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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Children - From: 1999 To: 1999

This page lists 128 cases, and was prepared on 20 May 2019.


 
 In re KR (Abduction: Forcible Removal by Parents); FD 1999 - [1999] 2 FLR 542

 
 In Re AS (Secure Accommodation Order: Representation); 1999 - [1999] 1 FLR 103
 
Re B (minors) (Care proceedings: practice) [1999] 1 WLR 238
1999
FD
Wall J
Children
Section 31 and its associated emergency and interim provisions comprise the only court mechanism available to a local authority to protect a child from risk. The interpretation of the 'attributable' condition adopted by the House of Lords is necessary to avoid the unacceptable consequence that, if the court cannot identify which of a child's carers is responsible for inflicting injuries the child will remain wholly unprotected. This would render the statutory provisions ineffective to deal with a commonplace aspect of child protection. The interpretation adopted by the House of Lords avoids this result while, at the same time, encroaching to the minimum extent necessary on the general principle underpinning the section.
Children Act 1989 31(2)
1 Citers


 
In re D (Simultaneous applications for care order and freeing order) [1999] 2 FLR 49
1999

Thorpe LJ
Children, Adoption
The judge considering two applications for a care order and an adoption order had confused the proper order of issues to be considered, and that error contaminated his decision. The two should be dealt with in sequence.
1 Citers


 
Re P (Section 91(14) Guidelines) [1999] 2 FLR 573
1999
CA

Children

Children Act 1989 91(14)
1 Citers


 
Regina v Hammersmith and Fulham LBC ex part D [1999] 1 FLR 642
1999

Kay J
Local Government, Children, Immigration
It was not outside a local authority's powers to supply an air ticket to assist a failed asylum seeker to return home with her children.
1 Citers


 
T v T (Abduction: Consent) [1999] 2 FLR 912
1999
FD
Charles J
Children

Hague Convention on the Civil Aspects of International Child Abduction 12 13
1 Cites


 
J v C (Child's Financial Provision) [1999] 1 FLR 152
1999

Hale J
Children
The court explained the absence from the check list in the section of any mention of the welfare of a child of the family.
Matrimonial Causes Act 1973 25A
1 Citers


 
Re L (Abduction: Pending Criminal Proceedings) [1999] 1 FLR 433
1999
FD
Wilson J
Children
In a child abduction case, the court considered whether a child was settled within the UK if his whereabouts had been hidden: "The mother might or might not have demonstrated that the children were now settled in their new environment. The proposition is harder to demonstrate than at first appears. In Re S (A Minor) (Abduction) [1992] 2 FLR 1, 24C, Purchas LJ described what was required as a long-term settled position; and in Re N (Minors) (Abduction) [1991] 1 FLR 413, 418C, Bracewell J observed that the position had to be as permanent as anything in life could be said to be permanent. Whether a Danish mother who has been present with the children in England for a year only because it has been a good hiding-place and who faces likely extradition proceedings could demonstrate the children's settlement in England within the meaning of those authorities is doubtful."
1 Cites

1 Citers


 
Re B (Psychiatric Therapy for Parents) [1999] 1 FLR 701
1999


Children
On the birth of their fourth child, the three older children having removed and adopted, the authority obtained psychiatric reports for the parents and applied for a further care order. One report offered treatment over two years, the other doubted whether rehabilitation was possible. The Guardian's expert's report suggest possible treament leading to rehabilitiation within 12 weeks. After further discussion, the court, finding that 38(6) gave it jusridiction, ordered the authority to accept the guardian's programme. The authority appealed. Held: The appeal succeeded. An assessment necessary for the courts function could be ordered. A programme which would in effect be treatment of the family could not. This case fell into that category, and the judge had not adequately considered the alternatives. The court noted that orders going against the authority's clear views should be exceptional.
Children act 1989 38

 
Stray v Stray [1999] 2 FLR 610
1999


Children

1 Citers



 
 Re M (Threshold Criteria: Parental Concessions); CA 1999 - [1999] 2 FLR 728
 
Regina v Winchester Crown Court ex parte P B (A Minor) Times, 08 January 1999; Gazette, 03 February 1999
8 Jan 1999
QBD

