Family Lore Case Digest: July 2017

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.

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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.

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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.

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

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

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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Trust for an order that it is lawful and in best interests of child with brain damage for artificial ventilation to be withdrawn.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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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

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

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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.

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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.

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

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

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

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

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

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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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