Family Lore Case Digest

X v Latvia (Application No 27853/09) (13 December 2011)

2012-01-27T17:39:00.003Z

The mother was a Latvian national living in Australia. The mother and child returned to Latvia. Partner made a Hague Convention application. Latvian court ordered the mother to return the child to Australia. Mother alleged a breach of Arts 6 and 8 of the European Convention. The Latvian court's approach lacked an in-depth examination of the whole family situation which rendered the return order a disproportionate interference.

Report: Family Law

Full report: ECHR

Kayani, R. v [2011] EWCA Crim 2871 (13 December 2011)

2012-01-27T15:26:00.002Z

Two fathers appealing against sentences for child abduction. The issue was whether the interests of the children should lead to a reduction in sentence. Held that it did not, and both appeals were dismissed.

Report: Family Law

Full report: Bailii

G v A & Ors (No 3) [2011] EWHC 2377 (Fam) (19 September 2011)

2012-01-26T14:04:00.000Z

Further proceedings relating to the enforcement of a Sch.1 order requiring the father to pay a lump sum to enable the purchase of a property for the mother and child. Directions given regarding the purchase of a suitable property.

Full report: Bailii

LG v DK [2011] EWHC 2453 (COP) (5 October 2011)

2012-01-25T16:24:00.002Z

Court of Protection proceedings concerning the issue of whether it would be in the best interests of an 84 year old man with dementia to provide a bodily sample for DNA purposes in order to decide whether or not a woman is his daughter.

Full report: Family Law Week

Galloway v Goldstein [2012] EWHC 60 (Fam) (16 January 2012)

2012-01-24T15:41:00.000Z

Unopposed application for a declaration of marital status under section 55(1)(c) Family Law Act 1986. Parties married in USA then went through second marriage ceremony in England. First marriage dissolved by American court. Held that the marriage did not subsist after the American divorce, and that the ceremony held in England was of no legal effect.

Full report: Bailii

NLW v ARC [2012] EWHC 55 (Fam) (13 January 2012)

2012-01-24T15:31:00.001Z

Application for permission to appeal ancillary relief consent order on the basis of non-disclosure and undue influence. Permission granted.

Full report: Bailii

NB v London Borough of Haringey [2011] EWHC 3544 (Fam) (07 October 2011)

2012-01-24T15:27:00.001Z

Application for stay of interim care order pending appeal. Application refused.

Full report: Bailii

N (A Child: Religion: Jehovah's Witness), Re [2011] EWHC B26 (Fam) (24 August 2011)

2012-01-23T19:21:00.001Z

Residence proceedings involving a four year old boy. The mother is a Jehovah's Witness. The parents agreed shared residence, but the court had to deal with issues relating to the mother's religion.

Full report: Bailii

SM v Sutton [2011] EWHC 3465 (Admin) (21 December 2011)

2012-01-20T12:20:00.001Z

The mother sought disclosure under the Data Protection Act 1998 of information held by the local authority disclosed by third parties about the mother's husband.

Report: Family Law

Dolan v Corby [2011] EWCA Civ 1664 (7 December 2011)

2012-01-19T17:22:00.002Z

Appeal against occupation order excluding the appellant from the property. Appeal dismissed.

Full report: Family Law Week

Re C; C v Blackburn and Darwen Borough Council (2011) EWHC 3321 (COP) (December 2011)

2012-01-19T17:18:00.002Z

Court of Protection proceedings to determine whether the accommodation of a 45 year old man with an acquired brain injury in a local authority care home amounted to a deprivation of his liberty. Held, on a narrow balance, that he was subject to a restriction on his liberty rather than being deprived of it.

Full report: Family Law Week

B-A (Children) [2011] EWCA Civ 1643 (1 December 2011)

2012-01-19T15:06:00.001Z

Care proceedings. Appeal by maternal grandmother against order refusing her party status. Appeal allowed.

