UD v XB (Case C-393/18 PPU) UD v XB (Case C-393/18 PPU) (Court of Justice of the European Union, 17 October 2018)

Jurisdiction – Habitual residence – Art 8, BIIA - Preliminary ruling – Physical presence – Coercion of mother to give birth in Bangladesh. The Court of Justice of the European Union held that a child could not be found to be habitually resident in a Member State in which they had never been to for the purposes of Art 8 of BIIA.

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Hart v Hart [2018] EWHC 2894 (Fam) (25 October 2018)

Judgment dealing with issue of whether there had been a contempt in relation to the implementation of a financial remedies order.

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KD v AM & Ors (Jurisdiction: Child in Other Jurisdiction) [2018] EWFC 64 (10 August 2018)

Proceedings concerning arrangements for child, including whether he should reside permanently in the US, where he is now living. Judgment concerning issue of jurisdiction.

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University College London Hospitals v KG [2018] EWCOP 29 (08 October 2018)

Application by NHS Trust for authority to administer novel treatment to patient lacking capacity.

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SJ, Re [2018] EWCOP 28 (24 August 2018)

Application by NHS Trust for authorisation of medical treatment in relation to a patient detained under s.3 MHA.

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D, (A Child), Re [2018] EWCOP 31 (05 October 2018)

Judgment concerning accommodation of child exhibiting extreme behaviour, possibly as a consequence of what she witnessed whilst living in Iraq.

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A (Final Hearing: Threshold not met), Re [2018] EWFC 63 (12 October 2018)

Care proceedings concerning four children. Threshold not met. Judgment includes legal summary.

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A and R (Children), Re [2018] EWHC 2771 (Fam) (13 September 2018)

Appeal against findings made on cross-allegations of domestic abuse arising in proceedings for a child arrangements order. Appeal dismissed.

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Lomax & Ors v Greenslade [2018] EWHC 2623 (Ch) (23 July 2018)

Appeal against award in Inheritance Act proceedings arising in circumstances where a father had not made provision for his 3 children in the will. At first instance the judge had made an award to the claimant children leaving the defendant with 69k out of 699k. Her appeal was rejected though the awards to the children reduced slightly as a result of fresh evidence about the value of the estate and other costs incurred.

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C (An Infant), Re [2018] EWHC 2750 (Fam) (17 October 2018)

Judgment concerning withdrawal of medical treatment for two month old child with brain abnormality.

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H (Children) [2018] EWFC 61 (18 October 2018)

Care proceedings concerning two children, which took 116 weeks to resolve. Judgment considering what could be done to avoid delay, particularly caused by concurrent criminal proceedings.

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W.X.Y.Z. (Care Proceedings -NAI- EDS -Von Willebrand Disease) [2018] EWFC B62 (19 September 2018)

Care proceedings in relation to 4 children, including consideration of whether her medical history had any bearing upon injuries suffered by one child.

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Y (Autism -Care Proceedings- Deprivation of Liberty), Re [2018] EWHC B63 (23 April 2018)

Application for care order in respect of an autistic young person, and for an order declaring that it is lawful for the local authority to deprive him of his liberty.

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P (Sexual Relations and Contraception) v.2 [2018] EWCOP 10 (18 April 2018)

Judgment in long-running proceedings involving a vulnerable young woman, addressing issues concerning her sexual relationships and the covert insertion of a contraceptive device.

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RJ v CM [2018] EWHC 2509 (Fam) (24 July 2018)

Appeal by mother against refusal to adjourn fact-finding hearing in child arrangements proceedings. Appeal dismissed.

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A (A Child) [2018] EWCA Civ 2240 (16 October 2018)

Appeal against SGO in favour of foster carer, rather than child's maternal family in Ghana. Appeal allowed.

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MB v TB [2018] EWHC 2035 (Fam) (31 July 2018)

Judgment in jurisdiction dispute between wife who had issued divorce proceedings in England and husband who had issued in Germany. Held, the English court was seised of the wife's petition and that seisin had not been defeated by a failure by the wife to take steps she was required to have service effected, as alleged by the husband.

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AS v Secretary of State for Work and Pensions (CSM) (Child support - variation/departure directions: diversion of income) [2018] UKUT 315 (AAC) (24 September 2018)

Appeal by father against diversion of income decision. Appeal dismissed.

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PM v CF [2018] EWHC 2658 (Fam) (03 October 2018)

Judgment in case in which, inter alia, father's parental responsibility was terminated, in the light of the risk he posed to the mother, and the children's need for protection.

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IQ v JP C-478/17 (Court of Justice of the European Union, 4 October 2018)

Jurisdiction – Art 15, BIIA – Preliminary ruling – Two courts of different Member States seised of matters relating to parental responsibility – Application of Art 15. The Court of Justice of the European Union held that Art 15 of BIIA did not apply where both courts of Member States had jurisdiction under Arts 8 and 12.

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O (A child : No Available Secure Accommodation) [2018] EWFC B60 (08 October 2018)

Application for secure accommodation order. No placements available.

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T (A Child) [2018] EWCA Civ 2136 (04 October 2018)

Appeal relating to the exercise of the inherent jurisdiction when called upon to make orders which, but for a lack of capacity in the statutory system, would be made as secure accommodation orders under Children Act.

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The Public Guardian v DA & Ors [2018] EWCOP 26 (5 October 2018)

Judgment concerning two test cases brought by the Public Guardian, regarding the validity of words in lasting powers of attorney. The first concerns words relating to euthanasia or assisted suicide, whereas the second concerns words as to the appointment of multiple attorneys.

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B (A Child) [2018] EWCA Civ 2127 (04 October 2018)

Mother's appeal from a fact-finding decision given in care proceedings, concerning injuries sustained by one year old child.

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A.B.V. v. RUSSIA - 56987/15 (Judgment : Article 2 - Right to respect for private and family life : Third Section) [2018] ECHR 785 (02 October 2018)

Application by father alleging that the Russian domestic authorities had failed to offer him effective assistance in securing contact with his daughter, in breach of Article 8. Held, there had been a violation of Art 8.

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London Borough of Hounslow v A Father & Mother (Costs in the Court of Protection - Disproportionate litigation) [2018] EWCOP 23 (21 September 2018)

Decision relating to costs of proceedings concerning young man lacking capacity to manage his property and affairs.

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Rogan v Rogan [2018] EWHC 2512 (Fam) (21 September 2018)

Judgment summons application by wife, in relation to non-payment of spousal maintenance.

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