T v T [2012] EWHC 2877 (Fam) (6 August 2012)

Children proceedings involving issue of jurisdiction, the mother and children having relocated to the Republic of Ireland since an earlier order was made. Held that the litigation could proceed in this country.

Full report: Family Law Week

B ( A Child), Re [2012] EWCA Civ 1742 (21 December 2012)

Appeal by mother against residence order, on the grounds that the judge's rigorous management of the hearing resulted in unfairness to the mother. Appeal allowed.

Full report: Bailii

M (Children), Re [2012] EWCA Civ 1710 (20 December 2012)

Care proceedings involving fractures to the child's skull but, inexplicably, no brain injuries. Appeal by parents against findings of fact, on the basis that the judge had failed to address their case that the child had some unknown and undiagnosed disorder of her bones. Appeal allowed, and case remitted for re-trial.

Full report: Bailii

R (on the application of) Louisa Hodkin -v- Registrar General of Births, Deaths and Marriages [2012] EWHC 3635 (Admin) (19 December 2012)

The High Court dismissed a challenge against the Registrar General of Births, Deaths and Marriages in England and Wales’s decision not to register a chapel of the Church of Scientology as ‘a place of meeting for religious worship’ which in turn means it is not a registered building for the solemnisation of marriages.

Full report: Judiciary of England and Wales (PDF)

Bhura v Bhura [2012] EWHC 3633 (Fam) (17 December 2012)

Committal application to enforce US lump sum order. Suspended committal order made.

Full report: Family Law Week

G (A Child) [2012] EWCA Civ 1690 (30 October 2012)

Application by father for permission to appeal contact order and various findings by judge. Appeal allowed in part.

Full report: Family Law Hub

M (A Child) [2012] EWCA Civ 1687 (23 October 2012)

Application by father for permission to appeal against dismissal of application for interim contact and committal order for breach of undertaking to remove references to the case from his Facebook account. Permission granted in respect of the latter only.

Full report: Family Law Hub

R (a Child), Re [2012] EWHC 2956 (Fam) (24 October 2012)

Application for recognition of Indian adoption. Held that the adoption should be recognised in this jurisdiction.

Full report: Bailii

An NHS Trust v DJ & Ors [2012] EWHC 3524 (COP) (06 December 2012)

Application by NHS Trust for permission to withdraw medical treatment from 68 year-old man lacking capacity. Application refused.

Full report: Bailii

In the matter of A (A Child) [2012] UKSC 60 [2012] UKSC (12 December 2012)

Appeal against order requiring local authority to disclose details relating to allegations of sexual abuse against the father. Appeal dismissed.

Full report: Supreme Court

Suffolk County Council v Nottinghamshire County Council [2012] EWCA Civ 1640 (11 December 2012)

Special guardianship. Case involving the determination of which authority owes duties under Sections 14A-F and the extent to which local authorities are free to make arrangements amongst themselves in respect of these duties.

Full report: Bailii

Davies v Davies [2012] EWCA Civ 1641 (11 December 2012)

Application by husband for permission to appeal against lump sum award, where the principal issue was the wife's contribution to the husband's business. Permission granted but appeal dismissed.

Full report: Bailii

J Council v GU & Ors [2012] EWHC 3531 (COP) (11 December 2012)

Judgment on application made by Council for declarations and orders pursuant to sections 15 and 16 Mental Capacity Act 2005 in relation to 57 year old man suffering from mental disorders.

Full report: Bailii

Re O (Residence) [2012] EWCA (5 December 2012)

Judge refused to alter relocation order after father offered to pay maintenance and arrears, thereby making mother's position in England more viable. Father appealed. Appeal dismissed.

Report: Family Law

B v A [2012] EWHC 3127 (Fam) (10 December 2012)

Application by father for return of child to the United States, where the child was actually in Pakistan. The application was withdrawn, leaving the court to deal with the issue of costs.

Full report: Bailii

M (A Child) [2012] EWCA Civ 1580 (22 October 2012)

Care proceedings. Appeal against finding that the child had suffered non-accidental injuries and that the parents were both possible perpetrators. Appeal allowed.

Full report: Family Law Week

VK v Croatia (Application No 38380/08) (27 November 2012)

Husband claimed breach of right to fair trial after divorce and paternity proceedings took over 5 years to conclude. The court found the husband's rights under Arts 6, 12 and 13 had been violated.

Report: Family Law

Full report: ECHR

Bridgend County Borough Council v W and Another [2012] EWHC 3118 (Fam) (3 October 2012)

Care proceedings involving issue of jurisdiction after parents fled to Spain to avoid child being taken into care at birth.

Report: Family Law

Full report: Bailii

Zuk v Zuk [2012] EWCA Civ 1871 (29 November 2012)

Appeal by husband against 9 month prison sentence for failure to comply with lump sum order. Appeal allowed.

Report: Family Law

Full report: Family Law Hub

J (Children) [2012] EWCA Civ 1511 (7 November 2012)

Application by mother for permission to appeal against order for return of children to Spain. Application refused.

Full report: Family Law Hub

O (A Child) [2012] EWCA Civ 1576 (1 November 2012)

Directions hearing relating to method of ascertaining wishes and feelings of a child in connection with relocation appeal.

Full report: Family Law Hub

Cattin v Cattin [2012] EWCA Civ 1562 (6 November 2012)

Application by wife for permission to appeal against refusal to stay English divorce petition, where she had issued proceedings in Brazil. Application refused.

Full report: Family Law Hub

J (Habitual Residence), Re [2012] EWHC 3364 (Fam) (03 December 2012)

Applications made in respect of a child, in which the issue of jurisdiction arose, depending upon whether the child was habitually resident in England and Wales when the proceedings were issued. Held that she was.

Full report: Bailii

I (Habitual Residence), Re [2012] EWHC 3363 (Fam) (03 December 2012)

Applications made in respect of a child, in which the issue of jurisdiction arose, depending upon whether the child was habitually resident in England and Wales when the proceedings were issued. Held that he was.

Full report: Bailii

Alyami v Musallam [2012] EWCA (28 November 2012)

Wife ordered to pay £50,000 towards husband's costs of £500,000. Husband appealed. Appeal dismissed, on the basis that the husband's costs had been disproportionate to the issues at task.

Report: Family Law

W v C [2012] EWHC (23 November 2012)

Wife's application to re-open consent order allowed, on the basis of non-disclosure by the husband.

Report: Family Law

Re J-L (Findings of Fact: Schedule of Allegations) [2012] EWCA Civ 1832 (29 November 2012)

Allegations against mother in schedule unproven, but judge made other findings against mother. Appeal by mother allowed.

Report: Family Law

Full report: Family Law Week

Bar'yudin v Pilipenko [2012] EWCA Civ 1524 (25 October 2012)

Appeal against warrant of possession and committal order made in proceedings to enforce order for ancillary relief. Appeal dismissed.

