Family proceedings Orders in family proceedings. The Court of Appeal, Civil Division, in allowing the father's appeal against a refusal of his application for parental responsibility once again underlined the principle that applications for contact and for parental responsibility were not inter-linked.
Family proceedings Orders in family proceedings. The Family Division made care and placement orders in circumstances where the children's father had been found to be responsible for the death of their sibling and the mother had been unable to demonstrate that she would be reliably able to exclude the father from her life or the life of the children over the long period of years that would be necessary for their safety and well-being.
Family proceedings Orders in family proceedings. The Court of Appeal, Civil Division, held that a judge had erred in making an interim care order in regard to children that had been taken out of the jurisdiction and then ordering their return. It was essential that any order for the return of children had the effect of returning them to the status quo, which, in the instant case, had been to the care of the mother.
Family proceedings Orders in family proceedings. The Family Division made a parental order in favour of the applicants in respect of the child, C, who had been born as a result of a surrogacy agreement with a clinic in India. The court held that the criteria in of the Human Fertilisation and Embryology Act 2008 had been met. Further, the order was necessary to meet the child's welfare needs.
Family proceedings Orders in family proceedings. The Family Division, refused a father's application for contact save for limited indirect contact, in circumstances where the father had been convicted of domestic violence against the mother and the mother and children had been assisted in moving to a secure location unknown to the father. The mother was granted permission to change the children's name.
Family proceedings Orders in family proceedings. The Court of Appeal, Civil Division, dismissed a mother's appeal against a decision to relax restrictions on contact between her son and his father in circumstances where the mother had alleged violence towards the child on the part of the father and where the order had been made following submissions at a directions hearing. The Court of Appeal gave guidance on PD 12J which supplemented Pt 12 of the Family Procedure Rules 2010.
Adoption Prospective adopter. The Family Division granted an injunction preventing the removal of a child from the claimant prospective adopter in circumstances where the claimant had recently lost her sight as result of brain surgery and the local authority contended that she was unable to fulfil the role of primary caregiver.
Family proceedings Orders in family proceedings. The Court of Appeal, Civil Division, dismissed an appeal by a mother against a final care order made in respect of one of her children and a special guardianship order made in respect of her two younger children. The mother had been a self-represented litigant during the final hearing after a request for an adjournment to obtain alternative representation was refused. The court held that the process and the decision to continue with the hearing had not breached the mother's rights under art6 of the Convention.
Divorce Financial provision. The intervening party had bought a property. The transaction was subsequently set aside by the court on the application of the former wife of the beneficial owner of that property. The intervening party, seeking to enforce a judgment debt against the husband of the property, sought a charging order absolute on the property. His application was dismissed and he appealed. The Court of Appeal, Civil Division, dismissed his appeal, holding that when striking a balance between the interests of a judgment creditor and those of a former spouse, the interests of the judgment creditor should be respected, save to the extent that it was necessary to override them in order to make appropriate provision for the spouse and any minor children.
Practice Adjournment of proceedings. The Court of Appeal, Civil Division, allowed a father's appeal against a judge's refusal to grant him an adjournment in circumstances where his solicitor had come off the record and he was unrepresented. Subsequent evidence had demonstrated that, due to a paranoid psychological disorder, the father would have been unable to properly represent himself.