Cases Archive
Re B (Foreign Surrogacy) [2016] EWFC 77
Application for a Parental Order where the applicants had separated, where the application was made outside the statutory 6-month timescale and where there was an issue as to the proportionality of the payments made to the surrogate. Application granted
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
Re V (European Maintenance Regulation) [2016] EWHC 668 (Fam)
In an application for maintenance, Parker J was required to determine whether the courts in Scotland or in England and Wales had jurisdiction. In concluding that the husband’s writ did not constitute an application for maintenance in accordance with the European Maintenance Regulation, it was held that the English court had jurisdiction and an order for interim maintenance was made
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
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
W (Children) (Abduction: Striking Out) [2015] EWHC 4002 (Fam)
Application by the mother at the PTR to strike out the father’s application for the return of two children to Spain and, in the alternative, for permission to instruct a psychologist to assess the mother’s fear of the father. Both applications were refused by Baker J
Re CB (A Child) (No. 2) (Adoption Proceedings: Vienna Convention) [2016] 1 FLR 1286, [2016] 2 WLR 470
The Court of Appeal provides definitive guidance on issues relating to the interface between ECHR Law, BIIa, the Vienna Convention and domestic adoption jurisprudence. The Latvian Ministry of Justice intervened in the appeal in opposition to the Local Authority and in support of the mother. The mother’s appeal was dismissed. Christopher Miller represented the Local Authority.
NH (1996 Child Protection Convention: Habitual Residence) [2015] EWHC 2299 (Fam)
Consideration of jurisdiction to make public law orders in respect of a child. Cobb J found jurisdiction of necessity.