Shagroon v Sharbatly [2013] EWHC 3756 (Fam) (29 November 2013)

Judgment in proceedings to enforce undertakings given in the course of proceedings under Part III of the Matrimonial and Family Proceedings Act 1984.

Full report: Family Law Week

X v Latvia (Application no. 27853/09) (26 November 2013)

Referral to Grand Chamber of decision that Latvian courts had breached mother's Article 8 rights when ordering return of child to Australia. Held that there had been a violation of Article 8, the Latvian court having failed to carry out an effective examination of the mother's allegations under Article 13 (b).

Full report: ECHR

Constantinides v Constantinides [2013] EWHC 3688 (Fam) (06 November 2013)

Appeal by husband against committal for non-payment of maintenance order. Appeal allowed.

Full report: Bailii

M v M [2013] EWHC 3372 (Fam) (1 November 2013)

Application by wife for indemnity costs followings findings amounting to serious litigation misconduct by the husband and respondent companies in proceedings under Part III of the Matrimonial and Family Proceedings Act 1984. Applications granted.

Full report: Family Law Week

Tchenquiz -Imerman v Imerman [2013] EWHC 3627 (Fam) (22 November 2013)

Judgment explaining reasons for disclosure order requiring beneficiaries of offshore discretionary trusts to disclose copies of documents which had been provided to them for the purposes of an application which had been made to the Royal Court of Jersey by the trustee of some of those trusts.

Full report: Bailii

Young v Young [2013] EWHC 3637 (Fam)

Judgment in high-profile financial remedies application.

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HTML version: Bailii

C v D [2013] EWHC 2989 (Fam) (30 September 2013)

Hague Convention proceedings brought by father seeking return of child to Spain. Return order made.

Full report: Family Law Week

L, Re (Leave To Oppose Making of Adoption Order) [2013] EWCA Civ 1481 (21 November 2013)

Appeal by mother against refusal to grant her permission under section 47(5) of the Adoption and Children Act 2002 to oppose the making of an adoption order. Appeal allowed.

Full report: Bailii

D, Re (Leave To Oppose Making of Adoption Order) [2013] EWCA Civ 1480 (21 November 2013)

Appeal by mother against refusal to grant her permission under section 47(5) of the Adoption and Children Act 2002 to oppose the making of an adoption order. Appeal dismissed.

Full report: Bailii

C (A Child), Re [2013] EWCA Civ 1412 (21 November 2013)

Appeal by father against order refusing direct contact, where there had been an assumption of alleged facts against father when the court had not conducted a finding of fact hearing. Appeal allowed.

Full report: Bailii

AT & Ors v London Borough Of Islington [2013] EWCA Civ 1505 (14 June 2013)

Application for permission to appeal against dismissal of claim for judicial review of decisions of local authority, including failure to assess the needs of two children as "children in need". Application refused.

Full report: Bailii

A & B (Children), Re [2013] EWHC B22 (Fam) (29 January 2013)

Care proceedings in which one child had died and another had sustained injuries.

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Wiltshire Council v F & Ors [2013] EWHC 2747 (Fam) (26 April 2013)

Care proceedings involving a Ghanaian boy who was not the child of the people who purported to be his parents.

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W, Re [2013] EWHC 3570 (Fam) (09 October 2013)

Application for parental orders by the biological parents of children, who were carried by a surrogate mother.

Full report: Bailii

G v B [2013] EWHC 3414 (Fam) (07 November 2013)

Judgment following hearing of wife's financial remedies application, in which she claimed that the husband had failed to disclose assets.

Full report: Bailii

C (A Child) [2013] EWCA Civ 1491 (28 June 2013)

Application for permission to appeal a Schedule 1 order in which the M was the non-resident parent. The judge had refused her application for regular maintenance payments, provision for her to remain in the house she had shared with the child for 11 years and a lump sum to refurbish the property. The application for permission to appeal was refused.

Full report: Family Law Hub

W (Children) [2013] EWCA Civ 1488 (20 August 2013)

Mother's appeal against an order that the child's name be changed so that his middle name was that of his father. The appeal was allowed to the limited extent that the decision should be made again, on the basis that the judge had not applied the right test.

Full report: Family Law Hub

Surrey County Council v Al-Hilli & Ors [2013] EWHC 3404 (Fam) (04 November 2013)

Special guardianship orders made in favour of aunt and uncle of two girls whose parents were killed.

Full report: Bailii

Assoun v Assoun [2013] EWCA Civ 1457 (16 October 2013)

Financial provision case where the H was arguing against a ruling that he was in a prosperous position and therefore could afford to pay for his W's legal costs as well as his own. H complained that the judge had failed to look into the means of the W, because H said that she did have available money to obtain legal services for the purposes of the proceedings, whilst he did not. The H's application for permission to appeal was refused but the judge said 'woe betide his wife if it turns out that the basis on which she obtained this substantial order turns out to be false'.