Judicial Review, Media, Children
A Crown Court judge's decision to allow naming of a youth appearing before it, was a matter for the judge's discretion, and was not susceptible to judicial review proceedings. Such orders are analogous to contempt orders, tending to influence the trial.
Children and Young Persons Act 1933 39(1) - Contempt of Court Act 1981 11

 
Re B (Minors) [1999] EWCA Civ 546
12 Jan 1999
CA

Children

[ Bailii ]

 
 In Re M (A Minor) (Contact Order: Committal); CA 13-Jan-1999 - Gazette, 13 January 1999
 
G (Minors) [1999] EWCA Civ 638
22 Jan 1999
CA

Children

[ Bailii ]
 
Re: K (Minors) [1999] EWCA Civ 654
25 Jan 1999
CA

Children

[ Bailii ]
 
Re: B (a Minor) [1999] EWCA Civ 657
26 Jan 1999
CA

Children

[ Bailii ]
 
S (a Minor) [1999] EWCA Civ 666
27 Jan 1999
CA

Children

[ Bailii ]

 
 Dawson v Wearmouth; HL 4-Feb-1999 - Times, 26 March 1999; Gazette, 28 April 1999; Gazette, 12 May 1999; [1999] UKHL 18; [1999] 2 AC 309; [1999] 2 All ER 353; [1999] 2 WLR 960; [1999] 1 FCR 625; [1999] 1 FLR 1167; [1999] Fam Law 378
 
In Re L (A Minor) (Section 37 Direction) Times, 11 February 1999; Gazette, 03 March 1999; [1999] EWCA Civ 723
5 Feb 1999
CA

Children
The child was cared for by the maternal grandmother. The court was asked to make orders with regard to the extent of contact for natural mother, and father. Held: In private Children Act proceedings it was generally inappropriate for the judge to order an investigation under s 37, which is a public law procedure. Cases which were not clearly urgent could not warrant such an order.
Children Act 1989 37
[ Bailii ]
 
C (Minors), Re [1999] EWCA Civ 771
12 Feb 1999
CA

Children

[ Bailii ]
 
Reeves v Hampshire County Council [1999] EWCA Civ 820
18 Feb 1999
CA

Children

[ Bailii ]

 
 In Re C (Minors) (Abduction: Habitual Residence); CA 23-Feb-1999 - Gazette, 10 March 1999; Times, 23 February 1999; Gazette, 23 February 1999
 
In Petition of M D v A L D Or B Or B for an Order Under the Child Abduction and Custody Act 1985 [1999] ScotCS 64
3 Mar 1999
SCS
Lord Macfadyen
Scotland, Children

Child Abduction and Custody Act 1985
[ Bailii ] - [ ScotC ]
 
V-B (Minors) (Abduction: Custody Rights) [1999] EWCA Civ 1013; [1999] 2 FLR 192
17 Mar 1999
CA

Children
Rights of custody are to be distinguished from mere rights of access.
Hague Convention on the Civil Aspects of International Child Abduction 1980 5(a) - Child Abduction and Custody Act 1985
1 Citers

[ Bailii ]
 
LR v Philip Charles Witherspoon; Frederick Orpen Sanders and Peter John Bostridge [1999] EWCA Civ 1025
18 Mar 1999
CA

Children, Litigation Practice

[ Bailii ]
 
In the Matter of C (Minors) [1999] EWHC Admin 240
18 Mar 1999
Admn

Children

[ Bailii ]

 
 In Re J (A Minor) (Adoption: Appointment of Guardian ad Litem); CA 19-Mar-1999 - Times, 19 March 1999
 
M v M; In re JM a Child [1999] EWHC Fam 837
23 Mar 1999
FD
Ilson J
Children

[ Bailii ]
 
In the Matter of D (Minors) [1999] EWCA Civ 1093
25 Mar 1999
CA

Children

[ Bailii ]
 
C (a Minor) [1999] EWCA Civ 1090
25 Mar 1999
CA

Children

[ Bailii ]
 
M (a Minor) [1999] EWCA Civ 1132
30 Mar 1999
CA

Children

[ Bailii ]
 
