Family Lore Case Digest: July 2017

TG (A Child : location order and disclosure orders) [2017] EWHC 514 (Fam) (15 February 2017)

Application by father for return of child to Ireland, Application refused.

Full report: Bailii

Southend Borough Council v CO & Anor [2017] EWHC 1949 (Fam) (28 July 2017)

Application by local authority for an injunction preventing the parents of children subject to care orders from publishing information about the proceedings.

Full report: Bailii

JS v Secretary of State for Work and Pensions and another (CSM) (Child support - maintenance assessments/calculations) [2017] UKUT 296 (AAC) (13 July 2017)

Appeal by father against maintenance assessment, on the basis that he shared care of the child equally with the mother, and should not therefore be treated as a non-resident parent.

Full report: Bailii

A (A Child : Adoption) [2017] EWFC B46 (9 May 2017)

Care and placement proceedings in relation to an 8 month old child.

Full report: Bailii

P and O (Child Abduction: Anticipatory Breach) [2016] EWHC 3535 (Fam) (10 November 2016)

Application by father for summary return of children to Australia, including consideration of whether it is possible for an anticipatory breach of an agreement to amount to a wrongful retention.

Full report: Bailii

Amin v Amin [2017] EWCA Civ 1114 (25 July 2017)

Appeal by husband against order made pursuant to Part III MFPA 1984. Appeal dismissed.

Full report: Bailii

D (Appeal : Failure of Case Management) [2017] EWHC 1907 (Fam) (24 July 2017)

Appeal by mother in proceedings relating to contact, against decision that allegedly abusive father could cross-examine the mother. Appeal allowed.

Full report: Bailii

J (Child Refugees) [2017] EWFC 44 (23 January 2017)

Application for care orders in respect of two child refugees.

Full report: Bailii

BC v EF (No.2) (Parental Responsibility : Immunisation) [2017] EWFC 49 (21 April 2017)

Further hearing in case concerning immunisation of children, the father having a change of mind following an order that immunisation take place.

Full report: Bailii

L (Children) [2017] EWCA Civ 1137 (27 July 2017)

Appeal against care orders in relation to two children. Appeal dismissed.

Full report: Bailii

Tobias v Tobias [2017] EWFC 46 (29 June 2017)

Application by husband for freezing order in relation to the former matrimonial home.

Full report: Bailii

A (Letter to a Young Person), Re [2017] EWFC 48 (26 July 2017)

Application by father to remove child to a Scandinavian country. Judgment in form of letter to the child.

Full report: Bailii

C (A Child : Removal of forename). ), Re [2017] EWFC B44 (26 July 2017)

Appeal by father against order giving mother permission to remove child's middle name. Appeal dismissed.

Full report: Bailii

Birch v Birch [2017] UKSC 53 (26 July 2017)

Appeal by wife against decision that the court had no jurisdiction to hear an application to be released from undertaking to sell former matrimonial home. Appeal allowed.

Full report: Bailii

N-S (Children), Re [2017] EWCA Civ 1121 (25 July 2017)

Appeal by father against care and placement orders in respect of four children, complaining of lack of adequate judicial reasoning for the orders. Appeal dismissed.

Full report: Bailii

AB (Adoption or Rehabilitation) [2017] EWFC B44 (4 July 2017)

Final hearing of adoption application of two year old child, following care and placement orders.

Full report: Bailii

McILWRATH v. RUSSIA - 60393/13 [2017] ECHR 679 (18 July 2017)

Application by father alleging a disruption of his family life by the failure of the Russian authorities to assist him in being reunited with his children, after they had been removed to Russia by their mother from their habitual place of residence in Italy.

Full report: Bailii

Carmarthenshire County Council v Y [2017] EWFC 36 (30 June 2017)

Care proceedings. Fact-finding hearing in respect of historic abuse allegations against father.

Full report: Bailii

Great Ormond Street Hospital -v- Yates and Gard [2017] EWHC 1909 (Fam) (24 July 2017)

Application by NHS Trust for an order that it is lawful and in best interests of child with brain damage for artificial ventilation to be withdrawn. Further hearing to consider fresh evidence.

Full report: Courts and Tribunals Judiciary (PDF)

HTML version: Bailii

T (A Child : early permanence or kinship carers) [2017] EWFC B43 (14 July 2017)

Care proceedings concerning eleven month old child. Judgment considering whether to place him with foster parents, or paternal aunt and uncle.

Full report: Bailii

Casey v Cervi [2017] EWHC 1669 (Fam) (05 July 2017)

Appeal by mother against orders recognising and permitting enforcement of Irish custody order in favour of the father. Appeal allowed.