Full report: Family Law Hub

Re W (Contact Order: Revocation of Direct Contact) [2012] EWCA (15 November 2012)

Appeal by father against order that he have no direct contact for the foreseeable future, in view of his behaviour. Appeal dismissed.

Report: Family Law

Re L (Child Abduction: Declaration) [2012] EWHC 1234 (Fam) (19 April 2012)

Mother unlawfully retained child in Kansas. Application by father for a declaration as to the habitual residence of the child. Declared that the child was habitually resident in England and Wales.

Full report: Family Law Week

N (A Child) [2012] EWCA Civ 1563 (31 October 2012)

Appeal against care and placement orders on the grounds that the judge effectively heard no submissions from the parents as to the merits of the case. Appeal allowed.

Full report: Family Law Week

K (Children), Re [2012] EWCA Civ 1549 (29 November 2012)

Appeal by mother and stepfather against interim care order removing the child from their care and placing him with the maternal grandparents, and a special guardianship order made in favour of the maternal grandparents. Appeal dismissed.

Full report: Bailii

Re M (Oral Evidence: Vulnerable Witness) [2012] EWCA (21 November 2012)

Fact-finding hearing. Psychologist recommended that due to father's vulnerability, special measures should be put in place when he gave oral evidence. None were available and the judge refused to adjourn. Father's appeal allowed.

Report: Family Law

Re E (Wardship Order: Child in Voluntary Accommodation) [2012] EWCA (22 November 2012)

Held, there was nothing in s100 of the Children Act to prevent the court from making an order in wardship where a child was being voluntarily accommodated.

Report: Family Law

Re SC (Placement Order: Order Made in Respect of Part of Sibling Group) [2012] EWCA (22 November 2012)

Appeal against final care orders in respect of a family of seven children and placement orders in respect of the youngest two. Appeal dismissed.

Report: Family Law

Crown Prosecution Service & Anor v Gohil [2012] EWCA Civ 1550 (26 November 2012)

Ancillary relief. Appeal against order that CPS should disclose to wife documents which they had obtained from foreign states pursuant to letters of request under section 7 of Crime (International Co-operation) Act 2003. Appeal allowed.

Full report: Bailii

Slater v Condappa [2012] EWCA Civ 1506 (22 November 2012)

Appeal by former cohabitee against dismissal of her claim to a beneficial interest in a property in which she had cohabited with the respondent. Appeal dismissed.

Full report: Bailii

S v M [2012] EWHC (15 November 2012)

Appeal by husband against maintenance order. Appeal allowed.

Report: Family Law

Sharbatly v Shagroon [2012] EWCA Civ 1507 (21 November 2012)

Appeal against decision that the 'wife' could proceed with an application under Part III MFPA 1984, on the grounds that there had never been a valid marriage. Appeal allowed.

Full report: Bailii

Re C (Contact) [2012] EWCA (14 November 2012)

Care proceedings. Appeal by father against s.34(4) order. Appeal dismissed.

Report: Family Law

Re F (Contact Application Via the Official Solicitor) [2012] EWCA (8 November 2012)

Parents of 2 children classed as vulnerable. Father's application through Official Solicitor to have contact with child living with mother refused. He appealed. Appeal allowed.

Report: Family Law

Re C (Contact: Appeal) [2012] EWCA (14 November 2012)

Local authority granted a s 34(4) order permitting a cessation of contact between the father and children. Father appealed. Appeal dismissed.

Report: Family Law

R (ota of Kadri) v Birmingham City Council [2012] EWCA Civ 1432 (7 November 2012)

Three appeals (with permission applications) re. age assessments of unaccompanied minors. Approach to be taken in cases of conflict between the assessments of local authority and The Sec. of State for the Home Department.

Full report: Family Law Week

Re: A (A child) [2012] EWCA Civ 1477 (16 November 2012)

Care proceedings. Application by parents for permission to appeal against refusal to re-open fact-finding process, and the making of a placement order. Permission refused.

Full report: Judiciary of England and Wales

See also Bailii version (reported as Re C (A child).

A Local Authority v A Mother & Ors [2012] EWHC 2969 (Fam) (26 October 2012)

Care proceedings involving a child who suffered uncontrolled asthma whilst in her parents' care.

Full report: Bailii

Pankhania v Chandegra [2012] EWCA Civ 1438 (09 November 2012)

Appeal against dismissal of claim for order for sale of jointly owned property and equal division of net proceeds, and declaration that the ownership of the property resided solely with the defendant. Appeal allowed.

Full report: Bailii

N (A Child) [2012] EWCA Civ 1449 (5 October 2012)

Application for permission to appeal against a return order under the Hague Convention. Application refused.

Full Report: Family Law Hub

B (A Child) [2012] EWCA Civ 1475 (14 November 2012)

Appeal against care order in a "highly complex case" based upon anticipated future harm. Appeal dismissed.

Full report: Bailii

X v Y & Ors [2012] EWHC 2838 (Fam) (16 October 2012)

Application by mother for summary return of children to Australia. Application dismissed, in view of objections of eldest child.

Full report: Bailii

G (A Child) [2012] EWCA Civ 1408 (31 August 2012)

Care proceedings. Applications for permission to appeal by local authority and mother against findings of fact in respect of injuries to the child. Applications refused.

Full report: Bailii

ET, R (on the application of) v London Borough of Islington & Anor [2012] EWHC 3228 (Admin) (30 October 2012)

Application for judicial review of local authority risk assessment in respect of three children. Application dismissed.

Report: Family Law

Full report: Bailii

Gray v Secretary of State for Work and Pensions & Anor [2012] EWCA Civ 1412 (05 November 2012)

Appeal against child support assessment, involving issue of whether CMEC or a Tribunal have to rely on figures from HMRC for the absent parent's self-employed earnings. Held that they do not, and could make their own findings of fact as to the parent's actual income.

Full report: Bailii

Re L [2012] EWHC 3069 (Fam) (8 October 2012)

Cross-applications for sole residence and application by mother for leave to remove the child to the USA. Relocation application rejected and shared residence order made.

Full report: Family Law Week

Re N (Care Proceedings: Adoption) [2012] EWCA (31 October 2012)

During care proceedings the judge made an order that the children be placed for adoption without hearing submissions from the parents. Appeal allowed.

Report: Family Law

Malialis v Malialis [2012] EWCA Civ 1748 (24 October 2012)

The husband appealed financial orders made following divorce. The appeal was partly allowed.

Report: Family Law

Full report: Bailii

McRoberts v McRoberts [2012] EWHC 2966 (Ch) (1 November 2012)

Application to release a bankrupt from bankruptcy debt arising under an order made in family proceedings. Application dismissed.

Full report: Family Law Week

KH v CMEC (CSM) [2012] UKUT 329 (AAC) (18 September 2012)

Appeal by absent parent against decision of First-tier Tribunal, after tribunal decided to proceed with hearing in his absence. Appeal allowed.

