Cases Archive
N v N [2011] EWCA Civ 940
Appeal in respect of procedural flaws during the hearing of the husband’s against an order in financial remedy proceedings which had granted an extension of the term of a periodical payments order in favour of his former wife. Permission granted and appeal allowed.
Re G and E (Children) (Vulnerable Witness) [2011] EWHC 4063 (Fam); [2013] 2 FLR 1556
Preliminary application as to whether G should give oral evidence in public law proceedings relating both to herself and her younger brother, E.
Re W (Residential Assessment) [2011] EWCA Civ 661; [2011] 2 FLR 1024
Care proceedings — Residential parenting assessment — Public funding of application — Mother mentally ill — Whether appropriate to order residential assessment before psychiatric report obtained — Whether mother’s application for residential assessment to be dismissed or adjourned — Funding considerations
A Local Authority v A (No. 2) [2011] EWHC 590 (Fam); [2011] 2 FLR 162
Care proceedings – Expert evidence – ‘Hot tubbing’ – Benefits when dealing with multiple experts – Welfare of child in kinship placement – Relevance of acknowledgement of risk – Importance of ability to work with professionals
R(O) v East Riding of Yorkshire Council [2011] EWCA Civ 196
Appeal of a decision on judicial review that the accommodation being provided by the local authority to a child with severe autism and severe ADHD was a Statement of Special Educational Needs under the Education Act 1996 and not pursuant to s.20, Children Act 1989. Appeal allowed.
T v T [2010] EWHC 3776 (Fam)
The Court considered whether an occupation order amounted to a maintenance order and the court was thus prohibited from making one under Brussels IIR.
Re K (Care Proceedings: Fact Finding) [2010] EWHC 3342 (Fam); [2011] 2 FLR 199
Care proceedings — Fact-finding hearing — Whether necessary for risk assessment purposes — Extent to which risk assessment could be undertaken in relation to ‘uncertain perpetrator’.
DT v LBT (Abduction: Domestic Abuse) [2011] 1 FLR 1215; [2010] EWHC 3177 (Fam)
Case where the Art 13(b) defence was raised in relation to a Hague Convention return order. Unusually, evidence was heard at length and the court made findings in respect of serious and sustained domestic abuse, including sexual violence. Consideration of the ECJ decision of Neulinger in respect of Art 13(b) and compliance with Art 8 HRA 1998.