Regina v Royal Borough of Kensington and Chelsea (ex parte Muriqi Kujtim) [1999] EWCA Civ 1153; (1999) 2 CCLR 340; [1999] 4 All ER 161
31 Mar 1999
CA
Potter L
Housing, Children
In this case a person had been assessed by the local authority under section 47 as being a person in urgent need of care and attention which was not otherwise available to him, so that he satisfied the criteria laid down in section 21(1)(a). He claimed that, following that assessment, the local authority had to meet these needs by providing accommodation until, upon a reassessment, it was decided that his needs had changed. Held: The argument succeeded. The contrary argument, that this was no more than a "target" duty in the sense of the label used in R v Inner London Education Authority, Ex p Ali in relation to the Education Act 1944, was rejected: "Once a local authority has assessed an applicant's needs as satisfying the criteria laid down in section 21(1)(a), the local authority is under a duty to provide accommodation on a continuing basis so long as the need of the applicant remains as originally assessed, and if, for whatever reason, the accommodation, once provided, is withdrawn or otherwise becomes unavailable to the applicant, then (subject to any negative assessment of the applicant's needs) the local authority has a continuing duty to provide further accommodation."
National Assistance Act 1948 21(1)(a) - National Health Service and Community Care Act 1990 47
1 Cites

1 Citers

[ Bailii ]
 
T and V v The United Kingdom Gazette, 08 April 1999; (1999) 30 EHRR 12
8 Apr 1999
ECHR

Criminal Practice, Children, Criminal Sentencing
Public trial in an adult court of juvenile charged with murder and imposition of a sentence of detention during Her Majesty's pleasure with a tariff of fifteen years fixed by a member of the executive. The trial of two ten year olds in a public forum, under intense public scrutiny, made the trial unfair: "it is essential that a child charged with an offence is dealt with in a manner which takes full account of his age, level of maturity and intellectual and emotional capacities, and that steps are taken to promote his ability to understand and participate in the proceedings". A punitive measure should be set by the courts, and not by a political process, and a long sentence for a child must allow for later developments: "the fixing of a minimum term was part of the proceedings and amounted to a sentencing exercise; that article 6(1) was therefore applicable; that that article guaranteed a fair hearing by an impartial tribunal independent of the executive; and that the Secretary of State was clearly not independent of the executive."
1 Cites

1 Citers


 
B (a Minor) [1999] EWCA Civ 1185
16 Apr 1999
CA

Children

[ Bailii ]
 
B-C (a Minor) [1999] EWCA Civ 1197
19 Apr 1999
CA

Children

[ Bailii ]
 
Re: P (Minors) [1999] EWCA Civ 1218
20 Apr 1999
CA

Children

[ Bailii ]
 
Regina v Portsmouth Hospitals NHS Trust ex parte Carol Glass [1999] EWHC Admin 331
21 Apr 1999
Admn

Children, Media
Application to lift bar on reporting of a case involving a child where child might be identifiable. Order lifted.
Children and Young Persons Act 1933 39
1 Citers

[ Bailii ]

 
 Regina v Portsmouth Hospitals NHS Trust ex parte Glass; Admn 22-Apr-1999 - [1999] EWHC Admin 343; [1999] 2 FLR 905
 
N (Minors) [1999] EWCA Civ 1253
23 Apr 1999
CA
Lady Justice Butler-Sloss, Lord Justice Mummery
Children
The estranged father appealed a refusal of the judge to order the mother's co-habitee to leave the house occupied by the children. Concerns had been raised after allegations against the co-habitee of child sex abuse. Those matters were being investigated by the local authority. Representatives had told the court they did not intend to take public law proceedings with respect to the children. The court considered whether it had jurisdiction to make such an order. Held: The decision by the judge had been an exercise of his discretion. He had not exercised it so wrongly as to justify. As to jurisdiction, such might exist but the point did not need to be explored.
[ Bailii ]
 
C (a Minor) [1999] EWCA Civ 1246
23 Apr 1999
CA

Children

[ Bailii ]
 
P (a Minor) [1999] EWCA Civ 1270
27 Apr 1999
CA

Children

[ Bailii ]
 
D (Children) [1999] EWCA Civ 1315
30 Apr 1999
CA

Children

[ Bailii ]

