2011] EWCA Civ 1218 (12 July 2011)

Appeal against care order, on the basis that the question of whether adoption or continued contact with their family was best for the children had not been fully addressed. Appeal allowed, care order discharged and replaced with an interim care order.

Full report: Family Law Week

ML & AR v RW & SW [2011] EWHC 2455 (Fam) (29 July 2011)

Two children conceived by IVF. Contact and residence applications by the biological father and his partner. The court struck out the residence application, made a contact order and fixed a welfare hearing.

Full report: Family Law Week

W (A Child) [2011] EWCA Civ 1196 (17 August 2011)

Appeal by father against order for committal made against him for breach of, inter alia, an order requiring him to return the child to this country. Appeal dismissed.

Full report: Family Law Week

DL v London Borough of Newham [2011] EWHC 1890 (Admin) (7 September 2011)

Local authority acted in breach of Art 8 procedural rights when it required prospective adopters to return the child.

Report: Family Law

M (A Child) [2011] EWCA Civ 1161 (18 August 2011)

Care proceedings. Appeal by parents against refusal to extend a residential assessment. Appeal dismissed.

Full report: Family Law Week

KM v Lambeth London Borough Council [2011] EWCA Civ 1125 (12 October 2011)

Care proceedings. Appeal by father against an order for limited disclosure of a psychiatric report prepared on the mother. Appeal allowed, and order replaced with an order for disclosure of the entire report.

Full report: Family Law Week

Brough v Law [2011] EWCA Civ 1183 (20 October 2011)

Appeal against decision that a maintenance assessment was not brought to an end by the two-month reconciliation of the parties. Appeal dismissed, as Parliament must have intended that an assessment would cease to have effect only at the end of six months continuous cohabitation. (Note: This case related to the provisions of the Child Support Act 1991 as operative in 1999.)

Full report: Bailii

S v AG (Financial Remedy: Lottery Prize) [2011] EWHC 2637 (Fam) (14 October 2011)

Financial remedy proceedings following divorce involving a £500,000 lottery prize won by the wife during the course of the marriage. Held that the initial receipt of the lottery prize was non-matrimonial property, but that when W purchased the matrimonial home she converted that part of her non-matrimonial assets into matrimonial property, and that on the application of both the sharing and needs principles the husband was entitled to a lump sum award of £85,000.

Full report: Bailii

G (A Child) [2011] EWCA Civ 1147 (19 April 2011)

Appeal by mother against order varying contact, so that the father should have contact not at a contact centre but under the supervision of his mother. Appeal allowed, on the basis that the judge had failed to weigh at all many of the relevant considerations.

Full report: Family Law Week

O v P [2011] EWHC 2425 (Fam) (05 August 2011)

Judgment concerning preliminary issue as to whether the court had jurisdiction to entertain a Schedule 1 application. Held that the court did have jurisdiction by virtue of the fact that the father was domiciled in England and Wales at the time the application was filed.

Full report: Bailii

H-K (Children) [2011] EWCA Civ 1100 (10 October 2011)

Family moved from Australia to England, intending to live here for one year and then return to Australia. Relationship broke down and father returned to Australia, agreeing that mother could remain here with the children for a further period. Mother later announced that she would not return with the children. Father obtained an order under Hague Convention for children to be returned to Australia. Mother appealed. Held, the family had been habitually resident in England. Accordingly, the appeal was allowed.

Full report: Bailii

FG v MBW [2011] EWHC 1729 (Fam) (07 October 2011)

Application by mother under Schedule 1, including application to vary child maintenance order and for a lump sum. Maintenance order increased, with a review in 2013, but no lump sum ordered, as father would have to use his capital to pay maintenance.

Full report: Bailii

Diamante and Pelliccioni v San Marino (App No 32250/08) (27 September 2011)

The mother (who was Italian) and child complained that orders made in custody and contact proceedings in San Marino, in particular an order that the child was to live with the father in San Marino, had violated their rights under Art 8. Held that there had not been a violation of Art 8.

Report: Family Law

Full report: ECHR

Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2498 (Fam) (01 September 2011)

On granting an application to purge a contempt, the court may not impose a suspended sentence of imprisonment. Accordingly, the suspended sentence previously given to the respondent was replaced by an order for her immediate and unconditional release.

Full report: Bailii

G v A [2011] EWHC 2377 (Fam) (29 November 2011)

Further proceedings relating to the implementation of a Sch.1 order requiring the father to pay a lump sum to enable the purchase of a property for the mother and child. Directions given regarding the purchase of a suitable property.

Full report: Bailii

G v A (No 2) (Schedule 1 settlement of property) [2011] EWHC 968 (Fam) (23 March 2011)

Further proceedings relating to the enforcement of a Sch.1 order requiring the father to pay a lump sum to enable the purchase of a property for the mother and child. Interim freezing order made against father, in order to preserve assets for the purpose of enforcement.

Full report: Bailii

G v A (No 1) (Schedule 1 settlement of property) [2011] EWHC 2380 (Fam) (14 February 2011)

Applications by the Applicant mother to enforce effective payment and implementation of an Order for £240,000 made against the respondent father in Schedule 1 proceedings heard in May 2005. Order made for father to pay lump sum to trustees to enable the purchase of a property for the mother and child.

Full report: Bailii

A London Local Authority v JH & Anor [2011] EWHC 2420 (COP) (25 August 2011)

Application by local authority for declarations that 75 year-old woman who had suffered a stroke in January lacked capacity to decide where to live on discharge from hospital and that it was in her best interests to be discharged to, and to live in, a nursing home. Held that she should return home, under a care package.

Full report: Bailii

W -v- M and S and A NHS Primary Care Trust [2011] EWHC 2443 (Fam) (28 September 2011)

Application by family of woman in a 'minimally conscious state' for an order authorising the withdrawal of artificial nutrition and hydration. Application refused.

Full report: Judiciary of England and Wales

K (A Child) [2011] EWCA Civ 1075 (28 July 2011)

Residence order in favour of father; mother lives predominantly in Bulgaria. Appeal by father against contact order in favour of mother that required him to vacate the family home, to allow the contact to take place there. Appeal allowed.

Full report: Family Law Week

C v A Local Authority [2011] EWHC 1539 (Admin) (30 March 2011)

Proceedings concerning an 18 year old man with severe autism. The court made detailed orders and declarations under the MCA 2005, including ordering that his liberty may be deprived in very limited circumstances and only with the authority of the court.

Full report: Bailii

PGO and FEO v Coventry City Council [2011] EWCC 7 (Fam) (24 August 2011)

Applications for adoption orders by local authority foster carers. Applications opposed by local authority and the Children's Guardian. Applications dismissed.