Full report: Family Law Week

Kremen v Agrest (No.11) (Financial Remedy: Non-Disclosure: Post-Nuptial Agreement) [2012] EWHC 45 (Fam) (19 January 2012)

2012-01-19T11:27:00.003Z

Final judgment in application by wife for financial orders under Part III of the Matrimonial and Family Proceedings Act 1984, dealing with issues of material non-disclosure by husband and the treatment to be given to a post-nuptial agreement.

Full report: Bailii

HN v FL & Anor [2011] EWHC 2894 (COP) (11 October 2011)

2012-01-16T14:29:00.000Z

Court of Protection. Application by sister of adult lacking capacity for her to be moved to a new nursing home and for restrictions imposed upon the sister to be removed.

Full report: Bailii

SJ & Anor v JJ & Anor [2011] EWHC 3450 (Fam) (16 September 2011)

2012-01-14T07:36:00.000Z

Child wrongfully retained in Poland by his mother. Father sought an order for his return to England or, in the alternative, an order determining contact. Held that summary return would be against the child's interests, but interim contact order made.

Full report: Bailii

Davis v Smith [2011] EWCA Civ 1603 (23 November 2011)

2012-01-13T14:08:00.002Z

Appeal against a decision that a joint tenancy of a former matrimonial property had been severed when the husband and the wife had agreed as to its sale and the division of the proceeds.

Report: Family Law

RK v BCC and others [2011] EWCA Civ 1305 (20 December 2011)

2012-01-13T13:32:00.000Z

Appeal from the Court of Protection. Deprivation of liberty. Circumstances when it can be said a child has been deprived of liberty.

Full report: Family Law Week

R v R [2011] EWHC 3093 (Fam) (5 April 2011)

2012-01-13T07:15:00.002Z

Use of White v White etc authorities not helpful in a case in which barely enough to cover needs. Held that in such cases, counsel should not waste time in preliminary theoretical discussions, but move swiftly to look at practicalities of suggested outcomes.

Report: Family Law

London Borough of Hillingdon v Neary & Ors [2011] EWHC 3522 (COP) (29 December 2011)

2012-01-12T11:48:00.001Z

Court of Protection proceedings. Order for costs made against local authority, in view of their unreasonable approach to the case.

Full report: Bailii

AH v Hertfordshire Partnership NHS Foundation Trust & Anor (including costs) [2011] EWHC 276 (COP) (17 February 2011)

2012-01-12T11:44:00.001Z

Court of Protection proceedings dealing with the possible removal of an adult from Specialist Residential Service to an alternative home. Held that his needs would be better met at SRS.

Full report: Bailii

AH & Ors, Re (Costs) [2011] EWHC 3524 (COP) (16 November 2011)

2012-01-12T11:37:00.003Z

Court of Protection proceedings. Order for costs made against public bodies, in view of substandard practice and failure to recognise weakness of their cases.

Full report: Bailii

Gowers v Gowers [2011] EWHC 3485 (Fam) (09 November 2011)

2011-12-21T18:46:00.001Z

Financial proceedings. Company with which the husband is very closely connected but does not own, paid £500,000 into court. District Judge ordered that that sum shall be paid out directly to the wife as the first instalment of a total lump sum of £900,000. Held that the court had no jurisdiction to make the order.

Full report: Bailii

V v V [2011] EWHC 3230 (Fam) (21 December 2011)

2011-12-21T12:34:00.000Z

Appeal by husband against financial remedy order. Appeal allowed, in part because a pre-nuptial agreement had not been given sufficient weight.

Full report: Bailii

A and L (Children) [2011] EWCA Civ 1611 (21 December 2011)

2011-12-21T10:53:00.000Z

Care proceedings. Appeal by mother against finding of sexual abuse. Appeal dismissed.

Full report: Bailii

Q (A Child) [2011] EWCA Civ 1610 (21 December 2011)

2011-12-21T10:49:00.003Z

Adoption order made with consent of mother but not of father. Father appealed. Held that the judge had made the correct decision, and the appeal was therefore dismissed.

Full report: Bailii

P & L (Minors), Re [2011] EWHC 3431 (Fam) (20 December 2011)

2011-12-20T17:33:00.003Z

Both parents of children now in same-sex relationships. Children live with mother and her new partner. Case dealt with issue of contact by the father and his new partner.

