Cases Archive
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.
Richmond London Borough Council v B, W, B and CB [2010] EWHC 2903 (Fam); [2011] 1 FLR 1345
Care proceedings — Expert evidence — Alcohol abuse — Validity of hair testing to establish consumption below excessive consumption — Presentation of chemical analysis results
Ashby v Kilduff [2010] EWHC 2034 (Ch)
A contested trusts of land case involving questions of sham transfers and illegality and a former MP.
Re GR (Children) & Others [2010] EWCA Civ 871
Unsuccessful appeal by Local Authority from Recorder’s order refusing interim care orders in relation to the two youngest (of four) children where the Recorder had granted interim care orders in relation to the older children.
Constantinou and Others v Wilmot-Josife and Others [2010] EWCA Civ 747
Appeal in the context of proceedings under the Inheritance (Provision for Family and Dependants) Act 1975. Appeal dismissed.
Oxfordshire County Council v X, Y & J [2010] EWCA Civ 581
Successful appeal against an order requiring the adopted parents of a child to send the child’s natural parents an annual photograph, against their wishes.
EH v London Borough of Greenwich, AA and A (Children) [2010] EWCA Civ 344
Care proceeding – Adoption – Evidence that mother had lied about ongoing relationship with dangerous father – Whether determinative of welfare issue – Whether judge must refer explicitly to welfare checklist and human rights of parties
Re S (Wardship: Peremptory Return) [2010] EWCA Civ 465
Care – Wardship – Peremptory removal of child to Spain by parent after justices refused to make emergency protection order – Retention in Spain by both parents – Whether habitual residence in England lost – Whether order for peremptory return justified