Cases Archive

Father’s successful appeal against findings made of sexual abuse of the child. Points of interest include the Guardian’s representatives’ role where the father is a litigant in person, and the unfair process followed by the Judge as well as the wrong balancing exercise being conducted.

Care proceedings featuring the parents’ abduction of the children. Cobb J summarises the law in relation to the making, and revocation, of Care and Placement Orders, explores the exceptions to the “26-week deadline” in care proceedings and sets out the procedural requirements at ex-parte hearings

Directions hearing listed by Keehan J because of failures of the Local Authority in complying with directions made previously. Costs order made against the Local Authority

Contact application, ongoing for four years, where the father’s public funding had been terminated. The father was a convicted sex offender. The President, Sir James Munby, adjourned the case, despite submissions made to dismiss the father’s application summarily based on the weaknesses in the father’s case, and invited the Ministry of Justice to intervene in the proceedings, on the basis that the position regarding the father’s legal aid prevented the Court from delivering a fair hearing on his application.

The issue for determination was whether a consent order providing for temporary leave to remove a child from the jurisdiction was final and brought proceedings to an end. The Court of Appeal held that this question should be determined as things stood at the time the order was made and could not depend on what happened next in the family’s life or even on what would be a sensible and practical way of going about things. Appeal dismissed.

Final hearing of a father’s application for contact – Pauffley J orders no direct contact.

Appeal against a decision that there had been material non-disclosure during the course of an appeal. Consideration of the circumstances in which a court may, on the grounds of material non-disclosure, set aside an order for financial provision following divorce.

The mother appealed against registration and enforcement of a French order granting sole residence to the father. Consideration of the effect of Article 23(c) of Brussels II Revised when French service rules complied with and Annex II certificate granted but actual service had not been effected. Appeal allowed.