Full report: Bailii

SH v MM & Anor [2011] EWHC 3314 (Fam) (13 December 2011)

2011-12-20T17:23:00.001Z

Child born to married mother. Applicant sought declaration of parentage. Court made PSO prohibiting mother from removing child from jurisdiction. Mother took child to Belfast. Held, the mother's removal was wrongful.

Full report: Bailii

CJ, R (On the Application Of) v Cardiff City Council [2011] EWCA Civ 1590 (20 December 2011)

2011-12-20T14:13:00.000Z

The appellant sought support from the local authority as a child in need, but it was held that he was not under the age of 18 when he entered the UK. He appealed. The appeal was dismissed, notwithstanding that the judge incorrectly held that it was for the appellant to prove that he was under 18.

Full report: Bailii

Mamoon v Mamoon [2010] EWCA Civ 1641 (07 September 2010)

2011-12-15T15:11:00.000Z

Application by husband for permission to appeal against a decree nisi in contested unreasonable behaviour divorce proceedings. Application refused.

Full report: Bailii

Peters v Peters [2011] EWCA Civ 1563 (18 November 2011)

2011-12-15T15:06:00.001Z

Financial remedy proceedings. Application for permission to appeal in relation to a freezing order. Application refused.

Full report: Bailii

X (A Child), Re [2011] EWHC 3401 (Fam) (09 December 2011)

2011-12-15T15:01:00.000Z

Care proceedings. Application by child's maternal grandmother for child's 17 year old uncle to give oral evidence. Application refused.

Full report: Bailii

L v L [2011] EWHC 2207 (Fam) (15 August 2011)

2011-12-15T14:20:00.000Z

Appeal by husband against lump sum and maintenance orders. Appeal dismissed in relation to lump sum order but allowed in respect of maintenance order.

Full report: Family Law Week

R (TA) v North East London NHS [2011] EWCA Civ 1529 (1 November 2011)

2011-12-15T07:44:00.000Z

Father complained that medical report used in children proceedings was defective. NHS Trust refused to investigate. Father refused permission to apply for judicial review. Father appealed. Appeal dismissed.

Full report: Family Law Week

Livock v Livock [2011] EWHC 3040 (Fam) (29 November 2011)

2011-12-15T07:23:00.000Z

Rehearing after husband appealed against ancillary relief order on basis of tax liability. Held that there were no immediate liabilities impacting on the wife's award.

Report: Family Law

Z & Anor v C & Anor [2011] EWHC 3181 (Fam) (02 December 2011)

2011-12-14T15:10:00.000Z

International surrogacy agreement. Application for a parental order under section 54 Human Fertilisation and Embryology Act 200. The court had to determine the preliminary issue of whether one of the applicants was domiciled in England and Wales at the time of the application. Held that he was.

Full report: Bailii

GF v CMEC [2011] UKUT 371 (AAC) (30 August 2011)

2011-12-12T09:45:00.001Z

Appeals by non-resident parent against decisions by a First-tier Tribunal in respect of a formula assessment decision and a departure direction decision. The formula assessment decision was set aside (but re-made in the same terms), and the appeal against the departure direction decision was dismissed.

Full report: Bailii

Lukandwa v Birungi [2011] EWCA Civ 1520 (17 November 2011)

2011-12-10T06:53:00.001Z

Nullity proceedings. Appeal by husband against finding in respect of a purported marriage certificate relating to the wife's alleged previous marriage. Appeal allowed.

Full report: Bailii

NG v SG [2011] EWHC 3270 (Fam) (09 December 2011

2011-12-09T17:39:00.001Z

Appeal by H against an order made in respect of his application for downward variation of maintenance and to remit arrears, in circumstances where H had been found to be a serious and serial non-discloser. Appeal allowed and retrial directed.

Full report: Bailii

A v L [2011] EWHC 3150 (Fam) (07 December 2011)

2011-12-09T12:11:00.001Z

Appeal in the High Court against district judge’s financial remedy order where the parties’ assets were modest. Appeal allowed and ‘clean break’ order substituted in which departure from equality was justified by the parties’ respective needs.