Full report: Bailii

Vogel v Lothschutz [2012] EWHC (19 October 2012)

Case concerning the enforcement of a German maintenance agreement.

Report: Family Law

Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian [2012] EWCA Civ 1379 (30 October 2012)

CHILD MAINTENANCE — Enforcement — Committal to prison — Non-resident parent not complying with order to pay maintenance — Statutory power, in case of wilful refusal or culpable neglect, to commit to prison and/or disqualify from holding or obtaining driving licence — Pre-condition that distress under statute should have been “sought” — True construction of word “sought” — Whether body seeking enforcement having sought distress — Child Support Act 1991, s 39A (as inserted by Child Support, Pensions & Security Act 2000, s 16(1)).

Report: ICLR

Full report: Family Law Week

G (A Child), Re [2012] EWCA Civ 1377 (31 October 2012)

Application by a maternal aunt for permission to appeal against a care order. Permission refused.

Full report: Bailii

Re C (Adoption: Assessment of Grandparents) [2012] EWCA (25 October 2012)

Appeal by grandparents against decision not to further assess them as potential carers of their grandchild prior to making a final order.

Report: Family Law

Hunt v Hunt [2012] EWHC (19 October 2012)

Parents agreed for the child to live in Mexico with mother. Father failed to return the child following contact and mother issued Hague proceedings in reliance on the agreement in establishing habitual residence in Mexico. Application dismissed.

Report: Family Law

Re H (Breakdown of Foster Placement: Further Assessment) [2012] EWCA (26 October 2012)

Judge adjourned care proceedings for 3 months and directed mother and child to return to first foster placement under interim care order while an independent social work assessment took take place. Appeal by local authority dismissed.

Report: Family Law 

See also: Law Society Gazette

Re M (Fact-Finding Hearing: Burden of Proof) [2012] EWCA (22 October 2012)

Appeal against finding of fact allowed: The judge had fallen into error and reversed the burden of proof in making the parents prove the injuries to the child were accidental.

Report: Family Law

ZA & Anor v NA [2012] EWCA Civ 1396 (26 October 2012)

Appeal by father against order for the return of the children from Pakistan. Appeal allowed in part.

Full report: Bailii

WBC v CP & Ors [2012] EWHC 1944 (Costs) (12 July 2012)

Application for costs following Court of Protection and Administrative Court proceedings.

Full report: Bailii

A Local Authority v S & O [2011] EWHC 3764 (Fam) (15 December 2011)

Fact-finding hearing as to whether a couple who had apparently given birth to a child in Nigeria had been aware that it was actually a ‘staged labour’.

Full report: Family Law Week

Petrodel Resources Ltd & Ors v Prest & Ors [2012] EWCA Civ 1395 (26 October 2012)

Appeal against order for companies controlled by the husband to transfer assets to the wife in or towards satisfaction of her financial remedy claim. Appeal allowed.

Full report: Bailii

Clarke, Re [2012] EWHC 2947 (COP) (24 October 2012)

Further hearing of application to discharge a deputyship in relation to the management of the property and affairs of a 72 year-old woman, dealing with issue of costs.

Full report: Bailii

Clarke, Re [2012] EWHC 2714 (COP) (09 October 2012)

Further hearing of application to discharge a deputyship in relation to the management of the property and affairs of a 72 year-old woman. Ordered that her property should not be sold or charged during her lifetime, and that the deputyship should be discharged.

Full report: Bailii

Clarke, Re [2012] EWHC 2256 (COP) (31 July 2012)

Application to discharge a deputyship in relation to the management of the property and affairs of a 72 year-old woman. Application adjourned.

Full report: Bailii

NHS Trust v K & Ors [2012] EWHC 2922 (COP) (15 October 2012)

The issue was whether a lady with cancer of the uterus who lacked capacity should have a potentially life-saving operation. held that she should.

Full report: Bailii

S v S [2012] EWHC 2960 (Fam) (25 January 2012)

Application for permission to appeal against financial remedy order, including litigation misconduct costs. Permission refused.

Full report: Bailii

Re C (Residence) [2012] EWCA Civ 1489 (12 October 2012)

Father alleged that mother's care of the child deficient. Judge stopped father's evidence, stating that he had failed to show cause to support a change of residence. Father's appeal dismissed.

Report: Family Law

Full report: Family Law Hub

F (Child) [2012] EWCA Civ 1364 (24 October 2012)

Appeal by father against order giving mother permission to permanently remove the child from the jurisdiction. Appeal dismissed.

Full report: Bailii

Re D (Findings of Sexual Abuse: Appeal) [2012] EWCA (17 October 2012)

During care proceedings the judge made findings that a boy had raped his sister. The boy appealed. Appeal dismissed.

Report: Family Law

B (Children) [2012] EWCA Civ 1275 (16 August 2012)

Appeal by local authority against refusal to make interim care orders on a care plan for the children's immediate removal. Appeal dismissed.

Full report: Family Law Week

C (Children) [2012] EWCA Civ 1281 (25 July 2012)

Appeal by local authority against order for indirect contact in favour of the father, pursuant to s26 of the Adoption and Children Act 2002. Appeal allowed.

Full report: Family Law Week

A (Children) [2012] EWCA Civ 1278 (18 July 2012)

Care proceedings. Appeal by father against finding that he was responsible for fatal injuries suffered by child. Appeal dismissed.

Full report: Family Law Week

W (Children) [2012] EWCA Civ 1307 (24 July 2012)

Residence application by father. Appeal by mother against refusal to re-open fact-finding inquiry. Appeal dismissed.

Full report: Family Law Week

Evans v Evans [2012] EWCA Civ 1293 (08 August 2012)

Appeal by wife against an order that the decree nisi should be made absolute, on the basis that she would be severely prejudiced because she would lose the prospects of enforcing whatever order was made in relation to transfer of shares in an American company between husband and wife. Appeal allowed.

Full report: Bailii

Musa v Karim [2012] EWCA Civ 1332 (13 July 2012)

Application by husband for permission to appeal against ancillary relief order, primarily on the grounds that it was vitiated by the wife's material non-disclosure. Permission granted.

Full report: Bailii

K (A Child) [2012] EWCA Civ 1306 (25 July 2012)

Appeal by mother against residence and contact order in respect of four children on the grounds, inter alia, that the order had been made without hearing from the parties and that allegations of domestic violence had not been adjudicated upon. Appeal allowed.

Full report: Family Law Week

Re A (Removal From Jurisdiction) [2012] EWCA Civ 1541 (22 June 2012)

Appeal by mother against refusal of leave to remove the child and move to Turkey after relationship with English father ended. appeal dismissed.

Report: Family Law

P v P [2012] EWHC 1733 (Fam) (30 May 2012)

Application for an order for the CPS and for the Respondent to disclose material to the Applicant in the course of her application to set aside an ancillary relief order which she alleged had been procured by material misrepresentation.