Full report: Bailii

Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2376 (Fam) (01 September 2011)

Application by respondent to purge contempt, after respondent committed to prison for nine months. Respondent released, and prison sentence suspended for two years.

Full report: Bailii

K (Children) EWCA Civ 1064 (20 July 2011)

Appeal by father against order that there be no direct contact between him and the children, where there was a long history of him committing sexual offences against children and/or offences involving him accessing pornography relating to children. Appeal dismissed.

Full report: Family Law Week

Hutchings-Whelan v Hutchings [2011] EWCA Civ 1048 (15 August 2011)

Application by husband for permission to appeal against ancillary relief order. Permission granted, strictly limited to certain issues.

Full report: Family Law Week

Mansfield v Mansfield [2011] EWCA Civ 1056 (27 July 2011)

Appeal by husband against ancillary relief order where most of the family assets originated from personal injury damages received by him prior to the marriage. Held, the amount of the wife's award would not be altered, but that there should be a Mesher order giving the husband a charge-back for one third of the award.

Full report: Bailii

A-H (Children) [2011] EWCA Civ 1044 (14 July 2011)

Appeal by mother against interim care order removing children from her care. Appeal dismissed.

Full report: Bailii

SMBC v WMP & Ors [2011] EWHC B13 (COP) (14 June 2011)

Forced marriage protection orders made in respect of three brothers, all of whom had varying degrees of learning difficulty. Matter transferred to Court of Protection. Application by one brother for discharge. Application refused.

Full report: Bailii

Green & Anor v Montagu & Anor [2011] EWHC 1856 (Ch) (19 July 2011)

Held that, notwithstanding their parents’ bigamous marriage, the children acquired the status of legitimacy by reason of the law of the domicile of each of their parents, and therefore the trustees were entitled under the terms of the settlements to provide for them.

Full report: Bailii

Doncaster Metropolitan Borough Council v Haigh & Ors [2011] EWHC 2412 (Fam) (22 August 2011)

Applications by local authority to name the parents in care proceedings so as to enable the father to refute false allegations that he had sexually abused the child and for an order against the mother under s.91 (14) of the Children Act 1989, for a period of two years. Both applications granted.

Full report: Bailii

Doncaster Metropolitan Borough Council v Watson [2011] EWHC B15 (Fam) (22 August 2011)

Care proceedings. Application by local authority to commit Elizabeth Watson for breach of reporting restriction order. Held, Ms Watson was plainly in contempt and sentenced to a term of nine months.

Full report: Bailii

SK v WL [2010] EWHC 3768 (Fam) (26 February 2010)

Ancillary relief. Husband sought a substantial departure from equal division, with the wife receiving approximately 25% of the current wealth, on the basis of a "very significant post-separation accrual" which was the product of his endeavours in the period following the separation. The husband's post-separation contribution was held to be less than he asserted, and the wife was awarded just over 40% of the assets.

Full report: Bailii

Re RK; YB v BCC [2010] EWHC 3355 (COP)

Given the terms of s20(8) Children Act 1989, the provision of accommodation to a child under s20(1), (3), (4) or (5) will not ever give rise to a deprivation of liberty within the terms of Article 5. In any event, the objective element of deprivation of liberty was not remotely close to being met on the facts.

Report: Mental Health Law Online

Re N-C (children) (interim care order) [2011] EWCA Civ 1434 (10 August 2011)

Care proceedings. Allegations of sexual abuse against the father. Court rejected application for the return of the child, notwithstanding that the father had moved out. Mother appealed. Appeal dismissed.

Report: Law Society Gazette

Full report: Bailii

M (Children) [2011] EWCA Civ 1035 (1 July 2011)

Appeal against interim care order made solely to vest the local authority with power to tell the children of their father's previous convictions for sexual abuse. Appeal dismissed.

Full report: Family Law Week

H-W (Children) [2011] EWCA Civ 1027 (20 June 2011)

Care proceedings. Application for permission to appeal against findings of fact. Application granted.

Full report: Family Law Week

LR (Children) [2011] EWCA Civ 1034 (8 March 2011)

Care proceedings. Appeal by child against findings of fact. Appeal dismissed.

Full report: Family Law Week

A (A Child), Re [2011] EWCA Civ 1037 (25 August 2011)

Applications by father for permission to appeal against interim care order and fact-finding judgment. Applications dismissed.

Full report: Bailii

T v S (Wardship) [2011] EWHC 1608 (Fam) (27 May 2011)

Long-standing parental conflict over residence and contact. The child had been made a ward of court and there was a question whether the wardship should be continued.

Report: Family Law

B (A Local Authority) v RM & Ors [2010] EWHC 3802 (Fam) (15 October 2010)

Case raising the question of whether and if so, on what basis a Court considering an application for a care order in respect of a young person with lifelong disabilities should transfer the case to the Court of Protection to be dealt with under the Mental Capacity Act, 2005, rather than the Children Act, 1989.

Full report: Bailii

Re W (Abduction: Committal) [2011] EWCA (17 August 2011)

Child abduction. Father received 2 prison sentences for failure to comply with order to disclose child's location and to cause child to return. Father appealed. Appeal dismissed.

Report: Family Law

WCC v GS & Ors [2011] EWHC 2244 (COP) (15 July 2011)

Case involving an 83 year-old lady suffering from Alzheimer's disease, in which the court had to decide issues including her capacity to manage her finances, where she should live and her contact with her son.

Full report: Bailii

B (A Child), Re [2011] EWCA Civ 1001 (06 July 2011)

Appeal by father against decision to make no order as to contact and against the making of a Section 91(14) order. Appeal dismissed.

Full report: Bailii

P (Children), Re [2011] EWCA Civ 1016 (29 June 2011)

Appeal by father against contact order. Appeal dismissed.

Full report: Bailii

P v Independent Print Ltd [2011] EWCA Civ 756 (4 July 2011)

Court of Protection. Appeal against decision allowing media to attend substantive hearing. Appeal dismissed.

Full report: Bailii

Smith v Smith [2011] EWHC 2133 (Ch) (8 July 2011)

Inheritance Act claim by wife, who had separated from the husband 6 years before his death. She sought an interim lump sum and an order allowing her into her late husband's house. Applications refused.

Full report: Family Law Week

S-L (Children) [2011] EWCA Civ 1022 (23 May 2011)

Care proceedings. Appeal by father against refusal of application that he should be assessed with a view to caring for the children in the event that the mother proved unable to do so. Appeal allowed.