Full report: Family Law Week

Kremen v Agrest [2011] EWCA Civ 1482 (19 October 2011)

2011-12-09T08:31:00.001Z

Appeal by the wife against an order discharging a committal order that had been made against her husband. Appeal allowed.

Full report: Bailii

AJ v JJ & Ors [2011] EWCA Civ 1448 (02 December 2011)

2011-12-07T13:44:00.001Z

Application by children for permission to appeal against order for their return to Poland. Application granted and case remitted for re-hearing.

Full report: Bailii

AB v LCC (A Local Authority) [2011] EWHC 3151 (COP) (06 December 2011)

2011-12-06T11:33:00.001Z

Court of Protection proceedings concerning 81 year old man suffering from vascular dementia and memory and cognitive impairment. Guidance given on the issue of the Court appointing a Relevant Person's Representative as his litigation friend.

Full report: Bailii

R v A Local Authority & Ors [2011] EWCA Civ 1451 (06 December 2011)

2011-12-06T11:23:00.001Z

Care proceedings. Child made subject of supervision order for one year, residence granted to mother and father awarded supervised contact. Father appealed. Appeal dismissed.

Full report: Bailii

X And Y (Children), Re [2011] EWHC 3147 (Fam) (06 December 2011)

2011-12-06T11:15:00.001Z

Judgment giving reasons for making parental orders under section 54(1) of the Human Fertilisation and Embryology Act 2008, providing that the two children are to be treated in law as the children of the applicants for the orders.

Full report: Bailii

H v S [2011] EWHC B23 (Fam) (18 November 2011)

2011-12-03T18:54:00.001Z

Application to determine whether for the purposes of English divorce a Talaq pronounced by the respondent husband in Saudi Arabia is entitled to be afforded recognition in this jurisdiction.

Full report: Bailii

S v C [2011] EWCA Civ 1385 (2 December 2011)

2011-12-02T11:57:00.001Z

Appeal against refusal of application for a return order under the 1980 Hague Abduction Convention. Appeal allowed.

Full report: Family Law Week

Genovese v Malta (App No 53124/09) (11 October 2011)

2011-12-01T18:54:00.001Z

Maltese court refused to grant citizenship to a child born out of wedlock to a Maltese father and British mother. ECHR found breach of Art 14 in conjunction with Art 8.

Report: Family Law

Full report: ECHR

SI v Slovenia (App No 45082/05) (13 October 2011)

2011-12-01T18:50:00.001Z

At issue was whether interference with Art 8 rights by reason of length of custody and contact proceedings and by reason of failure to enforce interim contact arrangements.

Report: Family Law

Full report: ECHR

C-L (Children) [2011] EWCA Civ 1441 (17 October 2011)

2011-12-01T13:08:00.001Z

Care proceedings. Application by grandmother for permission to appeal against refusal of leave to apply for residence and by parents and grandmother for permission to appeal against refusal of applications that they be assessed by an independent social worker. Application granted and appeal allowed.

Full report: Family Law Week

RB (Adult) (No 3) , Re [2011] EWHC 2576 (Fam) (Handed Down: 11 October 2011)

2011-12-01T13:05:00.001Z

Further proceedings under the inherent jurisdiction relating to the second defendant's behaviour towards the first defendant, who was his partner but moved into a home after her multiple sclerosis deteriorated. Orders made in respect of compensation and costs.

Full report: Bailii

RB (Adult) (No 2) , Re [2011] EWHC 112 (Fam) (28 January 2011)

2011-12-01T13:01:00.001Z

Further proceedings under the inherent jurisdiction relating to the second defendant's behaviour towards the first defendant, who was his partner but moved into a home after her multiple sclerosis deteriorated. Applications by second defendant for permission to appeal and for a re-trial. applications dismissed.

Full report: Bailii

RB (Adult) , Re [2010] EWHC 2423 (Fam) (30 September 2010)

2011-12-01T12:48:00.001Z

Proceedings under the inherent jurisdiction relating to the second defendant's behaviour towards the first defendant, who was his partner but moved into a home after her multiple sclerosis deteriorated. The court made findings on a number of issues, but made no order.

