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.

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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.

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

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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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