Full report: Family Law Week

Kremen v Agrest [2011] EWCA Civ 1014 (13 April 2011)

Application by the wife for permission to appeal against an order discharging a committal order that had been made against her husband. Permission granted.

Full report: Family Law Week

H (Children) [2011] EWCA Civ 1009 (7 July 2011)

Care proceedings. Appeal by mother against decision by judge that she did not have jurisdiction under the Human Rights Act to injunct the local authority from separating mother and child. The local authority conceded that she did have jurisdiction, and the Court of Appeal granted interim relief until such time as the judge could exercise her discretion.

Full report: Family Law Week

Manchester City Council v G & Ors [2011] EWCA Civ 939 (02 August 2011)

Appeal by local authority against costs order made in Court of Protection proceedings. Appeal dismissed.

Full report: Bailii

R v M [2011] EWHC 2132 (Fam) (18 May 2011)

Preliminary finding in divorce proceedings: for a foreign marriage to be recognised as a valid marriage it must be recognised as such in the jurisdiction in which it was undertaken. An Ahmahdi marriage in Pakistan must be recognised as valid marriage in this jurisdiction. A taliq is not sufficient to dissolve a marriage.

Full report: Family Law Week

S v D [2008] EWHC 1798 (Fam) (14 May 2008)

Application under the Child Abduction and Custody Act 1985 by a father for the return to Argentina of his two children, who were residing in England with their mother. Children expressed desire to remain in England. Application refused.

Full report: Family Law Week

KW v Lancaster City Council and Secretary of State for Work and Pensions [2011] UKUT 266 (AAC) (4 July 2011)

Local authority paid benefits on basis that mother was not receiving child support. Child support arrears paid. Held that local authority could recover the overpayment of benefits in such circumstances.

Report: Family Law

The Trustee in Bankruptcy of Claridge v Claridge and Claridge [2011] EWHC 2047 (Ch) (29 July 2011)

Appeal against the court's rejection of a claim under s 339 of the Insolvency Act 1986 by a trustee in bankruptcy that there was a transaction at an undervalue by a bankrupt husband to his wife. Held that whilst there was a transaction at an undervalue, the court would decline to make an order for relief under s 339(3) for reasons given.

Full report: Family Law Week

C (A Child) [2011] EWCA Civ 918 (15 June 2011)

Appeal against interim care orders made in respect of a six year old child. Appeal dismissed.

Full report: Family Law Week

Yankah v Yankah [2011] EWCA Civ 921 (28 July 2011)

Husband bankrupt; order for sale made. Wife sought permission to appeal, contending that the judge should have made a discretionary order transferring the former matrimonial home to her. Permission refused.

Full report: Bailii

Iqbal v Ahmed [2011] EWCA Civ 900 (29 July 2011)

Appeal by executor as to reasonable financial provision for the widow of the deceased. Appeal dismissed.

Full report: Bailii

O, R (on the application of) v London Borough of Hammersmith and Fulham [2011] EWCA Civ 925 (28 July 2011)

Application by local authority for permission to appeal against order granting permission to parents to bring judicial review proceedings against local authority decision concerning the accommodation provision to be made for their severely autistic child. Permission refused.

Full report: Bailii

Schalk and Kopf v Austria (App 301414-04) (22 November 2010)

Final judgment of the ECHR sitting as a Chamber. Male couple complained that the legal impossibility of a same-sex couple marrying under Austrian law violated their right to respect for private and family life and the principle of non-discrimination. Held, rejecting the complaint, that there is no breach of Article 12 where marriage is available to two people of the opposite sex but not two people of the same sex.

Full report: Family Law Week

N v N (Costs) [2011] EWCA Civ 979 (30 June 2011)

Husband successfully appealed against an order further extending the term of a maintenance order, and sought an order for costs. Held, no order as to costs.

Full report: Family Law Week

N v N [2011] EWCA Civ 940 (30 June 2011)

Wife obtained extension of maintenance term from December 2009 to April 2012. Wife appealed, and the term was extended to the end of August 2015, with a nominal joint lives order thereafter. The husband appealed against this order. Appeal allowed and original order restored.

Full report: Family Law Week

Widdows, R. v [2011] EWCA Crim 1500 (21 June 2011)

Appeal against conviction for harassment contrary to s.4 Protection from Harassment Act 1997. Held, that section is not normally appropriate for use as a means of criminalising conduct, not charged as violence, during incidents in a long and predominantly affectionate relationship in which both parties persisted and wanted to continue. Appeal allowed and conviction quashed.

Full report: Bailii

Golubovich v Golubovich [2011] EWCA Civ 479 (30 March 2011)

Appeals against two earlier decisions - one a judge's decision not to adjourn and the second a sum awarded to the wife.

Full report: Family Law Week

WM v CMEC [2011] UKUT 226 (AAC) (13 June 2011)

Appeals by the non-resident parent against decisions of a First-tier Tribunal regarding the calculation of his income. Held that those decisions were wrong, and should be set aside.

Full report: Bailii

R (A Child) [2011]EWHC 1715 (fam) (27 January 2011)

Care proceedings instituted after child suffered unexplained injuries. Held that the Local Authority had not proved the threshold findings as required by Section 31(2) of the Children Act 1989 and, accordingly, the proceedings were dismissed.

Full report: Family Law Week

S (A Child), Re [2011] EWCA Civ 812 (15 July 2011)

Appeal against an order refusing an application by the appellant for a residential parenting assessment pursuant to section 38(6) of the Children Act 1989. Appeal dismissed.

Full report: Bailii

A (A Minor) [2011] EWHC 1764 (Fam) (8 July 2011)

Application in care proceedings concerning a child, "A", for a reporting restriction order restraining publication of information concerning the family following the deaths of A's two brothers.

Full report: Family Law Week

O v O [2011] EWHC (Fam)

Judgment in the High Court clarifying the procedure under the Family Procedure Rules 2010 when seeking permission to appeal district judge's decision.

Full report: Family Law Week

R (R,E,J and K) v CAFCASS [2011] EWHC 1774 (Admin) (12 July 2011)

Judicial review proceedings in which the Official Solicitor, acting on behalf of four children as their Litigation Friend, sought a declaration that CAFCASS acted unlawfully and in breach of statutory duty by failing to allocate a children's guardian "earlier than the respective date on which CAFCASS did so allocate a named guardian." Claim dismissed.

Full report: Family Law Week

Brighton and Hove City Council v PM & Ors [2011] EWCA Civ 795 (12 July 2011)

Care proceedings. Appeal by local authority against an order that effectively left the matter of a child's maternity unresolved. Held that the court should decide the issue. The appeal was therefore allowed, and the case remitted to the county court.