Report: Family Law

Full report: Family Law Week

Z v A [2012] EWHC 1434 (Fam) (9 May 2012)

Application under Part III of the Matrimonial and Family Proceedings Act 1984: the correct approach in truly “international” cases; independent wealth and separate finances; short marriage; needs.

Full report: Family Law Week

MA v Camden & Ors [2012] EWCA Civ 1340 (16 October 2012)

Appeal against the rejection of the appellant's application to revoke placement orders. Appeal dismissed.

Full report: Bailii

J (A Child), Re [2012] EWCA Civ 1231 (12 October 2012)

Appeal by father against residence and contact orders. Appeal allowed and re-trial ordered.

Full report: Bailii

Y v Y [2012] EWHC 2063 (Fam) (27 June 2012)

High Court. Financial remedy case, involving inherited assets, determined on 'needs' basis. Wife awarded a lump sum of £8.7 million, equalling 32.5% of the net assets.

Full report: Family Law Week

Musa & Ors v Holliday & Ors [2012] EWCA Civ 1268 (15 October 2012)

Appeal against order made under the Inheritance (Provision for Family and Dependants) Act 1975. Appeal dismissed.

Full report: Bailii

Kremen v Agrest [2012] EWCA Civ 1266 (18 September 2012)

Applications for permission to appeal the judgment in Kremen v Agrest (No.11) (Financial Remedy: Non-Disclosure: Post-Nuptial Agreement).

Full report: Family Law Week

London Borough of Sutton v Gray & Ors [2012] EWHC 2763 (Fam) (12 October 2012)

Further hearing in care proceedings in respect of two sisters, one living with grandparents under a Special Guardianship Order. The grandparents agreed to that child returning to the mother, and the local authority withdrew their allegations in respect of the other child.

Full report: Bailii

London Borough of Sutton v Gray & Ors [2012] EWHC 2604 (Fam) (12 October 2012)

Care proceedings in respect of two sisters, one living with grandparents under a Special Guardianship Order, the other with foster parents. The father was exonerated from injuring one child, and issue of the threshold in respect of the other child adjourned.

Full report: Bailii

R.P. AND OTHERS v. THE UNITED KINGDOM - 38245/08 - HEJUD [2012] ECHR 1796 (09 October 2012)

The applicant complained about a decision to take her daughter into local authority care, relying on Article 6 (1). Held, there had been no violation of her rights under Article 6(1).

Full report: Bailii

Knecht v Romania (App No 10048/10) (2 October 2012)

The applicant had embryos stored at a fertility clinic in Romania. When a criminal investigation took place at the clinic the embryos were moved to the institute of forensic medicine, a State facility, which was not authorised to function as a genetic bank. The woman alleged a breach of her Art 8 rights under the European Convention in respect of her being prevented from becoming a parent.

Report: Family Law

Full report: ECHR

SB v A Local Authority & Ors [2012] EWCA Civ 1269 (10 October 2012)

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

Full report: Bailii

KH (A child), Re [2012] EWHC B18 (Fam) (05 October 2012)

Application by NHS Trust for declarations in relation to the medical treatment of a severely disabled boy, including the withholding of life-sustaining treatment in the event of a serious deterioration in his condition.

Full report: Bailii

Re P (Care Proceedings: Fact-Finding Hearing) [2012] EWCA (5 October 2012)

Care proceedings. Evidence of abuse, but questions remained as to perpetrator. Appeal by local authority against decision that a fact-finding hearing would not be necessary, after parents admitted abuse and indicated they would not seek return of child or direct contact.

Report: Family Law

SK, Re [2012] EWHC 1990 (COP) (09 July 2012)

Adult man mentally incapacitated after being struck by a bus. Application by man's brother and bus company (parties to personal injury proceedings) to be joined in Court of Protection proceedings. Application by brother granted, but by bus company refused.

Full report: Bailii

G (Children), Re [2012] EWCA Civ 1233 (04 October 2012)

Appeal by father against residence order and direction regarding the children's education, in case where the family were part of a Chassidic Jewish Community. Appeal dismissed.

Full report: Bailii

Re W (Contact: Permission to Appeal) [2012] EWCA (25 July 2012)

Application by father for permission to appeal against order stopping direct contact.

Report: Family Law

The NHS Trust v D [2012] EWHC 886 (COP) (17 April 2011)

Declarations made regarding withdrawal of treatment form a patient, on the application of NHS Trust. Application by Official Solicitor for order that Trust pay half his costs. Direction made in those terms.

Full report: Bailii

D, Re [2012] EWHC 885 (COP) (23 March 2012)

Application by NHS Trust for a declaration that it is lawful and in the best interests of a man in a permanent vegetative state to withdraw active medical treatment. Declaration granted.

Full report: Bailii

M (Children) [2012] EWHC 1948 (Fam) (12 July 2012)

Application for a transfer of residence by the father, in circumstances where the mother had been obstructing contact. Order made for staying contact, with the proviso that if the contact does not take place, the father shall be granted residence.

Full report: Bailii

AA (A child), Re [2012] EWHC 2647 (Fam) (temporary reference)

Fact-finding hearing in case where local authority contended that the mother neglected her children and that she was responsible for the deaths of two children by smothering. Neglect found, but smothering allegation not proved.

Full report: Bailii

Re Z (Adoption: Scottish Child Placed in England: Convention Compliance) [2012] EWHC 2404 (Fam) (30 August 2012)

Adoption application opposed by the parents on the grounds that the earlier Scottish placement procedure breached Arts 6 and 8 ECHR. Application granted.

Full report: Family Law Week

D and L (Surrogacy) [2012] EWHC 2631 (Fam) (28 September 2012)

Parental orders made pursuant to s.54 Human Fertilisation and Embryology Act 2008 in respect of twin boys. Judgment dealing with issues relating to s.54(1), dispensing with consent and authorisation of payments given by the Applicants.

Full report: Family Law Week

Derbyshire County Council v HM and Others [2011] EWHC 3389 (Fam) (15 December 2011)

Proceedings to determine which of two local authorities was the designated authority for the purposes of the Children Act 1989, section 31. Consideration as to whether the children in question were looked after children for the purposes of section 105(6).

Full report: Family Law Week

KK v STCC [2012] EWHC 2136 (COP) (26 July 2012)

Case concerning an 82-year old woman living in a nursing home, who wished to return to her own home.Judgment dealing with issues of capacity and deprivation of liberty.

Full report: Bailii

H-T (Children) [2012] EWCA Civ 1215 (11 September 2012)

Care proceedings. Appeal against s.34(4) direction giving the local authority permission to refuse any contact between the parents and any of the four children. Appeal allowed.

Full report: Family Law Week

I (A Child) [2012] EWCA Civ 1217 (24 July 2012)

Application for permission to appeal against a placement for adoption order. Application granted in part.

