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