Full report: Bailii

SH v HH [2011] EWCA Civ 796 (08 July 2011)

Appeal by father against wardship order on the basis that the court lacked jurisdiction as the child is not and has never been habitually resident or present here. Appeal allowed and wardship discharged.

Full report: Bailii

A and A v P, P and B [2011] EWHC 1738 (Fam) (8 July 2011)

Application made pursuant to section 54 of the Human Fertilisation and Embryology Act 2008. Consideration of whether the court could make a parental order in favour of a deceased parent. Order granted.

Full report: Family Law Week

MK v CK [2011] EWCA Civ 793 (07 July 2011)

Mother granted leave to relocate to Canada. Father sought permission to appeal on the grounds, inter alia, that in explaining her decision the judge had referred only to the mother's case. Permission granted and appeal allowed.

Full report: Bailii

A County Council v K & Ors (By the Child's Guardian Ht) [2011] EWHC 1672 (Fam) (04 July 2011)

Care proceedings. Guidance given by the President on the issues raised after an anonymous referrer had expressed concerns about the case to CAFCASS.

Full report: Bailii

MG & Anor v A Local Authority & Ors [2011] EWCA Civ 745 (28 June 2011)

Applications for permission to appeal by a mother and one of the children concerned against interim care orders made in favour of a second local authority and designed to remove the children from their mother's care. Permission granted and appeals allowed.

Full report: Bailii

S (A Child) [2010] EWCA Civ 1383 (7 December 2010)

Appeal by local authority against findings of fact in care proceedings. Appeal allowed and findings set aside.

Full report: Family Law Week

A Local Authority v DL & Ors [2011] EWHC 1022 (Fam) (19 April 2011)

Vulnerable adults: Application by local authority for injunctions regulating the way adult members of a family in their area live in their home. The question was whether there was jurisdiction for the injunctions sought to be made under the court's inherent jurisdiction, following the implementation of the Mental Capacity Act 2005. Held that there was.

Full report: Bailii

A v P [2011] EWHC 1530 (Fam) (21 June 2011)

Application under Hague Convention by child's father for her return to Poland, which he asserted was the country of her habitual residence. The mother asserted that the child was habitually resident in England and Wales. Held that the mother could not assert a habitual residence for the child whilst herself purporting to issue divorce proceedings in Poland. Ordered that the child should be returned forthwith to Poland.

Full report: Bailii

Coventry City Council v PGO & Ors [2011] EWCA Civ 729 (22 June 2011)

Appeal by local authority against injunction restraining them from removing child from foster parents, where foster parents had given notice of their intention to adopt just prior to the local authority's removal of child from their home into the home of prospective adopters pursuant to a placement order. Appeal allowed and injunction set aside.

Full report: Bailii

W (A Child) [2011] EWCA Civ 703 (17 June 2011)

Appeal from the judgment of HHJ Barnett, who concluded that a mirror order made by Moylan J bestowed on him an unrestricted jurisdiction to make orders under the Children Act 1989 in respect of a child habitually resident in Malaysia, notwithstanding prior orders of the Court in Kuala Lumpur. Appeal allowed.

Full report: Family Law Week

Cheshire West and Chester Council v P & Anor [2011] EWHC 1330 (Fam) (14 June 2011)

Held that the circumstances of adult man lacking capacity, and the provision of care and support as set out in the care plan, amounted to a deprivation of liberty within the meaning of Article 5 of ECHR and the Mental Capacity Act 2005.

Full report: Bailii

D (A Child) [2011] EWCA Civ 684 (14 June 2011)

Care proceedings. Mother changed her story as to how injuries to the child occurred. Father asserted that in explaining her change of heart she had waived the professional privilege which exists between solicitor and client so as to justify him in seeking disclosure of the attendance notes made by her solicitors and counsel. The judge ordered such disclosure, and the mother appealed. Appeal dismissed.

Full report: Bailii

London Borough of Hillingdon v Neary & Anor [2011] EWHC 1377 (COP) (09 June 2011)

Held that the local authority had unlawfully detained a 21 year old autistic man in a care unit.

Full report: Bailii

E (Children), Re [2011] UKSC 27 (10 June 2011)

Appeal by mother against an order for the return of children under the Hague Convention, on the grounds that the judge had been wrong to reject the mother's defence under Article 13(b) of the Convention and that the judge had failed to apply the decision of the ECHR in the case of Neulinger. Appeal dismissed.

Full report: Bailii

AF (Father) v T (Mother) & Anor [2011] EWHC 1315 (Fam) (31 May 2011)

Mother abducted child to Germany in 2008. Father applied for the return of the child under Article 11(7) of Brussels II Revised. Ordered that the application for the return of the child be dismissed, that the child reside with the mother and that the mother make the child available for contact with his father on six occasions annually.

Full report: Bailii

Grey v Grey [2010] EWHC 1055 (Fam) (14 May 2010)

Re-consideration of periodical payments order in favour of the wife, after successful appeal by husband, on the basis that the order should have been discounted in the light of the wife's post-separation cohabitation. Ordered that there be an increase in child maintenance, with a concomitant decrease in the maintenance payable to the wife.

Full report: Bailii

DL & Anor v LB of Newham [2011] EWHC 1127 (Fam) (27 May 2011)

Judicial review proceedings were brought by DL and ML who were prospective adopters of K, who had been placed with them pursuant to a placement order by the Defendant Local Authority in April 2009.

Full report: Family Law Week

W (A child) [2011] EWCA Civ 661 (31 March 2011)

Appeal against judge's refusal in care proceedings to make a direction under s.38(6) of the Children Act 1989. Appeal unanimously dismissed except for a procedural rider to adjourn the application generally rather than dismiss it.

Full report: Family Law Week

R. AND H. v. THE UNITED KINGDOM - 35348/06 [2011] ECHR 844 (31 May 2011)

The applicants complained that a freeing order was a disproportionate interference with their rights guaranteed by Article 8 of the Convention because the domestic authorities failed to keep their assessment of their family situation under review and because the reasons given by the trial judge were neither relevant nor sufficient. Held that there had been no violation of Article 8.

Full report: Bailii

J v J [2011] EWHC 1010 (Fam) (20 April 2011)

The wife was awarded 46% of the assets on the basis of her needs. Absent needs, her award based on the sharing principle would have been lower in light of the husband's pre-acquired wealth.

Report: Family Law

H (A Child) [2011] EWCA Civ 585 (7 April 2011)

Appeal by mother against the judge introducing into the proceedings findings against the mother which he had been minded to make at an earlier hearing. Appeal allowed.