 
 In re P (a Child) (Residence Order: A Child's Welfare); CA 30-Apr-1999 - [1999] EWCA Civ 1323; [1999] 2 FLR 573
 
In re K (Child) [1999] EWCA Civ 1330
4 May 1999
CA

Children

[ Bailii ]
 
CW Through His Mother and Next Friend SW [1999] EWHC Admin 414
10 May 1999
Admn

Children

[ Bailii ]
 
Re: H (Child) [1999] EWCA Civ 1376
10 May 1999
CA

Children

[ Bailii ]
 
In Re P (Minor) (Residence Order: Child's Welfare) Times, 11 May 1999; Gazette, 26 May 1999; [2000] Fam 15
11 May 1999
CA

Children
In an application to vary a residence order to return a child to natural from foster parents, no preference was to be given to the natural parents. Their religious views were relevant but not paramount, and a child might be raised in a different religion. A s91 order can properly be made without limit of time or for the period of the court's jurisdiction over the child under s8.
Children Act 1989 91(14)
1 Citers


 
Re D (Jurisdiction: Programme of Assessment or Therapy) [1999] EWCA Civ 1390; [1999] 2 FLR 632
12 May 1999
CA
Thorpe LJ, Auld LJ
Children
The parents were dependent on drugs. The guardian ad litem proposed that the authority should fund treatment of the parents and child in a residential unit with assessment. The authority proposed a detoxification programme. The authority appealed an order following the guardian's recommendation. Held: The order was for treatment not assessment and therefore outside the court's power under s38. The power under s38 was to allow an assessment to assist consideration of a final order. A programme might be an "assessment" even if there were an ingredient of ancillary therapy but that a programme which was substantially therapeutic would not fall within section 38(6) even if it involved some element of assessment. Auld LJ said that a section 38(6) direction for therapy to be offered to a parent could be justified if "… therapy in the short term may assist in assessing whether further therapy may produce a relevant change for the better, and thus be a useful guide to the court when considering the future of the child at the full care stage."
Children Act 1989 38(6)
1 Cites

1 Citers

[ Bailii ]
 
In re F (Children) [1999] EWCA Civ 1403
13 May 1999
CA

Children

[ Bailii ]
 
In Re C (A Minor) (Child Abduction) Times, 14 May 1999
14 May 1999
CA

Children
The test of whether a return of an abducted child will risk grave physical or psychological harm is a strict one, not to be affected too much by considerations of sibling children who are not subject to the Convention against Child Abduction.
Child Abduction and Custody Act 1985

 
Regina v Kent County Council, Ex parte Salisbury and Pierre (1999) 3 CCLR 38; [1999] EWHC Admin 464
19 May 1999
Admn

Children, Local Government
Continuing duties of local authrity to children who have been in care on attaining majority.
Children Act 1989 24
1 Citers

[ Bailii ]

 
 Gloucestershire County Council v P (A Minor) and Others; CA 19-May-1999 - Gazette, 19 May 1999; Gazette, 27 October 1999; Times, 30 April 1999; [2000] Fam 1

 
 Nottingham City Council v October Films Ltd; FD 21-May-1999 - Times, 21 May 1999; Gazette, 09 June 1999; [1999] 2 FLR 347
 
D I for an Order Under the Child Abduction and Custody Act 1985 [1999] ScotCS 119
21 May 1999
SCS

Scotland, Children

Child Abduction and Custody Act 1985
[ Bailii ]

 
 In Re J (A Minor) (Parental Responsibility); FD 25-May-1999 - Times, 25 May 1999
 
In re J (Child) [1999] EWCA Civ 1474
25 May 1999
CA

Children

[ Bailii ]
 
in re W (a Child) [1999] EWCA Civ 1496
26 May 1999
CA

Children

[ Bailii ]

 
 In Re J (A Minor) (Prohibited Steps Order: Circumcision); FD 1-Jun-1999 - Times, 01 June 1999; Gazette, 08 December 1999
 
North Yorkshire County Council v Wiltshire County Council Times, 01 June 1999; Gazette, 27 June 1999
1 Jun 1999
FD

Children
Where a child had returned to a district, and both parents and foster parents had also left the area, it was unrealistic to lay responsibility for the child's care at the former authority, and the proper responsible authority was that within which the child now resided.
Children Act 1989 31(8)(b)