Full report: Bailii

Y v Medway Council [2011] EWCA Civ 1416 (30 November 2011)

2011-11-30T16:15:00.001Z

Care proceedings. Appeal by mother against finding that she was responsible for child's injuries. Appeal dismissed.

Full report: Bailii

F v S [2011] EWHC 3139 (Fam) (18 November 2011)

2011-11-28T17:43:00.001Z

Hague Convention proceedings in which the issue was whether the child was habitually resident in Spain or England and Wales. Held that he was habitually resident in England. Application under the Hague Convention dismissed.

Full report: Bailii

D-O'H (Children) [2011] EWCA Civ 1343 (10 August 2011)

2011-11-28T15:40:00.001Z

Appeal by mother against the refusal of her application for an order under Section 38(6) of the Children Act for assessment of her parenting capacity by an independent social worker and the making of final care orders, and cross appeal by local authority against adjournment of their placement application with regard to one child, pending an assessment of the attachment between the two children. Appeals dismissed.

Full report: Bailii

R-E (Children) [2011] EWHC (Admin) 1348 (09 August 2011)

2011-11-28T15:28:00.001Z

Appeal by father against finding that he was responsible for sexually abusing his daughter. Appeal allowed and matter referred back to county court for re-appraisal.

Full report: Bailii

A (A Child) v Leeds City Council [2011] EWCA Civ 1365 (06 October 2011)

2011-11-26T07:09:00.001Z

Care proceedings. Appeal by maternal aunt against order endorsing local authority decision to remove child from her care and place her into foster care. Appeal dismissed.

Full report: Bailii

W (A Child) [2011] EWCA Civ 1362 (14 October 2011)

2011-11-25T12:43:00.001Z

Appeal by mother against an order approving a care plan that her child be adopted by family friends on the basis that a special guardianship order would be more appropriate in the circumstance. Appeal dismissed.

Full report: Family Law Week

Re A (Parental Responsibility Orders) [2011] EWCA (7 October 2011)

2011-11-24T17:15:00.001Z

After the aunt accepted she had been a cannabis user and had failed to provide a hair strand to the Local Authority, it decided the child should be placed with foster parents.

Report: Family Law

Cheshire West and Chester Council v P [2011] EWCA Civ 1333 (18 November 2011)

2011-11-18T14:36:00.001Z

Successful appeal by local authority against finding that a care plan for an adult man lacking capacity amounted to a deprivation of liberty within the meaning of Article 5 ECHR. LA sought costs against respondent. Held, there should be no order as to costs.

Full report: Bailii

RB (Adult), Re (No 4) [2011] EWHC 3017 (Fam) (18 November 2011)

2011-11-18T14:31:00.001Z

Guidance in relation to the issue of the reporting of judgments in proceedings under the inherent jurisdiction in respect of adults.

Full report: Bailii

A London Borough v O & Ors [2011] EWHC 2754 (Fam) (11 November 2011)

2011-11-18T13:44:00.001Z

Care proceedings. Fact-finding hearing relating to the death of a sibling as a result of severe head injuries sustained at home. The judge found that the father caused the injuries.

Full report: Bailii

Re T v T (Occupation orders, Brussel's I and Protective Measures) [2010] EWHC 3776 (Fam) (21 December 2010)

2011-11-16T14:26:00.003Z

Application by wife for occupation order. Divorce proceedings in France. Husband disputed the court's jurisdiction to hear the application. Held that the court did have jurisdiction.

Full report: Family Law Week

Z v Z [2011] EWHC 2878 (Fam) (03 November 2011)

2011-11-15T10:37:00.002Z

Wife's application for financial remedies. Both parties French. Pre-nuptial agreement entered into in France prior to the marriage. Wife argued for equal division of all assets, and that she should not he held to the pre-nuptial agreement. Held that the award to the wife should depart from equality, to reflect the agreement. Wife awarded 40%, on a needs basis.