Full report: Family Law Week

Bristol City Council v A and A and Others [2012] EWHC 2548 (FAM) (25 September 2012)

Care proceedings in which two hair-strand tests were carried out to detect the mother's drug use, with contradictory results, one of the testers subsequently accepting that that its analysis was erroneous and unreliable.

Full report: Family Law Week

Independent Trustee Services Ltd v GP Noble Trustees Ltd & Another [2012] EWCA Civ 195

Appeal from dismissal of an application by trustees of pension funds to recover monies paid to the wife after an ancillary relief order, in circumstances where the husband had fraudulently appropriated the funds from the pension funds. Appeal allowed.

Full report: Family Law Week

J (A Child: Disclosure), Re [2012] EWCA Civ 1204 (21 September 2012)

Appeal against dismissal of application for disclosure by local authority of details relating to allegations of sexual abuse against the father. Appeal allowed.

Full report: Bailii

Akhtar v Hussain [2012] EWCA Civ 1170 (17 July 2012)

Application for permission to appeal against order that the parties are beneficially entitled to an equal half share in the property which they occupied as an unmarried couple. Permission granted, but only in respect of issue of occupation rent.

Full report: Family Law Week

A v T [2011] EWHC B28 (Fam) (09 December 2011)

Application by father for return to Sweden of two children. Application refused, on the basis of the father's consent to the removal and/or retention to this country.

Full report: Bailii

A v A [2012] EWHC 4226 (Fam) (17 September 2012)

Judgment on the issue of reporting restrictions in financial remedy proceedings. Order made prohibiting disclosure of any information in respect of the proceedings, save for specified matters.

Full report: Family Law Week

Singh v Singh & anor [2012] EWHC 615 (Ch) (21 February 2012)

Case in which the claimant father claimed that there is a constructive trust affecting all property held in the name of his son the first defendant, arising from the Hindu Joint Family System and the principles of Mitakshara.

Full report: Family Law Week

K (Children), Re [2012] EWCA Civ 1169 (30 August 2012)

Application by mother and stepfather for permission to appeal against interim care order removing the child from their care and placing him with the maternal grandparents, and a special guardianship order made in favour of the maternal grandparents. Application granted.

Full report: Bailii

Carlson v Switzerland ECHR (App No 49492/06) (6 November 2008)

American father issued Hague proceedings for the return of the child from Switzerland. The application was refused 4 months later on the grounds of consent. The father successfully claimed the proceedings had breached his Art 8, European Convention rights and had been unjustifiably delayed.

Report: Family Law

Full report: ECHR

L (A Child), Re [2012] EWCA Civ 1157 (21 August 2012)

Appeal by father against refusal to enforce a Portuguese judgment and decision that the English court had jurisdiction to deal with the mother's application for residence. Appeal allowed.

Full report: Bailii

Suggitt v Suggitt & Anor [2012] EWCA Civ 1140 (19 June 2012)

Appeal against property order made on the basis of proprietary estoppel. Appeal dismissed.

Full report: Family Law Week

Winter v Winter [2010] EWHC 3825 (Fam) (30 June 2010)

Committal application for breach of an order made in proceedings relating to the enforcement of a maintenance order. Suspended sentence of imprisonment imposed.

Full report: Family Law Week

C (A Child) [2012] EWCA Civ 1144 (11 July 2012)

Appeal against return order after the child changed her mind about returning to her father in Canada. The mother also sought the dismissal of the father's application, but this was refused and the matter was remitted to the Family Division.

Full report: Family Law Week

R v R [2012] EWHC 2390 (Fam) (13 August 2012)

Judgment in wife's application for financial remedy orders on dissolution of marriage, in case involving, inter alia, the evaluation of the wife's contributions to the development of the husband's company.

Full report: Bailii

Re B (Refusal to Grant Interim Care Order) [2012] EWCA (16 August 2012)

Appeal by local authority against a decision not to grant interim care orders in respect of two children. Appeal dismissed.

Report: Family Law

Re Ali [2012] EWHC 2302 (Admin) (18 July 2012)

Applications for declarations of beneficial interests in a number of properties by various family members of the husband, such claims being opposed by a receiver appointed to enforce a confiscation order.

Full report: Family Law Week

E v E [2012] EWCA (8 August 2012)

Appeal by W against order that decree nisi be made absolute once H had transferred a number of shares to her, on basis that W would be prejudiced if decree was made absolute before her financial appeal was heard. Appeal allowed.

Report: Family Law

N (A Child) [2012] EWCA Civ 1086 (11 July 2012)

Appeal claiming that the court had jurisdiction under the High Court's inherent jurisdiction to make orders in relation to a child, who is a British subject, notwithstanding the fact that that child is now present and habitually resident in another jurisdiction. Appeal dismissed.

Full report: Family Law Week

B (Children) [2012] EWCA Civ 1082 (5 July 2012)

Children Act Sch. 1 application by mother. Application for permission to appeal against decision that the mother was habitually resident within this jurisdiction. Application refused.

Full report: Family Law Week

Re B and H (Fact-Finding Hearing: Disability of Potential Perpetrator) [2012] EWCA (1 August 2012)

Care proceedings. Appeal against determination that it would be impossible or impractical to hold a fact-finding hearing in relation to allegations of sexual abuse made against the father, due to his learning difficulties. Appeal allowed.

Report: Family Law

L v P (Paternity Test: Child's Objection) [2011] EWHC 3399 (Fam) (28 July 2011)

Case concerning the issue of whether a 15-year-old should be compelled to provide DNA to discover whether the man named on her birth certificate was in fact her father. The court refused to order a DNA test.

Report: Family Law

Sheffield CC v Bradford MBC [2012] EWCA (22 June 2012)

Case concerning the determination of the local authority in which the child was ordinarily resident.

Report: Family Law

MA v JA and the Attorney General [2012] EWHC 2219 (Fam) (27 July 2012)

Application for a declaration under section 55(a) of the Family Law Act 1986 that a marriage which took place at a mosque was valid. Application granted.

Full report: Family Law Week

Re W (Withdrawal of Allegations of Abuse) [2012] EWCA (24 July 2012)

Appeal by mother against refusal of permission to revive allegations of abuse against the father that she had previously withdrawn. Appeal dismissed.

Report: Family Law

T (Children) [2011] EWCA Civ 1818 (13 October 2011)

Care proceedings. Appeal against order that the third intervener be discharged as an intervener. Appeal dismissed.

Full report: Family Law Week

Re C (Indirect Contact) [2012] EWCA (25 July 2012)

Appeal against order that the father should receive a photo of the child each year. Appeal allowed.

Report: Family Law

CA (A Baby), Re [2012] EWHC 2190 (Fam) (30 July 2012)

Proceedings involving the making of care and placement orders, in which the mother successfully claimed a breach of human rights in connection with the obtaining by the local authority of a s.20 consent.