Full report: Family Law Week

W (A Child), Re [2017] EWFC B42 (03 May 2017)

Appeal by local authority against care order, which was considered to be disproportionate and unnecessary.

Full report: Bailii

A Local Authority v A & Ors [2016] EWHC 2635 (Fam) (19 September 2016)

Care proceedings in respect of a child living with a Nigerian couple who were not the biological parents.

Full report: Bailii

A (Refusal of Article 15 application for transfer) [2017] EWFC B41 (14 July 2017)

Care proceedings relating to child of Latvian parents. Judgment concerning application for transfer of the proceedings to Latvia.

Full report: Bailii

An NHS Hospital Trust v GM & Ors [2017] EWHC 1710 (Fam) (30 June 2017)

Judgment concerning the continued treatment of a child who had suffered severe brain damage.

Full report: Bailii

Wigan Metropolitan Borough Council v M & Ors [2016] EWFC 13 (11 March 2016)

Care proceedings. Fact-finding hearing in relation to the death of father's child by previous relationship.

Full report: Bailii

R (Closed Material Procedure : Special Advocates : Funding) [2017] EWHC 1793 (Fam) (13 July 2017)

Judgment concerning issue of how the costs of a Special Advocate instructed in connection with a closed material procedure in public law proceedings should be funded.

Full report: Bailii

Human Fertilisation And Embryology Act (Cases AD, AE, AF, AG and AH : No 2) [2017] EWHC 1782 (Fam) (13 July 2017)

Guidance by President for use in cases in which partner of mother of child born as a result of IVF treatment seeks a declaration that they are the child's legal parent, following administrative failure by clinic providing treatment.

Full report: Bailii

W (A Child : No 4) [2017] EWHC 1760 (Fam) (10 July 2017)

Application by father to set aside adoption order. Application dismissed.

Full report: Bailii

X (A Child : care order) (3) [2017] EWFC B40 (23 June 2017)

Care proceedings concerning five month old child. 12 month supervision order made in favour of local authority.

Full report: Bailii

B (A Child : guardianship order) [2017] EWFC B39 (09 June 2017)

Care proceedings concerning one year old child. Special guardianship order made in favour of paternal grandparents.

Full report: Bailii

C (Children) [2017] EWCA Civ 980 (12 July 2017)

Appeal by father against refusal of application for summary return of children to Australia.

Full report: Bailii

P-K (Children) [2017] EWCA Civ 965 (12 July 2017)

Application for permission to appeal findings of fact made in public law children proceedings.

Full report: Bailii

S-F (A Child) [2017] EWCA Civ 964 (12 July 2017)

Appeal by local authority against refusal to make a placement order. Appeal dismissed.

Full report: Bailii

E and N (No 2), Re [2017] EWFC B27 (06 July 2017)

Judgment concerning the admission of potentially illegally obtained surveillance evidence in care proceedings.

Full report: Bailii

SA v FA (setting aside consent order on ground of duress) [2017] EWHC 1731 (Fam) (16 May 2017)

Application by mother to set aside consent order dismissing proceedings relating to the return of children from Iraq, on the ground of duress. Application granted.

Full report: Bailii

Veluppillai v Chief Land Registrar & Ors [2017] EWHC 1693 (Fam) (11 April 2017)

Applications by Chief Land Registrar and Bank of Scotland Plc to strike out claims made by husband, in breach of civil restraint order, with intention of thwarting implementation of financial remedies order.

Full report: Bailii

Miller & Anor v Miller & Anor (Jamaica) [2017] UKPC 21 (6 July 2017)

Appeal by a Jamaican husband against a ruling of the Court of Appeal of Jamaica that the beneficial interest of a property bought by a married couple was to be held in equal shares. Appeal dismissed.

Full report: Bailii

W v The Secretary of State for the Home Department [2017] EWHC 1733 (Fam) (07 July 2017)

Application for recognition of a Nigerian adoption order.

Full report: Bailii

B and C (whether to hold fact find where NAI alleged), Re [2017] EWFC B38 (10 February 2017)

Care proceedings. Hearing to determine whether to hold fact-finding hearing, where non-accidental injury alleged.

Full report: Bailii

The London Borough of Tower Hamlets v M & Ors [2017] EWHC 692 (Fam) (31 March 2017)

Care proceedings in which a disclosure order was made against the Secretary of State for the Home Department (SSHD), seeking information about any extremist or radicalised conduct by the adults in the family. Application by SSHD for public interest immunity.

Full report: Bailii


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