Cases Archive

Mrs Justice Roberts dismisses Wife’s attack of a trust owning shares in companies worth £50m

Joan Connell represented the Local Authority in the case: London Borough of Merton v SB & Ors [2017] EWFC B81.

Mark Twomey QC represented the Respondent Mother, who made a successful application for the transfer of care proceedings to Slovakia under the provisions of Article 15 of BIIR.

Court of Appeal dismisses proposed appellant’s application to set aside consent order made in financial remedy proceedings

Wife’s appeal in financial remedy proceedings in which she sought an anonymity order and argued that the law in this regard should change. Appeal refused

Mother’s appeal against an order for direct contact in the absence of a risk assessment when findings had been made of domestic violence. Appeal allowed, a risk assessment directed and remitted back for further consideration.

Moor J who heard the appeal criticised the judge for not having applied PD 12J or the relevant case law on contact when findings have been made of domestic violence. However, of equal significance in this case was the requirement in s.16A Children Act 1989 which requires a CAFCASS Officer to undertake a risk assessment for the benefit of the court if, carrying out his/her functions, the Officer suspects the child is at risk of harm. Cafcass recommended such a risk assessment however the judge refused the mother’s application for that assessment.

Placement of children in Scotland. Theis J confirmed that special guardianship orders are recognised and enforceable in Scotland. Theis J said that whilst automatically recognised as though they were made in the Scottish courts, to enforce a SGO, the SG should make a registration application to the court that made the SGO.

Mother’s application to vary a Prohibited Steps Order – preventing either parent from removing the children – granted, allowing her to remove the parties’ children to Iran, a non-Hague Convention country, temporarily for the purpose of holidays, subject to certain safeguards being in place

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