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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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