Full report: Bailii

D (Children), Re [2011] EWCA Civ 1294 (09 August 2011)

2011-11-10T14:02:00.002Z

Appeal against order refusing return of children under the Hague Convention. Appeal allowed.

Full report: Bailii

SA, R (on the application of) v Kent County Council [2011] EWCA Civ 1303 (10 November 2011)

2011-11-10T12:50:00.002Z

Appeal by local authority against decision that a child who was not the subject of an interim care order was a looked after child, where she went to live with a relative in circumstances where the local authority was involved in setting up and funding the arrangement. Appeal dismissed.

Full report: Bailii

London Borough of Tower Hamlets v BB & Ors [2011] EWHC 2853 (Fam) (31 August 2011)

2011-11-09T12:22:00.002Z

Case involving 32 year old woman who suffers from schizo-affective disorder. Court annulled her marriage as she lacked capacity to consent, and made determinations as to where she should live and with whom she should have contact.

Full report: Bailii

Jones v Kernott [2011] UKSC 53 (9 November 2011)

2011-11-09T10:03:00.000Z

Cohabitees purchased property in joint names. Appellant issued proceedings to determine the parties’ respective beneficial interests. Judge held that the appellant had a 90% share and the respondent 10%. Finding overturned by the Court of Appeal which held that the property was held in equal shares by each party. Appellant appealed to Supreme Court. Appeal allowed.

Full report: Supreme Court

A and L (Children), Re [2011] EWCA Civ 1205 (27 October 2011)

2011-11-09T09:43:00.002Z

Care proceedings. Appeal by mother against findings of fact. Appeal adjourned, and case remitted back to judge for clarification.

Report: ICLR

Full report: Bailii

Cheshire West and Chester Council v P [2011] EWCA Civ 1257 (09 November 2011)

2011-11-09T09:39:00.001Z

Appeal by local authority against finding that a care plan for an adult man lacking capacity amounted to a deprivation of liberty within the meaning of Article 5 ECHR. Appeal allowed.

Full report: Bailii

BJ v MJ (Financial Remedy: Overseas Trusts) [2011] EWHC 2708 (Fam) (27 October 2011)

2011-11-08T09:55:00.002Z

Financial remedy case in which substantial assets were held in a trust. Held that all of the assets, including all of the trust property, amounted to matrimonial property and should, in principle, be shared equally.

Full report: Bailii

A v B [2011] EWHC 2752 (Fam) (01 November 2011)

2011-11-07T10:55:00.002Z

On-going proceedings relating to child in Sweden. Father made various applications in this country. Held that the English proceedings should be stayed, pursuant to paragraph 2 of Article 19 of Brussels II Revised.

Full report: Bailii

AR v AR [2011] EWHC 2717 (Fam) (11 August 2011)

2011-11-03T14:40:00.002Z

Case raised the issue of how the court should exercise its discretion when determining an application by a wife when most of the wealth consists of or reflects resources received by the husband by way of gift and inheritance.

Full report: Family Law Week

G v M [2011] EWHC 2651 (Fam) (17 October 2011)

2011-11-03T13:00:00.002Z

Application by a proposed Petitioner for a Decree of Nullity for leave to file her Petition, notwithstanding the absence of a marriage certificate. Leave given.

Full report: Family Law Week

C (Children) [2011] EWCA Civ 1230 (14 July 2011)

2011-11-02T12:47:00.003Z

Care proceedings. Appeal by mother against committal for six months for breaching injunction restraining her from contacting the children. Appeal allowed and sentence of three months substituted.

Full report: Family Law Week

A Local Authority v PB & Anor [2011] EWHC 2675 (CoP) (20 October 2011)

2011-11-02T09:30:00.002Z

Proceedings concerning a 49 year old who lacked capacity, and which raised issues as to where he should live, contact with members of his family and others, and whether he is being, or would be, deprived of his liberty.

Full report: Bailii

H (Children) [2011] EWCA Civ 1218 (12 July 2011)

2011-10-27T15:43:00.002+01:00

Appeal against care order, on the basis that the question of whether adoption or continued contact with their family was best for the children had not been fully addressed. Appeal allowed, care order discharged and replaced with an interim care order.