Full report: Bailii

NHS Trust v Baby X & Ors [2012] EWHC 2188 (Fam) (30 July 2012)

Case concerning the question of whether a baby who suffered irreversible brain damage should be removed from a ventilator and made the subject only of palliative care. Held that he should.

Full report: Bailii

XCC v AA & Anor [2012] EWHC 2183 (COP) (26 July 2012)

Court of Protection proceedings in which a woman lacking capacity was subject to an arranged marriage. Declared that it was in her best interests for a nullity application to be issued by the Official Solicitor as her litigation friend.

Full report: Bailii

C (A Child), Re [2012] EW Misc 15 (CC) (11 May 2012)

Application by mother for prohibited steps order forbidding the father from baptising the children as Christians. Application dismissed.

Full report: Bailii

Shirt v Shirt [2012] EWCA Civ 1029 (27 March 2012)

Appeal concerning a dispute between a father and son as to the legal and beneficial entitlement to a farm. The Master of the Rolls also comments upon issues relating to judges correcting transcripts of their judgments.

Full report: Family Law Week

K (A Child: Post Adoption Placement Breakdown), Re [2012] EWHC 4148 (Fam) (27 July 2012)

Application  by local authority for a care order after the breakdown of an adoption placement where the child was beyond parental control. Care order made.

Full report: Bailii

HH v BLW [2012] EWHC 2199 (Fam) (28 June 2012)

Application for permission to appeal costs order in contact proceedings. Application refused: although the proposed appeal had a real prospect of success, it lacked any proportionality to the amount at stake.

Full report: Bailii

R (TT) v London Borough of Merton [2012] EWHC 2055 (Admin) (25 July 2012)

Application for judicial review of the policy of the defendant local authority in relation to the financial assistance to be given to special guardians. Application allowed.

Full report: Family Law Week

MD v Malta ECHR (Application No 64791/10) (17 July 2012)

The mother and two children claimed a breach of their rights under Arts 6, 8 and 13, in that they were denied access to the courts in order to challenge a care order following a change of circumstances. The ECHR found there had been a breach of Arts 6 and 8 of the European Convention.

Report: Family Law

Full report: ECHR

T (Children) [2012] UKSC 36 (25 July 2012)

Care proceedings. Appeal by local authority against order requiring them to pay the interveners' costs of a fact-finding hearing. Appeal allowed.

Full report: Supreme Court

Re A (Fact-Finding Hearing: Appeal) [2012] EWCA (18 July 2012)

Appeal by father against determination that he had inflicted serious injuries on the child. Appeal dismissed.

Report: Family Law

Musa v Karim [2012] EWCA (13 July 2012)

Appeal by husband against financial order on the basis of the wife's failure to disclose her interests in overseas properties. Appeal allowed.

Report: Family Law

W (Children), Re [2012] EWCA Civ 999 (24 July 2012)

Appeal by father against dismissal of his application for direct contact. Appeal allowed.

Full report: Bailii

S (A Child), Re [2012] EWCA Civ 1031 (24 July 2012)

Appeal by father against contact order and residence order in favour of mother, in case involving mother's relocation. Appeal dismissed.

Full report: Bailii

A Local Authority v C & Ors [2012] EWHC 1975 (Fam) (01 June 2012)

Application by Local authority for re-hearing concerning findings of fact, after judge had previously concluded that she could not be satisfied that the child's injuries were a result of her being abused by the father.

Full report: Bailii

Re B (Transfer of Foster Placement) [2012] EWHC (4 May 2012)

Local authority sought to move six siblings who were placed in three different foster homes. The guardians sought an injunction preventing a further move under s 8 of the Human Rights Act 1998. Application refused.

Report: Family Law

Re C (Abduction: Application to Set Aside Return Order) [2012] EWCA (11 July 2012)

The 15-year-old girl appealed a consent order for her return to Canada with her father after she changed her mind on where she wished to live. The case was remitted to the Family Division for rehearing.

Report: Family Law

Re M (Wasted Costs) [2012] EWCA (5 July 2012)

Application by local authority and guardian for wasted costs order after mother refused permission to appeal a decision to remove her child into care.

Report: Family Law

Re N (Abduction: Appeal) [2012] EWCA (11 July 2012)

Appeal by mother against decision not to order the return of her child from Lebanon. Appeal dismissed.

Report: Family Law

Arif v Zar & Anor [2012] EWCA Civ 986 (18 July 2012)

Appeals by husband and trustees against order that application by wife to annul husband's bankruptcy be transferred from the Chancery to the Family Division, to be heard with her application for ancillary relief. Appeals allowed.

Full report: Bailii

L-B (Children) [2012] EWCA Civ 984 (18 July 2012)

Care proceedings. Appeal by mother against finding by judge that the perpetrator of injuries to the child could not be identified, after the judge had previously stated that the father was the perpetrator. Appeal allowed.

Full report: Bailii

G v G [2012] EWHC 1979 (Fam) (11 May 2012)

Parental order under s.54 Human Fertilisation and Embryology Act 2008 made in favour of Mr and Mrs G. Application by Mr G to set aside the order on the basis, inter alia, that Mrs G concealed her intention to separate from him and bring up the child alone. Application refused.

Full report: Bailii

B v B [2012] EWHC 1924 (Fam) (13 July 2012)

Application by father for an order that, inter alia, the English court retain exclusive jurisdiction in relation to all matters concerning the children, notwithstanding that an earlier order had relinquished jurisdiction to Dubai, where the children lived. Application dismissed.

Full report: Bailii

RK v RK [2011] EWHC 3910 (Fam) (21 November 2011)

Ancillary relief application in which the principal issue was the extent to which trustees of a number of trusts, of which the husband and the children of the family are discretionary beneficiaries and of some of which the wife is a discretionary beneficiary, are likely to provide resources to or for the wife direct and/or to the husband to enable him to meet the wife's financial claim.

Full report: Family Law Week

H (A Child) [2012] EWCA Civ 913 (29 May 2012)

Appeal by father against order made in child abduction proceedings. Appeal allowed as order had been made on the basis of a misunderstanding as to the litigation history.

Full report: Family Law Week

Re L (Children) (Occupation order: absence of domestic violence) [2012] EWCA Civ (4 April 2012)

Appeal by husband against occupation order where there had been no finding of physical violence and against shared residence order which provided that the children should live primarily with the wife. Appeal dismissed.

Report: Law Society Gazette

A City Council v M [2012] EWHC B6 (Fam) (04 July 2012)

Care proceedings, involving issues of contact with the parents and an application by the local authority for an order under s.91(14).

Full report: Bailii

A (A Child), Re [2012] EWCC 4 (Fam) (13 June 2010)

Cross-applications for residence. Fact-finding hearing relating to, inter alia, a finding sought by the mother that the father had sexually abused the child.

