Cases Archive

18th Oct 2022 | [2022] EWFC 124

F v M & Ors

30th Mar 2021

Re H-N and others [2021] EWCA Civ 448

The court was concerned with 4 appeals from orders made in private law Children Act 1989 proceedings each of which involved allegations of domestic abuse. As well as deciding each of the appeals upon well-established legal principles, the court took the opportunity to give some guidance about a number of matters which commonly arise in the Family Court in such cases.

28th Aug 2020 | Bailii

Re H (A Child) [2020] EWFC B63

2nd Feb 2017

MS v MN [2017] EWHC 324 (Fam)

Mother’s appeal against an order for direct contact in the absence of a risk assessment when findings had been made of domestic violence. Appeal allowed, a risk assessment directed and remitted back for further consideration.

Moor J who heard the appeal criticised the judge for not having applied PD 12J or the relevant case law on contact when findings have been made of domestic violence. However, of equal significance in this case was the requirement in s.16A Children Act 1989 which requires a CAFCASS Officer to undertake a risk assessment for the benefit of the court if, carrying out his/her functions, the Officer suspects the child is at risk of harm. Cafcass recommended such a risk assessment however the judge refused the mother’s application for that assessment.

17th Jan 2017 | Bailii

M v F (Travel to Non-Convention Country) [2017] EWFC 7

Mother’s application to vary a Prohibited Steps Order – preventing either parent from removing the children – granted, allowing her to remove the parties’ children to Iran, a non-Hague Convention country, temporarily for the purpose of holidays, subject to certain safeguards being in place

29th Sep 2016 | Bailii

Re B (Foreign Surrogacy) [2016] EWFC 77

Application for a Parental Order where the applicants had separated, where the application was made outside the statutory 6-month timescale and where there was an issue as to the proportionality of the payments made to the surrogate. Application granted

26th Nov 2015 | Bailii

W (Children) (Abduction: Striking Out) [2015] EWHC 4002 (Fam)

Application by the mother at the PTR to strike out the father’s application for the return of two children to Spain and, in the alternative, for permission to instruct a psychologist to assess the mother’s fear of the father. Both applications were refused by Baker J

14th Jul 2015 | Bailii

Re K (1980 Hague Convention) (Lithuania) [2015] EWCA Civ 720

Appeal by a mother against an order that her daughter be returned to Lithuania. Appeal dismissed.