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.
Family proceedings Orders in family proceedings. The Family Division granted the applicants leave to make applications for contact orders pursuant to s8 of the . The applicants had acted as sperm donors for friends who were in a civil partnership. The first applicant was refused leave to apply for a residence order.
Coroner Inquest. The claimant's son died when he was 21 years old. A death certificate specifying the cause of death as unascertained was issued. Subsequent genetic testing revealed the cause and the claimant sought the amendment of the death certificate. The amendment was refused and the claimant sought a court order directing a fresh inquest. The Divisional Court, in allowing the application, held that, on the fresh evidence, it was necessary and desirable in the interests of justice that another inquest should be held.
Settlement Children. The Family Division endorsed the provisions of an draft order agreed between the parties as to ancillary relief issues and issues as to their children, which had been reached following the giving of a decision by the rabbinical authorities of a Beth Din. Having been reassured as to the principles which would be applied by the rabbinical authorities, which, so far as the children had been concerned, were akin to the paramountcy principle on which English children's law was based, the agreed draft order had been in keeping with English law whilst being achieved by a process rooted in the Jewish culture. All future such cases would turn on their own facts.
*R (on the application of T) v Chief Constable of Greater Manchester and others; R (on the application of JB) v Secretary of State for the Home Department; R (on the application of AW) v Secretary of State for Justice
Police Disclosure of information. The Court of Appeal, Civil Division made declarations that provisions of the (the 1997 Act) were incompatible with art8 of the European Convention on Human Rights and that the (Exceptions) Order) 1975 was incompatible with art8 and, therefore, ultra vires the .
Family proceedings Orders in family proceedings. The High Court, Family Division, refused take further steps to enforce an order requiring the mother to return two of her children to Spain, where the father lived and had been granted custody of his children, but refused the mother's application for a stay on the order being enforced. The court held, inter alia, that, in the circumstances, there was very little prospect of the order sought by the father working.
Family proceedings Orders in family proceedings. The Family Division made care and placement orders in respect of two children whose younger sibling had died as a result of a traumatic shaking type injury which could have been inflicted by either parent. The court rejected the grandparents request for a special guardianship order in their favour and held, inter alia, that it was not satisfied that the grandparents had been able to meet the emotional demands of looking after the children.