Full report: Family Law Week

R (Children) EWCA Civ 558 (29 March 2011)

Children H and T living with father. Mother removed T. Application by father for permission to appeal, with appeal to follow, against the dismissal of an appeal against an order refusing an interim residence order in respect of T. Permission granted and appeal dismissed, but the judge was invited to look again at the timetable, with a view to the matter being expedited.

Full report: Family Law Week

K Children), Re [2011] EWCA Civ 635 (25 May 2011)

Appeal by father against a special guardianship order in favour of the maternal grandmother and a section 91(14) order. Appeal dismissed.

Full report: Bailii

Whaley v Whaley [2011] EWCA Civ 617 (24 May 2011)

Appeal by husband against ancillary relief order, primarily in relation to the judge's treatment of the assets in two trusts. Appeal dismissed.

Full report: Bailii

KY v DD [2011] EWHC 1277 (Fam) (23 May 2011)

Prospective wardship proceedings. Guidance given regarding the principles that apply when orders are sought without notice.

Full report: Bailii

Birmingham City Council v RL & Ors [2011] EWHC 1299 (Fam) (14 February 2011)

Care proceedings. Application by Children's Guardian for the judge to recuse himself, on the basis of perceived bias. Application dismissed.

Full report: Bailii

V v V [2011] EWHC 1190 (Fam) (20 May 2011)

The wife contended that the court had jurisdiction to entertain a divorce petition issued by her, on the basis of her habitual residence. The husband disputed this. Held that the wife was habitually resident here and was therefore entitled to proceed with her petition.

Full report: Bailii

GR v CMEC (CSM) [2011] UKUT 101 (AAC) (10 March 2011)

The child, who was cared for by the maternal grandmother, was sent to the USA to a specialist school, staying with friends. Held, the child's grandmother was not a "person with care" under s 3(3)(b) of the CSA 1991.

Report: Family Law

JK v KC [2011] EWHC 1284 (Fam) (10 March 2011)

Hearing relating to whether the English Court had jurisdiction over the children, who had been removed by the father to the USA, so as to make welfare based decisions as to their contact with their mother. Held that the court did have jurisdiction.

Full report: Bailii

W v M & Ors [2011] EWHC 1197 (COP) (12 May 2011)

Reporting restriction order in proceedings involving a patient in a minimally conscious state, where her mother was seeking an order that those treating her may lawfully discontinue and withhold all life-sustaining treatment and medical support.

Full report: Bailii

X, Y, Z (Minors), Re [2011] EWHC 1267 (Fam) (18 May 2011)

Applications for costs against the local authority in care proceedings. Local authority ordered to pay £73,765 towards the Respondents' costs.

Full report: Bailii

K (A Child), Re [2011] EWHC 1082 (Fam) (16 May 2011)

Application for a secure accommodation order. The issue was whether the child, a 13-year-old girl, should attend the hearing. The court directed the local authority to make arrangements for her attendance at the hearing.

Full report: Bailii

Mekarska (Wife) v Ruiz (Husband) [2011] EWHC 913 (Fam) (09 May 2011)

Application by wife for the annulment of a bankruptcy order and an appeal against a financial order on divorce. Application and appeal dismissed.

Full report: Bailii

H (Children) [2011] EWCA Civ 529 (17 March 2011)

Application for permission to appeal decision permitting mother to relocate to Canada with parties’ children. Payne v Payne considered by the Court of Appeal. Permission refused.

Full report: Family Law Week

Golubovich v Golubovich [2011] EWCA Civ 528 (3 March 2011)

Application by wife in respect of security for costs in proceedings pending husband’s application for permission to appeal in ancillary relief proceedings. Rules and case law considered. Application granted in part.

Full report: Family Law Week

R (TG) v London Borough of Lambeth [2011] EWCA Civ 526 (6 May 2011)

Appeal against decision of the Administrative Court dismissing the appellant’s claim against the local authority for judicial review of its decision that he was not a “former relevant child” under s. 23C(1) Children Act 1989. Appeal allowed.

Full report: Family Law Week

K v L [2011] EWCA Civ 550 (13 May 2011)

Appeal by husband, seeking increase of lump sum order from £5m to £18m, in a case involving substantial non-matrimonial property. Appeal dismissed.

Full report: Bailii

C v D [2011] EWHC 335 (Fam) (24 February 2011)

The mother's application for leave to remove the children to Florida was refused. There was a shared care arrangement which was working well and the children's contact with their father would be substantially reduced if they moved to Florida.

Report: Family Law

A full report can now be found on Bailii

R v F [2010] EWHC (10 December 2010)

Contact proceedings brought by the father. Mother was awarded sums under Schedule 1 Children Act 1989 to cover her legal costs.

Report: Family Law

X, Y, and Z & Anor v A Local Authority [2011] EWHC 1157 (Fam) (11 May 2011)

Care proceedings. Application by a journalist for an order for permission for the media to name the medical expert witness in the case. Application granted.

Full report: Bailii

R & Anor v A [2011] EWHC 1158 (Fam) (11 May 2011)

Applicants sought to withdraw children proceedings, with no order as to costs. Respondent sought to have proceedings dismissed, with applicants paying his costs. Held that the proceedings should be withdrawn, with the applicants paying the respondent's costs.

Full report: Bailii

N (a Child), Re [2011] EWCA 1156 (Fam) (10 May 2011)

Care proceedings in respect of child N, whose older brother MY died in 2008, relying exclusively on what happened to MY. Local authority sought a discrete fact finding hearing in order to decide what did happen to MY. Held that the case would not be advanced by such a hearing.

Full report: Bailii

C (A Child), Re [2011] EWCA Civ 521 (06 May 2011)

Appeal by mother against order providing for no direct contact between her and the child. Appeal dismissed.

Full report: Bailii

L (A Child: Media Reporting), Re [2011] EWHC B8 (Fam) (18 April 2011)

Fact-finding hearing in care proceedings. Mother found to be responsible for a fracture to the child's arm. The judge also commented upon media reporting of the case.

Full report: Bailii

B (Child) [2011] EWCA Civ 509 (11 March 2011)

Care proceedings. Appeal by mother against refusal of application for permission to bring a contact order application. Appeal allowed.

Full report: Family Law Week

Legal Services Commission v F, A & V [2011] EWHC 899 (8 April 2011)

Appeal by the Legal Services Commission against a costs decision requiring the LSC to pay the interveners' costs. Appeal dismissed.