Full report: Family Law Week

ML & AR v RW & SW [2011] EWHC 2455 (Fam) (29 July 2011)

2011-10-27T15:25:00.002+01:00

Two children conceived by IVF. Contact and residence applications by the biological father and his partner. The court struck out the residence application, made a contact order and fixed a welfare hearing.

Full report: Family Law Week

W (A Child) [2011] EWCA Civ 1196 (17 August 2011)

2011-10-27T15:17:00.003+01:00

Appeal by father against order for committal made against him for breach of, inter alia, an order requiring him to return the child to this country. Appeal dismissed.

Full report: Family Law Week

DL v London Borough of Newham [2011] EWHC 1890 (Admin) (7 September 2011)

2011-10-20T17:04:00.001+01:00

Local authority acted in breach of Art 8 procedural rights when it required prospective adopters to return the child.

Report: Family Law

M (A Child) [2011] EWCA Civ 1161 (18 August 2011)

2011-10-20T12:20:00.002+01:00

Care proceedings. Appeal by parents against refusal to extend a residential assessment. Appeal dismissed.

Full report: Family Law Week

KM v Lambeth London Borough Council [2011] EWCA Civ 1125 (12 October 2011)

2011-10-20T12:04:00.002+01:00

Care proceedings. Appeal by father against an order for limited disclosure of a psychiatric report prepared on the mother. Appeal allowed, and order replaced with an order for disclosure of the entire report.

Full report: Family Law Week

Brough v Law [2011] EWCA Civ 1183 (20 October 2011)

2011-10-20T11:39:00.003+01:00

Appeal against decision that a maintenance assessment was not brought to an end by the two-month reconciliation of the parties. Appeal dismissed, as Parliament must have intended that an assessment would cease to have effect only at the end of six months continuous cohabitation. (Note: This case related to the provisions of the Child Support Act 1991 as operative in 1999.)

Full report: Bailii

S v AG (Financial Remedy: Lottery Prize) [2011] EWHC 2637 (Fam) (14 October 2011)

2011-10-14T17:07:00.002+01:00

Financial remedy proceedings following divorce involving a £500,000 lottery prize won by the wife during the course of the marriage. Held that the initial receipt of the lottery prize was non-matrimonial property, but that when W purchased the matrimonial home she converted that part of her non-matrimonial assets into matrimonial property, and that on the application of both the sharing and needs principles the husband was entitled to a lump sum award of £85,000.

Full report: Bailii

G (A Child) [2011] EWCA Civ 1147 (19 April 2011)

2011-10-13T12:57:00.002+01:00

Appeal by mother against order varying contact, so that the father should have contact not at a contact centre but under the supervision of his mother. Appeal allowed, on the basis that the judge had failed to weigh at all many of the relevant considerations.

Full report: Family Law Week

O v P [2011] EWHC 2425 (Fam) (05 August 2011)

2011-10-11T11:55:00.003+01:00

Judgment concerning preliminary issue as to whether the court had jurisdiction to entertain a Schedule 1 application. Held that the court did have jurisdiction by virtue of the fact that the father was domiciled in England and Wales at the time the application was filed.

Full report: Bailii

H-K (Children) [2011] EWCA Civ 1100 (10 October 2011)

2011-10-10T11:49:00.003+01:00

Family moved from Australia to England, intending to live here for one year and then return to Australia. Relationship broke down and father returned to Australia, agreeing that mother could remain here with the children for a further period. Mother later announced that she would not return with the children. Father obtained an order under Hague Convention for children to be returned to Australia. Mother appealed. Held, the family had been habitually resident in England. Accordingly, the appeal was allowed.

Full report: Bailii

FG v MBW [2011] EWHC 1729 (Fam) (07 October 2011)

2011-10-08T06:21:00.002+01:00

Application by mother under Schedule 1, including application to vary child maintenance order and for a lump sum. Maintenance order increased, with a review in 2013, but no lump sum ordered, as father would have to use his capital to pay maintenance.