 
In re S (Children) [1999] EWCA Civ 1588
15 Jun 1999
CA

Children

[ Bailii ]
 
in re O and H (Children) [1999] EWCA Civ 1585
15 Jun 1999
CA

Children

[ Bailii ]
 
In Re K R (Minor)(Abduction: Forcible Removal) Times, 16 June 1999
16 Jun 1999
FD

Children
The prohibition against child abduction applies even against acts of both the child's parents against the wishes of a maturing child. Parents who forcibly returned their daughter to India for an arranged marriage were ordered to bring her back.

 
In Re D (A Minor) (Residence: Natural Parent) Times, 17 June 1999; [1999] 1 FLR 134
17 Jun 1999
FD

Children
Where contested residence proceedings were bewteen natural, and other potential families, the presumption in favour of the natural parents was such as to require the court not to conduct the balancing exercise. The existence of grounds for concern at returning the child to a natural parent did not affect this.
1 Citers


 
in re D (Children) [1999] EWCA Civ 1604
17 Jun 1999
CA

Children

[ Bailii ]
 
In re H (Child) [1999] EWCA Civ 1608
17 Jun 1999
CA

Children
Contact arrangements difficulties.
[ Bailii ]
 
K (a Child) [1999] EWCA Civ 1622
18 Jun 1999
CA

Children

[ Bailii ]
 
Re: A (Child) [1999] EWCA Civ 1661
23 Jun 1999
CA

Children

[ Bailii ]

 
 Osman v Elasha; CA 24-Jun-1999 - [1999] EWCA Civ 1669; [2000] Fam 62
 
P (Children) [1999] EWCA Civ 1702
28 Jun 1999
CA

Children

[ Bailii ]
 
Re B (Children) [1999] EWCA Civ 1708
29 Jun 1999
CA

Children

[ Bailii ]
 
In Re C (Child) [1999] EWCA Civ 1719
30 Jun 1999
CA

Children
Appeal against care order.
[ Bailii ]
 
B (Children) [1999] EWCA Civ 1722
1 Jul 1999
CA

Children

[ Bailii ]
 
Y (Child) [1999] EWCA Civ 1744
1 Jul 1999
CA

Children

[ Bailii ]
 
E (Child) [1999] EWCA Civ 1728
1 Jul 1999
CA

Children

[ Bailii ]
 
W v W [1999] EWCA Civ 1743
1 Jul 1999
CA

Children
Application for leave to appeal.
[ Bailii ]
 
C (a Child) [1999] EWCA Civ 1746
2 Jul 1999
CA

Children

[ Bailii ]
 
Re C (Children) [1999] EWCA Civ 1754
2 Jul 1999
CA

Children

[ Bailii ]
 
Re: B (Children) [1999] EWCA Civ 1772
5 Jul 1999
CA

Children

[ Bailii ]

 
 In Re E (Children) (Abduction: Non-Convention Country); CA 7-Jul-1999 - Times, 07 July 1999; Gazette, 28 July 1999; [1999] 2 FLR 642
 
Re: D (a Child) [1999] EWCA Civ 1788
8 Jul 1999
CA

Children

[ Bailii ]
 
In Re R (a Child) [1999] EWCA Civ 1795
9 Jul 1999
CA

Children
Care proceedings - application for leave to appeal refused - no prospect of success.
[ Bailii ]
 
Re: W (Children) [1999] EWCA Civ 1806
9 Jul 1999
CA

Children

[ Bailii ]
 
In the Matter of S (Children) [1999] EWCA Civ 1796
9 Jul 1999
CA

Children

[ Bailii ]
 
K (a Child) [1999] EWCA Civ 1814
12 Jul 1999
CA

Children

[ Bailii ]
 
C (Child) [1999] EWCA Civ 1842
15 Jul 1999
CA

Children

[ Bailii ]
 
K (Child) [1999] EWCA Civ 1851
15 Jul 1999
CA

Children

[ Bailii ]
 
S (Children) [1999] EWCA Civ 1861
15 Jul 1999
CA

Children

[ Bailii ]
 