Full report: Family Law Week

Re H (A Child) [2011] EWCA (Civ) (7 April 2011)

Appeal by mother against findings and declarations made in the course of contact enforcement proceedings. Appeal allowed in part.

Report: Law Society Gazette

D v N and D (By her Guardian ad Litem) [2011] EWHC 471 (Fam) (8 March 2011)

Mother retained child wrongfully in Poland after holiday. Father sought an order from the English court for child's return under Brussels II Revised. Return ordered.

Report: Family Law

A full report may now be found on Bailii, here.

IJ (A Child), Re [2011] EWHC 921 (Fam) (19 April 2011)

Reasons given for the granting of a Parental Order under Section 54 of the Human Fertilisation and Embryology Act 2008.

Full report: Bailii

X, Y, Z (Minors), Re [2011] EWHC 402 (Fam) (03 March 2011)

Fact-finding hearing to determine whether the local authority was correct in its claim that the mother had failed to give the children, who had been abused by a paedophile, the care which a reasonable parent would provide. The judge also made observations about the practices and procedures of the local authority.

Full report: Bailii

S (Children) , RE [2011] EWCA Civ 454 (18 April 2011)

Father granted leave to remove 2 children from the jurisdiction to live with him in Canada. Mother appealed the order in so far as it related to the younger child. Appeal allowed.

Full report: Bailii

A and B (One parent killed by the other - Guidance), Re [2010] EWHC 3824 (Fam) (07 September 2010)

Guidance on the management of cases in which one parent has killed the other.

Full report: Bailii

Ambrosiadou v Coward [2011] EWCA Civ 409 (12 April 2011)

Appeal against the refusal to continue an injunction concerning the disclosure of confidential information pertaining to the parties’ personal and business relationship. Appeal allowed in part.

Full report: Bailii

Hemans V RB Windsor & Maidenhead [2011] EWCA Civ 374 (2 March 2011)

Appeal by local authority against finding of homelessness under Part VII of the Housing Act 2006 because interim accommodation was inappropriate for child's welfare. Appeal allowed.

Full report: Family Law Week

Anayo v Germany ECHR (App No 20578/07) (21 December 2010)

Held that there had been a violation of the Art 8 rights of a biological father who was refused contact with his children without the best interests of the children being considered.

Report: Family Law

Full report: ECHR

A Local Authority v C [2011] EWHC 231 (11 February 2011)

Fact-finding. Allegations of sexual abuse to pre-pubertal child and the importance of compliance with the RCPCH Guidelines.

Full report: Family Law Week

D [2010] EWHC 3342 (21 December 2010)

Judgment in care proceedings as to whether there should be a fact-finding hearing into the father’s alleged involvement in the death of his child from a previous relationship, K, the father having been acquitted of murder or manslaughter in relation to the same allegations. Hedley J held that there should not be a fact-finding hearing.

Full report: Family Law Week

M (A Minor) [2011] EWCA Civ 317 (25 February 2011)

Court of Appeal judgment concerning the granting of leave under s. 47(5) Adoption and Children Act 2002 for a parent to defend an adoption. Appeal dismissed.

Full report: Family Law Week

A v A Local Authority [2011] EWHC 727 (COP) (29 March 2011)

Application in the Court of Protection on behalf of A pursuant to s.21A of the Mental Capacity Act 2005 to vary the terms of the standard authorisation approved by a local authority authorising the deprivation of A’s liberty at a nursing home.

Full report: Family Law Week

Eliassen & Anor v Eliassen & Ors [2011] EWCA Civ 361 (01 April 2011)

Appeal against order for the return of children under the Hague Convention, on the grounds that the judge had been wrong to reject the mother's defence under Article 13b of the Convention and that the judge had failed to apply the decision of the ECHR in the case of Neulinger. Appeal dismissed.

Full report: Bailii

ND v KP [2011] EWHC 457 (Fam) (10 February 2011)

Application by wife for the continuance of a freezing order and cross-application by husband for discharge of the order. Order discharged.

Full report: Bailii

Gordon (Formerly Stefanou) v Stefanou [2010] EWCA Civ 1074 (2 December 2010)

Wife's application to re-open ancillary relief proceedings on basis of non-disclosure refused, as the disclosure would not have had a material effect on the award the judge had made.

Report: Family Law

W (Children) [2011] EWCA Civ 345 (30 March 2011)

Appeal by mother against refusal of an application for permission to relocate to Australia with two children. Appeal allowed.

Full report: Bailii

DE v AB [2010] EWHC 3792 (Fam) (30 November 2010)

Appeal by father against Schedule 1 Children Act award. Held that he effect of the award was to leave the father with effectively little or no capital, after a very significant contribution towards housing for the child. The appeal was therefore allowed, and the award reduced.

Full report: Bailii

Al-Saedy v Musawi [2010] EWHC 3293 (29 October 2010)

High Court judgment in defended divorce proceedings on the questions issues of (i) whether as a matter of fact the parties had been married and (ii) if they were not married, whether as a matter of law a valid marriage could be presumed.

Full report: Family Law Week

Re L (Contact Order) [2011] EWCA (21 January 2011)

Father made DVD for child to watch. Application for indirect contact dismissed.

Report: Family Law

Baby X, Re [2011] EWHC 590 (Fam) (15 March 2011)

Care proceedings involving a child who had been smothered by her mother, causing cardio respiratory arrest. A care order was made, and the child placed with the maternal grandparents.

Full report: Bailii

N v F [2011] EWHC 586 (Fam) (11 March 2011)

Ancillary relief case where the issue was the extent to which the award should reflect the property that H bought to the marriage in 1993, if at all. Held that it would be wrong and unfair for none of H's pre-marital wealth to be excluded from the sharing principle. W awarded 44.7% of the divisible amount.

Full report: Bailii

C (A Child) [2011] EWCA Civ 261 (2 February 2011)

Court of Appeal: the Court should ensure that all avenues have been exhausted before concluding that contact should be terminated. In difficult cases the attendance of the CAFCASS officer may be required even if it leads to an adjournment; it may be helpful for the child to be separately represented.

Full report: Family Law Week

Hargreaves v Salt [2011] EWCA Civ 248 (22 February 2011)

Appeal against findings of fact as to a transaction being at an undervalue in insolvency and related matrimonial proceedings. Permission to appeal unanimously refused.

Full report: Family Law Week

F (A Child) [2011] EWCA Civ 258 (31 January 2011)

Appeal by a local authority against the dismissal of a care order in circumstances where there was no proven fact in relation to the identity of the perpetrator of non-accidental injuries. Appeal dismissed and permission to appeal refused.

