Cases Archive

10th Dec 2014 | Bailii

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.

17th Oct 2014 | Bailii

GO v EN, MN, BN [2014] EWHC 3622 (Fam)

Change of residence in Children Act 1989 private law proceedings.

15th Jul 2014 | Bailii

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.

27th Jun 2014 | Bailii

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.

21st May 2014 | Bailii

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.

19th May 2014 | Bailii

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.

28th Mar 2014 | Bailii

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.

25th Mar 2014 | Bailii

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.