Full report: Bailii

JRG v EB [2012] EWHC 1863 (Fam) (05 July 2012)

Application by father under Hague Convention, alleging that the children were wrongfully retained in this country by their mother. French court had awarded residence to F. The High Court declined to adjudicate on the Hague application, instead leaving F to register the French order under Art. 28(1) B2R.

Full report: Bailii

Doncaster Metropolitan Borough Council v Haigh [2012] EWCC 3 (Fam) (22 August 2011)

Care proceedings. Judgment in fact-finding hearing.

Full report: Bailii

Gallarotti v Sebastianelli [2012] EWCA Civ 865 (03 July 2012)

Flat purchased in sole name of one party, but with (unequal) contributions by both parties. Appeal against finding that the parties were beneficially entitled to the flat in equal shares. Order set aside and substituted with finding that the parties held the flat in 75%/25% shares.

Full report: Bailii

R & Ors (Minors), R (on the application of) v The Child and Family Court Advisory and Support Service [2012] EWCA Civ 853 (29 June 2012)

Appeal against dismissal of a claim for judicial review brought on behalf of 4 children against CAFCASS on the basis that failure to appoint a children's guardian in a timely manner, or in one of the cases at all, in care proceedings constituted a breach of statutory duty and/or a breach of the ECHR rights of the children. Appeal dismissed.

Full report: Bailii

Hope (aka Lewis, Formerly Krejci) v Krejci & Ors [2012] EWHC 1780 (Fam) (29 June 2012)

Application by wife for enforcement of lump sum and costs orders, involving variation of a family trust.

Full report: Bailii

Re C [2012] EWHC 907 (Fam) (22 March 2012)

Application by father to enforce Belgian order granting him custody of the child and requiring her return to Belgium. Application refused.

Full report: Family Law Week

B (A Child) [2012] EWCA Civ 858 (3 May 2012)

Appeal against residence order in favour of the paternal grandmother. Appeal allowed and re-trial directed.

Full report: Family Law Week

Re N (Parenting Assessment) [2012] EWCA (20 June 2012)

The father appealed a decision refusing a further parenting assessment. Appeal allowed.

Report: Family Law

Re H (McKenzie Friend) [2012] EWCA (20 June 2012)

Care proceedings. Appeal by father against refusal of permission for him to be assisted by a McKenzie friend. Appeal dismissed.

Report: Family Law

Ezair v Ezair [2012] EWCA 893 (31 May 2012)

Financial remedy proceedings. Judge combined wasted costs payment with lump sum payable by husband. Husband appealed. Appeal allowed.

Report: Family Law

Full report: Bailii

BCC v FZ & Ors [2012] EWHC 1154 (Fam) (03 April 2012)

Care proceedings involving 16 year old girl, in which the parents are deprived of access to all of the material upon which the Local Authority base their case.

Full report: Bailii

T (A Child) [2012] EWCA Civ 833 (20 March 2012)

Application for permission to appeal by grandmother against placement order, placing the child with distant relatives. Application refused and appeal dismissed.

Full report: Family Law Week

A & S (Children) v Lancashire County Council [2012] EWHC 1689 (Fam) (21 June 2012)

Case concerning 2 brothers who went into care in 1998 and were freed for adoption but no adopters were found. The brothers are now taking Human Rights Act proceedings against the local authority.

Full report: Bailii

F (Children) [2012] EWCA Civ 828 (3 April 2012)

Appeal by mother against findings of fact as to what happened during a supervised contact session between her and the two younger children, and the making of consequential orders in relation to contact. Appeal dismissed.

Full report: Family Law Week

HSE Ireland v SF (A Minor) [2012] EWHC 1640 (Fam) (15 June 2012)

Application by the Health Service Executive of Ireland for an urgent order under Article 20 Brussels II Revised. Order made as sought.

Full report: Bailii

A Local Authority v A Mother & Ors [2012] EWHC 1637 (Fam) (15 June 2012)

Public law proceedings. Child adopted by her aunt. Application by aunt for an order that the local authority should pay her costs of the latter part of the proceedings. Held that this was an exceptional case that justified an order requiring the local authority to contribute towards the aunt's costs.

Full report: Bailii

Doncaster Metropolitan Borough Council v Haigh & Ors [2010] EWCC 62 (Fam) (22 November 2010)

Care proceedings in which the mother's allegations that the father had sexually abused the child were found to be false. Ordered that the child should be the subject of a full care order and that she should move to her father's care.

Full report: Bailii

Re E (Medical treatment: Anorexia) [2012] EWHC 1639 (COP) (15 June 2012)

Woman suffering from severe anorexia and close to death. Application by local authority regarding her medical treatment. Held that she lacked capacity to make a decision about life-sustaining treatment and declared that it was in her best interests to be fed against her wishes.

Full report: Bailii

Health Service Executive v SC and AC (C-92/12 PPU) (26 April 2012)

Irish child with exceptional care needs. Professionals were unable to identify an institution in Ireland which could cater for child's needs but one in England was a possibility. Consent was obtained from Central Authority in England and the High Court ordered the child's placement but the High Court in Ireland made a reference for preliminary ruling on compliance with Brussels II Revised.

Report: Family Law

The X Primary Care Trust v XB & Anor [2012] EWHC 1390 (Fam) (01 May 2012)

Application by Primary Care Trust for declarations under s.26(4) of the Mental Capacity Act 2005 as to the validity of an advance decision made by the Respondent that he wished, amongst other things, to have his ventilation removed in certain defined circumstances. Held that the advance decision was effective.

Full report: Bailii

Thomas v Jeffrey and Others [2012] EWCA Civ 693 (31 May 2012)

Appeal against costs order in Inheritance Act proceedings. Appeal allowed.

Full report: Family Law Week

Revenue and Customs v Charman & Anor [2012] EWHC 1448 (Fam) (29 May 2012)

Application by HMRC for disclosure of documents produced in ancillary relief proceedings. Application dismissed.

Full report: Bailii

PK v BC [2012] EWHC 1382 (Fam) (19 March 2012)

Consent order made including maintenance for child. Father applied to CSA for maintenance assessment, which was half of the level of maintenance in the consent order. Mother issued a Sch 1 application to recoup the difference. Application dismissed.

Report: Family Law

Re E (A Child) [2011] EWHC 3521 (Fam) (10 June 2011)

Judgment in intractable contact / parental alienation case, giving guidance on case management in such matters.

Full report: Family Law Week

Dukali v Lamrani [2012] EWHC 1748 (Fam) (15 March 2012)

Application for leave to apply for an order for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. Application refused on the ground that the 'wife' could not demonstrate any marriage to which section 12 of that Act applies.

Full report: Bailii

J (A Child), Re [2012] EWCA Civ 720 (04 May 2012)

Contact application. Appeal by father against decision that there should be no order for contact. Appeal dismissed.

