Cases Archive
A (A Child) [2014] EWCA Civ 1577
Schedule 1 case where the mother made an unmerited appplication to vary an order for periodical payments and subsequently appealed, again without merit. Mother ordered to pay a contribution towards the father’s costs.
GO v EN, MN, BN [2014] EWHC 3622 (Fam)
Change of residence in Children Act 1989 private law proceedings.
W (Children) [2014] EWCA Civ 1065
Successful appeal considering (1) the interplay between public law and private law proceedings where the State seeks to intervene in the placement of a child; (2) a reconsideration of the balancing exercise where the mother is able to provide “good enough” care but the grandmother is able to provide better care; and (3) the balancing exercise for purposeful delay for further assessment of a parent.
Re J (A Child) [2014] EWCA Civ 875
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.
Q v Q [2014] EWFC 7
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.
Re G (A Child) [2014] EWCA Civ 680; [2014] WLR (D) 220
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.
Re L and M (Children: Private Law) [2014] EWHC 939 (Fam)
Final hearing of a father’s application for contact – Pauffley J orders no direct contact.
MD v CT [2014] EWHC 871 (Fam)
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.