Cases Archive

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.
27th Jan 2017

Medway Council v MI and others [2017] EWFC 59 (Fam)

Placement of children in Scotland. Theis J confirmed that special guardianship orders are recognised and enforceable in Scotland. Theis J said that whilst automatically recognised as though they were made in the Scottish courts, to enforce a SGO, the SG should make a registration application to the court that made the SGO.
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 Jul 2016 | Bailii

Goyal v Goyal [2016] EWCA Civ 792

Court of Appeal confirms it is possible to make a Pension Sharing Order in relation to a pension based outside the jurisdiction, and that injunctions made under s.37 Senior Courts Act 1981 does not create freestanding jurisdiction to make substantive orders - it is an ancillary power only
10th Jun 2016 | Bailii

A Local Authority v D (2016) [2016] EWHC 1438 (Fam)

Issue in care proceedings relating to procedural basis for applying out of time for a Supervision Order. The case has change the law in this area. Mostyn J accepted Henry Lamb's submission that the Court of Appeal has wrongly interpreted the law over the last 21 years
10th Jun 2016 | Bailii

London Borough of Sutton v MH (No 2) [2016] EWHC 1371 (Fam)

An international child law case where the local authority applied for, and was granted, a reporting restriction order
22nd Mar 2016 | Bailii

London Borough of Sutton v MH (No 1) [2016] EWHC 1375 (Fam)

Application for a Care Order in relation to a 16-year-old child in a complex case with an international dimension
11th Mar 2016 | Bailii

FK v ML (Chlid’s Objections) [2016] EWHC 517 (Fam)

Sir Peter Singer orders a 13 year old child’s return to Dublin, despite his strongly held objections to such return, in proceedings brought by the father under the Hague Child Abduction Convention 1980