Full report: Bailii

B (A Child), Re [2012] EWCA Civ 737 (31 May 2012)

Care proceedings. Appeal by grandmother against refusal of her application to become a party to the proceedings. Appeal dismissed.

Full report: Bailii

DS & Ors (Children) [2012] EWHC 1442 (Fam) (31 May 2012)

Care proceedings. Guidance given by the President on the question of prior authority addressed to the Legal Services Commission in relation to expert evidence.

Full report: Bailii

Aspden v Elvy [2012] EWHC 1387 (Ch) (23 May 2012)

Unmarried couple disputed the beneficial ownership of a barn, which the man had transferred into the woman's name following their separation. Held, there was nothing in the man's words or conduct to infer a common intention that he should retain a beneficial interest. However, he acquired a 25% interest by making contributions after the transfer.

Report: Family Law 

Full report: Bailii

R (Children) , Re [2012] EWCA Civ 687 (04 May 2012)

Appeal by father against refusal to allow the instruction of an expert on transmission or cross-transmission of sexually transmitted diseases. Appeal dismissed.

Full report: Bailii

JS (a minor), Re [2012] EWHC 1370 (Fam) (29 March 2012)

Care proceedings. Fact-finding hearing considering the cause of subdural haematomas and retinal haemorrhage suffered by the child. Held that the child suffered the injuries as a result of inflicted trauma on two occasions in the form of assaults which included an element of shaking perpetrated by the father.

Full report: Bailii

Re L (Occupation Order) [2012] EWCA 721 (4 May 2012)

Judge made occupation order to exclude father from matrimonial home, after making findings that the children had suffered harm as a result of heated arguments between the parents. The father's appeal was dismissed.

Report: Family Law

Full report: Family Law Week

Kim v Morris [2012] EWHC 1103 (Fam) (2 May 2012)

The parties reconciled during the 4 years since decree nisi and so did not seek decree absolute but were now once again separated and sought to complete the divorce process. Held, the wife could not supplement her petition. Decree nisi rescinded, petition dismissed.

Report: Family Law 

Full report: Family Law Week

B (A Child) [2012] EWCA Civ 632 (20 April 2012)

Appeal by maternal grandmother against residence order in favour of mother, on the basis that the order was made without proper evidence or argument. Appeal allowed.

Full report: Family Law Week

S (A Child) [2012] EWCA Civ 617 (14 March 2012)

Appeal by mother against order for supervised contact made without hearing from Cafcass officers, in a case involving a finding of domestic violence against the father. Appeal allowed.

Full report: Family Law Week

D (A Child) [2012] EWCA Civ 627 (14 May 2012)

Appeal by local authority against determination that they were the designated local authority in a care order, where the mother was also a child. Appeal dismissed.

Full report: Bailii

Re H (Contact Order: Permissibility of Judge’s Actions) [2012] EWCA Civ 714 (3 May 2012)

Appeal by father against contact order on the basis that a discussion between counsel and the judge had constituted a breach of his rights under art 6. Appeal dismissed.

Report: Family Law

Full report: Family Law Week

VC v GC [2012] EWHC 1246 (Fam) (02 March 2012)

Application by father for a stay of mother's application for a residence order on the basis that the proper jurisdiction for consideration of all matters appertaining to parental responsibility is France. Application refused.

Full report: Bailii

W-B (A Child) [2012] EWCA Civ 592 (18 April 2012)

Appeal by mother against determination that residence proceedings should take place in England rather than in Scotland, where she and the child now reside. Appeal allowed.

Full report: Family Law Week

I-A (Children) [2012] EWCA Civ 582 (21 March 2012)

Appeal against care order allowed as the judge was found to have failed properly to address and assess the evidence of the stepfather, against whom the child had made an allegation of sexual abuse.

Full report: Family Law Week

C (A Child) [2012] EWCA Civ 535 (16 February 2012)

Care proceedings. Application by mother for permission to appeal against finding that she caused certain injuries to the child. Application granted and appeal allowed.

Full report: Family Law Week

W (Children) [2012] EWCA Civ 528 (2 February 2012)

Contact application in which the court made findings of violence by the father towards the mother. Appeal by mother against refusal to order a welfare report by a Cafcass officer and/or a psychological assessment of the father. Appeal allowed.

Full report: Family Law Week

Lilleyman v Lilleyman & Anor [2012] EWHC 1056 (Ch) (26 April 2012)

Judgment in relation to the costs of and occasioned by Claimant's claim for reasonable financial provision from the net estate of her late husband.

Full report: Bailii

Lilleyman v Lilleyman [2012] EWHC 821 (Ch) (04 April 2012)

Application by wife of 2 years for reasonable financial provision from the deceased husband's estate.

Full report: Bailii

Cawdery Kaye Fireman & Taylor v Minkin [2012] EWCA Civ 546 (1 May 2012)

Second appeal by solicitors against decision of costs judge that they had wrongfully terminated the retainer and were not entitled to their fees. Appeal allowed.

Full report: Family Law Week

E (A Child) [2012] EWCA Civ 537 (15 March 2012)

Care proceedings. Appeal by mother against placement order in case linked to proceedings concerning her partner's children. Appeal dismissed.

Full report: Family Law Week

AV v RM [2012] EWHC 1173 (Fam) (21 March 2012)

Application by mother for permission to appeal against order effecting change of residence. Permission granted.

Full report: Family Law Week

Geary v Rankine [2012] EWCA Civ 555 (29 March 2012)

Cohabitation. Appeal against decision that appellant had not acquired a beneficial interest in a business property. appeal dismissed.

Full report: Bailii

A County Council v M and F [2011] EWHC 1804 (Fam) (13 July 2011)

Care proceedings. Fact-finding hearing as to the cause of child's injuries and the cause of his death.

Full report: Bailii

LSdC (A Child) [2012] EWHC 983 (Fam) (24 April 2012)

Residence dispute in which the father contended that the Portuguese court (which had been seised of the proceedings) retained jurisdiction whereas the mother wished the English courts to determine the matter.

Full report: Family Law Week

Chapman v Jaume [2012] EWCA Civ 476 (29 March 2012)

Cohabitation. Appeal against decision that the appellant was not entitled to the return of money spent by him on improvements to the respondent's property. Appeal allowed.

Full report: Bailii

LB of Islington v Al Alas and Wray [2012] EWHC 865 (Fam) (19 April 2012)

Care proceedings. Child removed at birth following the death of her brother, who suffered from rickets. Held that the parents were not responsible for the death, and that the child should be returned to her parents.

Full report: Family Law Week

Re H-W (Care Proceedings: Non-Accidental Injuries) [2012] EWCA (26 March 2012)

Care proceedings. The cause of the injury did not support a finding that the child was at risk of long-term harm. Appeal allowed.

Report: Family Law

F v F [2012] EWHC 438 (Fam) (5 March 2012)

Final hearing of a financial remedy application in a complex big money case.

Full report: Family Law Week