Full report: Bailii

Diamante and Pelliccioni v San Marino (App No 32250/08) (27 September 2011)

2011-10-07T06:38:00.003+01:00

The mother (who was Italian) and child complained that orders made in custody and contact proceedings in San Marino, in particular an order that the child was to live with the father in San Marino, had violated their rights under Art 8. Held that there had not been a violation of Art 8.

Report: Family Law

Full report: ECHR

Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2498 (Fam) (01 September 2011)

2011-10-06T12:55:00.002+01:00

On granting an application to purge a contempt, the court may not impose a suspended sentence of imprisonment. Accordingly, the suspended sentence previously given to the respondent was replaced by an order for her immediate and unconditional release.

Full report: Bailii

G v A [2011] EWHC 2377 (Fam) (29 November 2011)

2011-10-06T06:42:00.000+01:00

Further proceedings relating to the implementation of a Sch.1 order requiring the father to pay a lump sum to enable the purchase of a property for the mother and child. Directions given regarding the purchase of a suitable property.

Full report: Bailii

G v A (No 2) (Schedule 1 settlement of property) [2011] EWHC 968 (Fam) (23 March 2011)

2011-10-06T06:41:00.000+01:00

Further proceedings relating to the enforcement of a Sch.1 order requiring the father to pay a lump sum to enable the purchase of a property for the mother and child. Interim freezing order made against father, in order to preserve assets for the purpose of enforcement.

Full report: Bailii

G v A (No 1) (Schedule 1 settlement of property) [2011] EWHC 2380 (Fam) (14 February 2011)

2011-10-06T06:08:00.002+01:00

Applications by the Applicant mother to enforce effective payment and implementation of an Order for £240,000 made against the respondent father in Schedule 1 proceedings heard in May 2005. Order made for father to pay lump sum to trustees to enable the purchase of a property for the mother and child.

Full report: Bailii

A London Local Authority v JH & Anor [2011] EWHC 2420 (COP) (25 August 2011)

2011-10-05T11:03:00.002+01:00

Application by local authority for declarations that 75 year-old woman who had suffered a stroke in January lacked capacity to decide where to live on discharge from hospital and that it was in her best interests to be discharged to, and to live in, a nursing home. Held that she should return home, under a care package.

Full report: Bailii

W -v- M and S and A NHS Primary Care Trust [2011] EWHC 2443 (Fam) (28 September 2011)

2011-09-28T11:30:00.002+01:00

Application by family of woman in a 'minimally conscious state' for an order authorising the withdrawal of artificial nutrition and hydration. Application refused.

Full report: Judiciary of England and Wales

K (A Child) [2011] EWCA Civ 1075 (28 July 2011)

2011-09-22T11:58:00.002+01:00

Residence order in favour of father; mother lives predominantly in Bulgaria. Appeal by father against contact order in favour of mother that required him to vacate the family home, to allow the contact to take place there. Appeal allowed.

Full report: Family Law Week

C v A Local Authority [2011] EWHC 1539 (Admin) (30 March 2011)

2011-09-21T10:33:00.002+01:00

Proceedings concerning an 18 year old man with severe autism. The court made detailed orders and declarations under the MCA 2005, including ordering that his liberty may be deprived in very limited circumstances and only with the authority of the court.

Full report: Bailii

PGO and FEO v Coventry City Council [2011] EWCC 7 (Fam) (24 August 2011)

2011-09-20T11:03:00.001+01:00

Applications for adoption orders by local authority foster carers. Applications opposed by local authority and the Children's Guardian. Applications dismissed.

Full report: Bailii

Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2376 (Fam) (01 September 2011)

2011-09-20T10:10:00.002+01:00

Application by respondent to purge contempt, after respondent committed to prison for nine months. Respondent released, and prison sentence suspended for two years.

Full report: Bailii

K (Children) EWCA Civ 1064 (20 July 2011)

2011-09-14T17:25:00.002+01:00

Appeal by father against order that there be no direct contact between him and the children, where there was a long history of him committing sexual offences against children and/or offences involving him accessing pornography relating to children. Appeal dismissed.

Full report: Family Law Week