Cases Archive
N v B v T&Y [2013] EWHC 820 (Fam)
Application by the maternal grandmother (N), for the adoption of her grandchildren (T and Y) aged 9, and 3. She originally applied for a residence order jointly with her husband, the maternal grandfather. However, they separated in February 2011 and he has played no role in the proceedings since. He was discharged as a party in February 2012. Application granted.
Re J (Care Proceedings: Possible Perpetrators) [2013] UKSC 9
The principal authority on unidentified perpetrator cases where the pool of possible perpetrators has subsequently separated.
H (A Child) [2013] EWCA Civ 72
The mother appealed against the decision of a circuit judge, following a fact-finding hearing, to relax the restrictions around the father’s contact to the child, such as to allow the father contact at his home. The mother asserted that the court at first instance had exercised its discretion wrongfully and prematurely. Delivering the lead judgment of the Court of Appeal, Black LJ held that the appeal could only succeed if it could be shown that there had been a wrong exercise of discretion. The mother had failed to demonstrate that the judge had erred or that the decision of the court at first instance was beyond the ambit of its discretion. Appeal unanimously dismissed.
Royal Borough of Greenwich v O [2013] 2 FLR 1449
Baby exchange scam in Nigeria. DNA test confirmed the parents were not the biological parents of the baby. Parents found to be innocent of any wrongdoing. Which future placement was in the best interests of the baby?
Re D (Nigerian Fertility Clinic: Fact-Finding) [2013] 2 FLR 1417
Fact-finding hearing regarding a baby-exchange scam in Nigeria. DNA test confirmed the parents were not the biological parents of the baby. The question was whether the parents had knowingly participated in the scam.
Re D (A Child) [2012] EWHC 4231 (Fam)
Coleridge J considered whether parents were complicit in bringing a young baby to the UK from Nigeria and holding him out as their own. Robin Powell successfully represented the parents, the Court finding that they were in fact duped and entirely innocent
T v T [2012] EWHC 3462 (Fam)
Application for an Hemain injunction against Respondent Husband in respect of proceedings brought by him in the USA. An order was obtained providing for an arbitration clause in the pre-marital agreement to be upheld.
Re MR (A Child) (Fact-Finding: Physical Injuries) [2012] EWHC 4258 (Fam)
Fact-finding hearing in care proceedings to establish what part, if any, the parents played in the child’s dramatic deterioration and other significant injuries sustained in the hours and days before hospital admission.