Full report: Family Law Week

Agrest v Kremen [2011] EWCA Civ 259 (24 January 2011)

Appeal to set aside transaction in ancillary relief proceedings. Permission to appeal refused.

Full report: Family Law Week

Mercredi v Chaffe [2011] EWCA Civ 272 (17 March 2011)

Appeal by mother against order requiring her to return the child to the jurisdiction. Appeal allowed.

Full report: Bailii

M v F & Ors [2011] EWCA Civ 273 (17 March 2011)

Appeal of mother against judgment refusing the mother a wide ranging series of declarations, the object of which was to deny the father all knowledge of the birth and subsequent development of his legitimate child. Appeal dismissed.

Full report: Bailii

A and D (Children), Re [2011] EWCA Civ 265 (17 March 2011)

Appeal by mother against dismissal of application for an order that the children be returned from Cameroon, on the basis that the children were habitually resident there. Appeal dismissed.

Full report: Bailii

A (a child), Re [2011] EWHC 517 (Fam) (10 March 2011)

Application by local authority for permission to withdraw care proceedings, notwithstanding that the child had sustained injuries which amounted to significant harm. Application granted.

Full report: Bailii

Schofield v Schofield [2011] EWCA Civ 174 (2 February 2011)

Appeal of decision to dismiss a wife’s originating summons seeking leave to make an application under Part III of the Matrimonial and Family Proceedings Act 1984 for an order for financial relief from the husband, following a divorce in Germany. Appeal unanimously allowed.

Full report: Family Law Week

Everclear Ltd (BVI) v Agrest & Anor [2011] EWCA Civ 232 (09 March 2011)

Appeal against order setting aside share transaction. Appeal dismissed.

Full report: Bailii

T (A Child: Murdered Parent), Re [2011] EWHC B4 (Fam) (08 March 2011)

Father, who had been convicted of the manslaughter of the mother, applied for contact. Application dismissed, and s.91(14) order made.

Full report: Bailii

Chandler v Chandler [2011] EWCA Civ 143 (27 January 2011)

Application for permission to appeal against the striking out of a divorce petition on the basis of lack of jurisdiction. Application refused.

Full report: Family Law Week

L B of Hillingdon v Neary [2011] EWHC 413 (COP) (28 February 2011)

Court of Protection: media attendance and reporting.

Full report: Family Law Week

Olafisoye v Olafisoye [2010] EWHC 3539 (Fam) and [2010] EWHC 3540 (Fam) (19 February 2010 and 28 July 2010)

Recognition of Nigerian divorce refused on the basis that the husband had not taken or caused to be taken such steps as should reasonably have been taken to give notice of the Nigerian proceedings to the wife.

Report: Family Law

RO, R (on the application of) v East Riding of Yorkshire Council & Anor [2011] EWCA Civ 196 (02 March 2011)

Appeal against a decision that a teenage boy with severe autism did not have the status of a "looked after child" under the Children Act 1989. Appeal allowed.

Full report: Bailii

H v City & County of Swansea & Ors [2011] EWCA Civ 195 (02 March 2011)

Care proceedings. Appeal by mother against finding that she was in a pool of possible perpetrators of injuries to the child. Appeal allowed.

Full report: Bailii

Johns & Anor, R (on the application of) v Derby City Council & Anor [2011] EWHC 375 (Admin) (28 February 2011)

Application by prospective foster carers for permission to apply for judicial review of the approach of the local authority to their views about homosexuality. Permission refused.

Full report: Bailii

P & Q v Surrey County Council [2011] EWCA Civ 190 (28 February 2011)

Appeal by two sisters with substantial learning difficulties against a declaration that the arrangements for them do not amount to a deprivation of their liberty. Appeal dismissed.

Full report: Bailii

FL v Registrar General [2010] EWHC 3520 (24 May 2010)

A 63 year-old woman applied for disclosure of information from the Registrar General concerning her adopted father’s birth family. Application refused.

Full report: Family Law Week

Kremen v Agrest [2010] EWHC 3091 (Fam) (03 December 2010)

Application by wife for share transactions to be set aside under s23 Matrimonial and Family Proceedings Act 1984. The application was granted in respect of one transaction, which was set aside.

Full report: Bailii

Kremen v Agrest [2010] EWHC 2571 (Fam) (15 October 2010)

Application by wife for a charge to be set aside under s23 Matrimonial and Family Proceedings Act 1984. Application granted and charge set aside.

Full report: Bailii

Minkin v Cawdery Kaye Fireman & Taylor [2011] EWHC 177 (QB) (7 February 2011)

Appeal against order of costs judge that where solicitors in matrimonial proceedings refused to carry out work until outstanding fees were paid, the refusal constituted a repudiation of the contract and no fees were payable. Appeal dismissed.

Full report: Family Law Week

O (Children) [2011] EWCA Civ 128 (16 February 2011)

Appeal by mother against decision requiring her to return children to the USA. Appeal allowed and father's originating summons seeking the return of the children to the USA dismissed.

Full report: Bailii

LBL v RYJ AND VJ [2010] EWHC 2665 (COP) (22 September 2010)

Court of Protection case heard in the High Court in which Macur J considers relief under the inherent jurisdiction alongside provisions of the Mental Capacity Act 2005.

Full report: Family Law Week

Official Solicitor to the Senior Courts v Yemoh [2010] EWHC (Ch) (15 December 2010)

Held that polygamous marriages contracted in accordance with the customary law of Ghana were recognised for the purposes of succession to real estate in England and Wales.

Report: Family Law

Traversa v Freddi [2011] EWCA Civ 81 (14 February 2011)

Appeal by husband against dismissal of application under Part III of the Matrimonial and Family Proceedings Act 1984, in the light of the Supreme Court decision in Agbaje v Agbaje. Appeal allowed.

Full report: Bailii

O’Donaghue v UK [2010] ECHR (App No 34848/07) (14 December 2010)

The government's system for preventing sham marriages of people subject to immigration control breached the right to marry and was discriminatory.

Report: Family Law

Full report: ECHR

R (FZ) v London Borough of Croydon [2011] EWCA Civ 59 (1 February 2011)

Application for permission to bring judicial review proceedings to claim that a local authority had wrongly determined the Appellant’s age. Permission granted.

Full report: Family Law Week

C (A Child) [2011] EWCA Civ 72 (14 January 2011)

Application for permission to appeal the refusal of leave to remove a seven year-old girl, I to go to live in Australia. Application refused.

