Cases Archive

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

Court of Appeal confirms it is possible to make a Pension Sharing Order in relation to a pension based outside the jurisdiction, and that injunctions made under s.37 Senior Courts Act 1981 does not create freestanding jurisdiction to make substantive orders – it is an ancillary power only

Issue in care proceedings relating to procedural basis for applying out of time for a Supervision Order. The case has change the law in this area. Mostyn J accepted Henry Lamb’s submission that the Court of Appeal has wrongly interpreted the law over the last 21 years

An international child law case where the local authority applied for, and was granted, a reporting restriction order