A Local Authority v H [2012] EWHC 49 (COP) (27 January 2012)

Court of Protection. Order made declaring that 29 year-old woman lacked capacity, including to consent to sexual relations.

Full report: Bailii

GS v L [2011] EWHC 1759 (Fam) (06 July 2011)

Final hearing of application for ancillary relief, in which the husband claimed that a certain sum should be ring-fenced, on the basis that that sum represents assets which were owned by him prior to the marriage. Held that, with the exception of the husband's pension, all of the assets were required in order to satisfy needs. The case also involved consideration of a Spanish community of property agreement.

Full report: Bailii

B v S [2012] EWHC 265 (Fam) (17 February 2012)

Claim by wife for financial remedies following divorce, in which the question arose as to the weight, if any, to be ascribed to an alleged tacit agreement by the parties to adopt a matrimonial regime of separate property made by them on their marriage in Catalonia. Held that no weight should be placed on that agreement.

Full report: Bailii

G v G [2012] EWHC 167 (Fam) (24 February 2012)

Application for financial remedy involving the quantification of the lump sum to be paid to the wife to meet, or go towards meeting, her housing needs, and the quantum and period of periodical payments.

Full report: Bailii

Edgerton v Edgerton & Anor [2012] EWCA Civ 181 (24 February 2012)

Appeals by husband and third party against interlocutory decisions in ancillary relief proceedings where an order had been made in the Chancery Division that most of the husband's alleged assets were beneficially owned by the third party.

Full report: Bailii

Re PW (Adoption) [2011] EWHC 3793 (Fam) (12 October 2011)

Application by 69-year-old woman for permission to appeal out of time against an adoption order made when she was 17. Application refused.

Report: Family Law

F (Children) [2011] EWCA Civ 1765 (14 December 2011)

Paternity proceedings. Appeal against order deferring the registration of the children's true paternity with the Registrar General until they were informed of their paternity. Appeal allowed.

Full report: Family Law Week

Z (A child) [2012] EWHC 139 (Fam) (2 February 2012)

Applications by mother for residence and for permission to relocate to Australia. Residence order made and permission granted.

Full report: Family Law Week

W (A Child) [2012] EWCA Civ 106 (8 December 2011)

Appeal by father against a determination in relation to an interim placement in ongoing care proceedings. Appeal dismissed.

Full report: Family Law Week

El Gamal v Al Maktoum [2011] EWHC B27 (Fam) (22 December 2011)

Petition for nullity, on the basis that the marriage was void by reason of its failure to comply with the formalities of marriage at English law. Held, there was a wholesale failure to comply with the formal requirements of English law, and this was not therefore a void marriage but a 'non-marriage'. Accordingly, the nullity petition was dismissed.

Full report: Bailii

Re L (Transfer of Residence) [2011] EWHC B29 (Fam) (20 December 2011)

Care proceedings. A fact-finding hearing found that the parents were likely to be the perpetrators of non-accidental injuries to a 6-week-old baby. The local authority care plan for the child was to live with the paternal grandparents. The mother's refusal to accept the findings presented an ongoing risk. The child was made a ward of court, and his residence was transferred to the father and paternal grandparents.

Report: Family Law 

Full report: Bailii

Kopf and Liberda v Austria (Application No 1598/06) (17 January 2012)

The foster parents applied to have contact with the child. He had not been in contact with the foster parents for 3 years. The regional court and supreme courts dismissed the foster parent's appeals on Art 8 grounds. Held, the Austrian courts had failed in the procedural requirement implicit in Art 8 to deal diligently with the request for contact.

Report: Family Law

Full report: ECHR

B v B [2012] EWHC 314 (Fam) (16 January 2012)

Judgment of Mr David Salter sitting as a deputy judge of the Family Division of the High Court in a financial remedies case where the parties had been married for 15 years and involving issues of pre-marital wealth, the sharing principle, reattribution of assets rather than setting aside earlier dispositions and containing an important reminder of the correct method for valuing pensions in payment.

Full report: Family Law Week

L (Children) [2011] EWCA Civ 1705 (16 November 2011)

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

Full report: Family Law Week

K v LBX & Ors [2012] EWCA Civ 79 (08 February 2012)

Incapacitated adult. Appeal against order authorising a trial period in supported accommodation, on the basis that ECHR Art 8 respect for family life requires the court in determining issues under the inherent jurisdiction or the Mental Capacity Act 2005 to afford a priority to placement of an incapacitated adult in their family. Appeal dismissed.

Full report: Bailii

Re M [2012] EWCA Civ 165 (19 January 2012)

A fact-finding hearing found fractures of 10-week-old child had been non-accidental and perpetrated by the mother and father. The mother instructed an American paediatrician and sought permission to have his report admitted as fresh evidence. Application refused.

Report: Family Law 

Full reports: Family Law Week here and here

J v J [2011] EWHC 3255 (QB) (28 November 2011)

The mother took two children, then aged 5 and 1 to Austria. The father abducted the 5 year old child to England. The court ordered that the child be returned to Austria for a welfare determination to be carried out.

Report: Family Law

Young v Young [2012] EWHC 138 (Fam) (03 February 2012)

Application by husband for release of his passport, which had been impounded by the court, pending the hearing of the wife's claims for financial remedies. Application dismissed.

Full report: Bailii

O'Farrell v O'Farrell [2012] EWHC 123 (QB) (01 February 2012)

Proceedings in which the German wife sought to enforce two German maintenance orders made in divorce proceedings in Germany in 2003 and registered in the High Court, against the English husband.

Full report: Bailii