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.

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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.

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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.

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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.

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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.

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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.

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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

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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