Cases Archive

Appeal against an order of Bennett J made in the Family Division on 26th April 2002 when, on their father’s application by way of originating summons issued on 5th October 2001, he ordered the return forthwith to India of two boys. Appeal dismissed.

“Starred Care Plan” case which concerned the degree to which a court could retain control over a case before handing it over to the local authority and the degree to which a court could insert “inalienable” conditions into a care plan.

Financial provision – Consent order – Clean break – Application for leave to appeal out of time – Consent order made based on valuation of parties’ assets – Whether subsequent change in valuation of husband’s assets justifying appeal out of time

Care – Disclosure of confidential information – Parents admitting causing serious injury to child – Unauthorised disclosure of parents’ admissions to police – No other evidence on which criminal prosecution could be sustained – Police seeking disclosure of evidence given in care proceedings – Whether disclosure should be ordered.

Contact – Parental responsibility – History of abusive criticism of mother by father’s family – Father showing commitment, attachment and concern for severely disabled child – Whether potential misuse of parental responsibility justified refusal.

Care – Natural father – Application to be joined as party – Delay – Right to family life – Right of access to courts

Human rights – Right to respect for family life – Right of access to courts – Application to be joined as party to care proceedings – Father’s 18-month delay in making application – Whether delay justified denial of father’s access to court.

Nullity – Void marriage – Man applying for decree of nullity on ground that wife not female at time of marriage – Proper biological test to be applied.

Care – Care Plan – Twin-track planning – Concurrent planning – Young teenage mothers – General guidance