In the Matter of Re: (D) Children [1999] EWCA Civ 1879
19 Jul 1999
CA

Children

[ Bailii ]
 
Application for Permission; Bibi [1999] EWHC Admin 711
20 Jul 1999
Admn
Tucker J
Housing, Local Government, Children
Application for permission to move for judicial review of the decision of the London Borough of Hounslow not to house Mrs. Bibi and her children as required by section 20 of the Children Act 1989.
Children Act 1989 20
[ Bailii ]

 
 Regina v Portsmouth Hospitals NHS Trust (ex parte Glass); CA 21-Jul-1999 - Times, 26 July 1999; [1999] EWCA Civ 1914; [1999] 2 FLR 905
 
Northampton County Council v Mayor and Burgesses of London Borough of Islington [1999] EWCA Civ 1913
21 Jul 1999
CA

Children, Local Government

[ Bailii ]
 
Northamptonshire County Council v Islington London Borough Council Gazette, 29 September 1999; Times, 17 August 1999; [2001] Fam 364
21 Jul 1999
CA
Thorpe LJ
Children
When two local authorities were competing not to be responsible for the costs of a child committed to care, and the child had proper connections with both areas, the issue was to be decided by asking first whether the child had in fact any 'ordinary residence' as such, which would settle the issue in almost every case. The test was not intended to become a detailed investigation. The subsections in combination provide a simple test to enable the court to make a rapid designation of the authority responsible for the care order. Simplicity was to be achieved by deeming the ordinary residence immediately preceding the commencement of the period of disregard to continue uninterrupted: "I would not say that developments affecting the family during the period to be disregarded cannot in any case be considered. But I would say that such cases should be exceptional."
Children Act 1989 31(8)
1 Citers


 
Re B and W (Minors), Lancashire County Council and Another v B and Others Times, 21 September 1999
27 Jul 1999
CA

Children
The threshold conditions for the making of a care order, relate to the absence of proper care of a child, and the suffering of significant harm whilst in care arrangements then prevailing. There was no requirement on the court that it be able to apportion any direct responsibility for that harm to any individual person.
Children Act 1989 31(2)
1 Citers


 
P (Child) [1999] EWCA Civ 1984
27 Jul 1999
CA

Children

[ Bailii ]
 
In the Matter of Children Act 1989 Re: B-W (Children) [1999] EWCA Civ 1980
27 Jul 1999
CA

Children

Children Act 1989
[ Bailii ]
 
In Re K (A Minor) (Removal From Jurisdiction: Practice) Times, 29 July 1999
29 Jul 1999
FD

Children
Where a child was subject to a contact order, and one parent sought to take the child abroad on holiday to a country which was not a signatory to the Convention, that application should be dealt with by a High Court Judge, and must be thoroughly prepared and investigated, since the risk of the parent not returning would be irredeemable. Undertakings were not sufficient.
Convention on the Civil Aspects of International Child Abduction 1980

 
In Re D and K (Minors)(Care Plan: Twin Track Planning) Times, 29 July 1999
29 Jul 1999
FD

Children
Where a local authority preparing a care plan for a child subject of court applications was aware that an alternative disposal would be considered by the court such as adoption, then it should prepare a twin track plan rather than await a decision and then unnecessarily prolong the proceedings. Children in such situations faced complex problems not helped by uncertainty.

 
Re K (Child) [1999] EWCA Civ 2027
29 Jul 1999
CA

Family, Children

[ Bailii ]
 
O (Children) [1999] EWCA Civ 2023
29 Jul 1999
CA

Children
Application for leave to appeal by mother against award of residence to father.
[ Bailii ]
 
S County Council v B [1999] EWHC Fam 1; [2000] Fam Law 462; [2000] 1 FCR 536; [2000] Fam 76; [2000] 2 FLR 161; [2000] 3 WLR 53
29 Jul 1999
FD
Charles J
Children
The guardian ad litem of three children made an application, supported by the local authority and the mother of the three children that the father be ordered to disclose in these proceedings (a) the identity of, and (b) copies of, the reports and notes of the medical experts the father is proposing to instruct in connection with the preparation and presentation of his defence to criminal proceedings. The criminal proceedings have been brought against him under s 18 of the Offences against the Person Act 1861 in respect of injuries suffered by N.
[ Bailii ]
 