Full report: Family Law Hub

P (Children) [2013] EWCA Civ 1475 (22 October 2013)

Application by M's partner for permission to appeal a finding that it was more likely than not that M's daughter had suffered a non-accidental injury and that the perpetrator was her partner. This finding was made even though the judge said that the medical evidence was equivocal. The application was granted because the judge considered not only that there was an argument with a real prospect of success but also that the seriousness of the consequences for the partner provided a compelling reason to grant permission.

Full report: Family Law Hub

A v A [2013] EWHC 3554 (Fam) (07 November 2013)

Interim care order made after return of children from Pakistan, in accordance with earlier order.

Full report: Bailii

K (A Child: Wardship: Publicity), Re (No 2) [2013 EWHC B21 (Fam) (08 November 2013)

Wardship proceedings relating to a sixteen year old girl. Judgment relating to issue of publicity.

Full report: Bailii

K (A Child: Therapy), Re [2013 EWHC B20 (Fam) (19 February 2013)

Wardship proceedings relating to a sixteen year old girl. Judgment relating to the provision of therapy for her.

Full report: Bailii

H (A Child) [2013] EWCA Civ 1440 (30 October 2013)

Grandmother's application for permission to appeal an order for indirect contact between her and her granddaughter after a previous order for direct contact had failed because the child refused to see her. Application for permission to appeal was granted.

Full report: Family Law Hub

N (Children) [2013] EWCA Civ 1381 (3 October 2013)

Appeal by F against an order which altered the existing requirement for provision of staying contact on the basis that the judge considered it was simply impossible for him to sanction any form of order that went beyond a concession by the M (that of daytime contact). The appeal was dismissed but the M was then urged, as a matter of priority, to file her statement explaining what had happened in relation to contact so that the case could be concluded.

Full report: Family Law Hub

B (A Child) [2013] EWCA Civ 1434 (13 November 2013)

Care proceedings. Appeal by mother against decision that the court had jurisdiction notwithstanding that the child was habitually resident in Sweden. Appeal allowed.

Full report: Bailii

Shield v Shield [2013] EWHC 3525 (Fam) (01 November 2013)

Divorce and financial remedy proceedings. Judgment regarding dispute as to appointment of litigation friend for the husband.

Full report: Bailii

Brown v Davies [2013] EWHC 3523 (Fam) (30 October 2013)

Sentencing judgment in relation to contempt proceedings in respect of three members of mother's family who refused to divulge her whereabouts after location order made.

Full report: Bailii

London Borough of Ealing v Connors [2013] EWHC 3493 (Fam) (11 October 2013)

Care proceedings. Application by local authority for committal of the mother for breach of a collection order.

Full report: Bailii

A Local Authority v SY [2013] EWHC 3485 (COP) (12 November 2013)

Application by a local authority in the Court of Protection in respect of the capacity of the Respondent to litigate and to make decisions in relation to her life.

Full report: Bailii

Wakefield City Council v Rogers [2013] EWCC 8 (Fam) (09 October 2013)

Application by local authority for committal of the defendant for breach of an order prohibiting him from having contact with a young person in its care.

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A v A [2013] EWHC 3298 (Fam) (07 October 2013)

Judgment following order of the Supreme Court that the youngest child of the family should be brought to this country, notwithstanding that he had never lived here.

Full report: Bailii

A-Z v Birmingham City Council [2013] EWHC 3462 (Fam) (16 October 2013)

Application by father for discharge of care orders. Application dismissed.

Full report: Bailii

Ball v Shepstone [2013] EWCC 7 (Fam) (03 October 2013)

Order for committal of husband for failure to comply with order to file Form E.

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Duncan v Duncan [2013] EWCA Civ 1407 (09 October 2013)

Appeal by wife against an order setting aside a financial order on the basis of a conflict of interest. Appeal allowed and original order restored.

Full report: Bailii

M, Re (Best Interests: Deprivation of Liberty) [2013] EWHC 3456 (COP) (23 October 2013)

Proceedings under Section 21A of the Mental Capacity Act 2005 challenging a Deprivation of Liberty Standard Authorisation.

Full report: Bailii

Y (A Child) [2013] EWCA Civ 1337 (3 October 2013)

Mother's appeal against care and placement orders. Appeal dismissed and application remitted for re-hearing.

Full report: Family Law Week

W (Fact Finding: Hearsay Evidence) [2013] EWCA Civ 1374 (06 November 2013)

Appeal by parents against findings of fact in care proceedings, principally concerning the way in which the judge approached hearsay evidence adduced by the local authority. Appeal allowed.

Full report: Bailii

Re E (Adoption Order: Proportionality of Outcome to Circumstances) [2013] EWCA (29 October 2013)

Appeal by mother against care and placement orders. Appeal allowed. Placement order set aside and care order replaced with an interim care order.

Report: Family Law