Hutchings-Whelan v Hutchings [2012] EWCA Civ 38 (26 January 2012)

Appeal by husband against ancillary relief order, limited to issues allowed when permission to appeal was granted. Appeal dismissed in its entirety.

Full report: Bailii

X v Latvia (Application No 27853/09) (13 December 2011)

The mother was a Latvian national living in Australia. The mother and child returned to Latvia. Partner made a Hague Convention application. Latvian court ordered the mother to return the child to Australia. Mother alleged a breach of Arts 6 and 8 of the European Convention. The Latvian court's approach lacked an in-depth examination of the whole family situation which rendered the return order a disproportionate interference.

Report: Family Law

Full report: ECHR

Kayani, R. v [2011] EWCA Crim 2871 (13 December 2011)

Two fathers appealing against sentences for child abduction. The issue was whether the interests of the children should lead to a reduction in sentence. Held that it did not, and both appeals were dismissed.

Report: Family Law

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G v A & Ors (No 3) [2011] EWHC 2377 (Fam) (19 September 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. Directions given regarding the purchase of a suitable property.

Full report: Bailii

LG v DK [2011] EWHC 2453 (COP) (5 October 2011)

Court of Protection proceedings concerning the issue of whether it would be in the best interests of an 84 year old man with dementia to provide a bodily sample for DNA purposes in order to decide whether or not a woman is his daughter.

Full report: Family Law Week

Galloway v Goldstein [2012] EWHC 60 (Fam) (16 January 2012)

Unopposed application for a declaration of marital status under section 55(1)(c) Family Law Act 1986. Parties married in USA then went through second marriage ceremony in England. First marriage dissolved by American court. Held that the marriage did not subsist after the American divorce, and that the ceremony held in England was of no legal effect.

Full report: Bailii

NLW v ARC [2012] EWHC 55 (Fam) (13 January 2012)

Application for permission to appeal ancillary relief consent order on the basis of non-disclosure and undue influence. Permission granted.

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NB v London Borough of Haringey [2011] EWHC 3544 (Fam) (07 October 2011)

Application for stay of interim care order pending appeal. Application refused.

Full report: Bailii

N (A Child: Religion: Jehovah's Witness), Re [2011] EWHC 3737 (Fam) (24 August 2011)

Residence proceedings involving a four year old boy. The mother is a Jehovah's Witness. The parents agreed shared residence, but the court had to deal with issues relating to the mother's religion.

Full report: Bailii

SM v Sutton [2011] EWHC 3465 (Admin) (21 December 2011)

The mother sought disclosure under the Data Protection Act 1998 of information held by the local authority disclosed by third parties about the mother's husband.

Report: Family Law

Dolan v Corby [2011] EWCA Civ 1664 (7 December 2011)

Appeal against occupation order excluding the appellant from the property. Appeal dismissed.

Full report: Family Law Week

Re C; C v Blackburn and Darwen Borough Council (2011) EWHC 3321 (COP) (December 2011)

Court of Protection proceedings to determine whether the accommodation of a 45 year old man with an acquired brain injury in a local authority care home amounted to a deprivation of his liberty. Held, on a narrow balance, that he was subject to a restriction on his liberty rather than being deprived of it.

Full report: Family Law Week

B-A (Children) [2011] EWCA Civ 1643 (1 December 2011)

Care proceedings. Appeal by maternal grandmother against order refusing her party status. Appeal allowed.

Full report: Family Law Week

Kremen v Agrest (No.11) (Financial Remedy: Non-Disclosure: Post-Nuptial Agreement) [2012] EWHC 45 (Fam) (19 January 2012)

Final judgment in application by wife for financial orders under Part III of the Matrimonial and Family Proceedings Act 1984, dealing with issues of material non-disclosure by husband and the treatment to be given to a post-nuptial agreement.

Full report: Bailii

HN v FL & Anor [2011] EWHC 2894 (COP) (11 October 2011)

Court of Protection. Application by sister of adult lacking capacity for her to be moved to a new nursing home and for restrictions imposed upon the sister to be removed.

Full report: Bailii

SJ & Anor v JJ & Anor [2011] EWHC 3450 (Fam) (16 September 2011)

Child wrongfully retained in Poland by his mother. Father sought an order for his return to England or, in the alternative, an order determining contact. Held that summary return would be against the child's interests, but interim contact order made.

Full report: Bailii

Davis v Smith [2011] EWCA Civ 1603 (23 November 2011)

Appeal against a decision that a joint tenancy of a former matrimonial property had been severed when the husband and the wife had agreed as to its sale and the division of the proceeds.

Report: Family Law

RK v BCC and others [2011] EWCA Civ 1305 (20 December 2011)

Appeal from the Court of Protection. Deprivation of liberty. Circumstances when it can be said a child has been deprived of liberty.

Full report: Family Law Week

R v R [2011] EWHC 3093 (Fam) (5 April 2011)

Use of White v White etc authorities not helpful in a case in which barely enough to cover needs. Held that in such cases, counsel should not waste time in preliminary theoretical discussions, but move swiftly to look at practicalities of suggested outcomes.

Report: Family Law

Full report: Family Law Week

London Borough of Hillingdon v Neary & Ors [2011] EWHC 3522 (COP) (29 December 2011)

Court of Protection proceedings. Order for costs made against local authority, in view of their unreasonable approach to the case.

Full report: Bailii

AH v Hertfordshire Partnership NHS Foundation Trust & Anor (including costs) [2011] EWHC 276 (COP) (17 February 2011)

Court of Protection proceedings dealing with the possible removal of an adult from Specialist Residential Service to an alternative home. Held that his needs would be better met at SRS.

Full report: Bailii

AH & Ors, Re (Costs) [2011] EWHC 3524 (COP) (16 November 2011)

Court of Protection proceedings. Order for costs made against public bodies, in view of substandard practice and failure to recognise weakness of their cases.

Full report: Bailii