Full report: Family Law Week

B (A Local Authority) v AM [2010] EWHC B31 (Fam) (15 October 2010)

The Court considered the issue as to whether the court on an application for a care order in respect of a young person aged 17 with lifelong disabilities should transfer the case to the Court of Protection to be dealt with under the Mental Capacity Act 2005 rather than the Children Act 1989.

Full report: Family Law Week

Walsh v Singh [2011] EWCA Civ 80 (10 February 2011)

Appeal against costs order in cohabitee property dispute. Appeal dismissed.

Full report: Bailii

SK v WL [2010] EWHC (26 February 2010)

Wife sought equal division of matrimonial assets. Husband sought 75/25 split on basis of the increase in value of the his company post separation. Held that the increase was due only in part to his endeavours. Wife received just over 40% of the overall assets.

Report: Family Law

Independent Trustee Services Ltd v GP Noble Trustees [2010] EWHC 3275 (Ch) (14 December 2010)

At issue was whether sums paid to the wife in ancillary relief proceedings by consent should be repaid on grounds that they represented funds wrongly removed from certain pension schemes by the husband. Held that money paid to the wife pursuant to a consent order became hers absolutely as a bona fide purchaser.

Report: Family Law

Full report: Bailii

Richardson v Richardson [2011] EWCA Civ 79 (08 February 2011)

Appeal by husband against final ancillary relief order on the basis of subsequent events, including the death of the wife and the avoidance by the husband's insurers of a policy which left his business uninsured against a substantial damages claim. Held that the wife's death did not constitute a Barder event, but that the avoidance of the policy was a vitiating event.

Full report: Bailii

M v M [2010] EWHC 2817 (Fam) (19 October 2010)

Application by the wife for interim periodical payments, under Part III Matrimonial and Family Proceedings Act 1984. Husband failed to file an affidavit and wife submitted that he should not therefore be heard. The court agreed and an interim maintenance order was made.

(Also reported with the citation [2011] EWHC 3574.)

Full report: Bailii

D Borough Council v AB (Rev 1) [2011] EWHC 101 (COP) (28 January 2011)

Case involving the issue of whether an adult with moderate learning disability had the mental capacity to consent to sexual relations. Held that he did not at the present time.

Full report: Bailii

G v E & Ors [2010] EWHC 3385 (Fam) (21 December 2010)

Application for costs in long-running Court of Protection proceedings. Held that this was a case for departing from the general rule of no order as to costs.

Full report: Bailii

CW & Ors v TW [2011] EWHC 76 (Fam) (01 February 2011)

Long-running children dispute. Application by mother to commit father to prison for various alleged breaches of orders and undertakings. Application for direct contact by paternal grandparents. Father found to be in breach of order. Trial contact visit with paternal grandparents ordered.

Full report: Bailii

Goldstone v Goldstone & Ors [2011] EWCA Civ 39 (28 January 2011)

Ancillary relief proceedings in which the wife contended that the bulk of the husband's fortune was deposited in a group of companies. The question arose as to whether a preliminary issue relating to the companies was governed by the Family Proceedings Rules or the Civil Procedure Rules. The judge found that these were family proceedings. An appeal against that decision was dismissed.

Full report: Bailii

TW v A City Council [2011] EWCA Civ 17 (20 January 2011)

Application for permission to appeal to the Court of Appeal, with appeal to follow, against findings of fact by an intervener in care proceedings, TW. Permission granted and appeal allowed.

Full report: Family Law Week

Jones v Jones [2011] EWCA Civ 41 (28 January 2011)

Appeal by wife against ancillary relief order, whereby she received an award of £5.4m. The primary issue to be decided was the value to be attributed to the husband's company as at the date of the marriage. Appeal allowed and the wife awarded £8m.

Full report: Bailii

Hajduova v Slovakia (App No 2660/03) (30 November 2010)

Husband convicted for having abused and threatened the wife, and ordered to undergo psychiatric treatment instead of a prison sentence. Held that the state's failure to order the husband's detention enabled him to make further threats against the wife and was a breach of the state's positive obligations under Article 8 to secure respect for the wife's private life.

Report: Family Law

A full report may be found here: ECHR

JD & Ors v City & County of Swansea & Anor [2011] EWCA Civ 34 (26 January 2011)

Appeal by parents against a care order, where the care plan provided for the child to continue to live with the mother, provided that the father continued to reside elsewhere. The parents, who are married, wish to resume married life and together care for the child. Appeal allowed. Full care order set aside and replaced by interim care order.

Full report: Bailii

AVS v A NHS Foundation Trust [2011] EWCA Civ 7 (17 January 2011)

Application for permission to appeal the decision of the Court of Protection (see here). Permission refused.

Full report: Family Law Week

CW v NT & Anor [2011] EWHC 33 (Fam) (21 January 2011)

Surrogacy arrangement - mother changed her mind about handing over the baby - father applied for a residence order - application refused and residence order made in favour of mother.

Full report: Bailii

T (A Child) [2010] EWCA Civ 1585 (18 November 2010)

Appeal by grandparents against a refusal to make an order for costs in their favour in care proceedings, in which the local authority unsuccessfully sought findings against them. Appeal successful.

Full report: Family Law Week

A (A Child), Re (No 2) [2011] EWCA Civ 12 (19 January 2011)

Wardship proceedings. Father sought permission to appeal against findings of fact. Permission refused on certain grounds, permission granted but appeals dismissed on certain grounds, and permission granted and appeals allowed on other grounds. Full judgment giving reasons.

Full report: Bailii

K (A Child) [2010] EWCA Civ 1546 (25 November 2010)

Appeal by Polish father under the Hague Convention against refusal to grant return order on the grounds that it was against his daughter’s interests. Appeal successful.

Full report: Family Law Week

Re S (Care Order: Fact Finding) [2010] EWCA Civ 1363 (7 December 2010)

Removal of child from mother in prison under a police protection order in response to reports of unsatisfactory behaviour by the mother held to be justified.

Report: Family Law

W (A Child) [2010] EWCA Civ 1535 (24 November 2010)

Appeal by adopters, supported by local authority, of order of Holman J setting aside adoption order and granting mother permission to oppose the making of an adoption order. Appeal allowed.

Full report: Family Law Week

Ambrosiadou v Coward [2010] EWCA Civ 1456 (23 November 2010)

Applications in the Court of Appeal relating to a permission to appeal the refusal to continue an injunction concerning the disclosure of confidential information pertaining to the parties’ personal and business relationship. No order made.

Full report: Family Law Week

Re A (Children) [2010] EWCA Civ 1490 (23 September 2010)

Appeal by father in care proceedings against refusal by the judge to set aside findings of fact following recusal by the judge. Appeal allowed.

Full report: Family Law Week