Re: A (Children) [1999] EWCA Civ 2025
29 Jul 1999
CA

Children

[ Bailii ]
 
C (Child) [1999] EWCA Civ 2009
29 Jul 1999
CA

Children

[ Bailii ]
 
M (Child) [1999] EWCA Civ 2019
29 Jul 1999
CA

Children
Application for leave to appeal refused.
[ Bailii ]
 
Re K (Child) [1999] EWCA Civ 2026
29 Jul 1999
CA

Children

[ Bailii ]
 
C and M (Children) [1999] EWCA Civ 2039
30 Jul 1999
CA

Children

[ Bailii ]
 
Re C (Children) [1999] EWCA Civ 2053
30 Jul 1999
CA

Children
The father sought to appeal against a residence order made in favour of the mother.
[ Bailii ]
 
S-L (a Child) [1999] EWCA Civ 2055
30 Jul 1999
CA

Children

[ Bailii ]
 
R (Children) [1999] EWCA Civ 2063
2 Aug 1999
CA
Ward LJ, Buxton LJ
Children

[ Bailii ]

 
 In Re W (A Child); In Re A (A Child); In Re B (Children); CA 5-Aug-1999 - Gazette, 02 September 1999; Times, 05 August 1999; [1999] EWCA Civ 2030
 
H (a Child) [1999] EWCA Civ 2112
31 Aug 1999
CA

Children

[ Bailii ]
 
In Re K (A Minor) (Removal From Jurisdiction: Practice) Gazette, 02 September 1999
2 Sep 1999
CA

Children, International
Hearings involving the temporary removal of a child to a non-Convention country needed full preparation, and must be heard by a Family Division judge. The magnitude of the risks and the irretrievable consequences required this. Care should be taken to implement the fullest safeguards, and if necessary expert evidence on the practicality of enforcing such safeguards in that country in the case of breach.
Convention on the Civil Aspects of International Child Abduction 1980

 
In Re C (A Child) (HIV Test) Times, 14 September 1999; 1999 2 FLR 1004
14 Sep 1999
FD
Wilson J
Children
The parents of a baby born to a HIV positive mother were strongly opposed to the testing of the child for HIV and to any form of medical intervention. Held: There is a presumption that the united view of the parents of a child as to the treatment of the child correctly identified the best interests of the child and should be followed. This follows from section 5. The presumption is however rebuttable, and where the overwhelming evidence was contrary to that of the parents, it could be rebutted. the views of the parents looked at widely and generously were important factors in the decision, even, to some extent, irrespective of the validity of the underlying grounds for those views. The court noted that any applicant for an order had, in effect, to persuade the court that there positive grounds for taking the matter out of the hands of those with parental responsibility for the child. A court invited to over-ride parental wishes had to move extremely cautiously. However, in the instant case the arguments for over-riding the wishes of the parents and for testing the baby were overwhelming. The baby had rights of her own recognised in national and international law, the baby’s welfare was paramount, and in the baby’s interests the test should take place. "This baby has rights of her own. They can be considered nationally or internationally. Under our national law I must determine the case by reference to her welfare (s.1(1)); and, in particular, I must have regard to her physical needs (s.1(3)(b)); to her background, namely her mother’s infection (s.1(3)(d)); and to the harm which she is at risk of suffering (s.1(3)(e)). The UK has ratified the United Nations Convention on the Rights of the Child 1989 The Convention does not have the force of law but assists in our interpretation and development of the law. It is interesting to note that, in requiring respect for the responsibilities and rights of the parents, Art. 5 links them to the provision of appropriate direction and guidance in the child’s exercise of her or his own rights."
Children Act 1989 1(5) 5
1 Citers


 
Re G, S and M (Wasted Costs) [1999] EWHC Fam 828; [2000] 1 FLR 52; [1999] 4 All ER 371; [1999] 3 FCR 303; [2000] Fam 104; [2000] 2 WLR 1007; [2000] Fam Law 24
20 Sep 1999
FD
Wall J
Legal Professions, Litigation Practice, Children
The court discussed the duty of counsel and their instructing solicitors in proceedings under the Children Act 1989 to ensure that expert witnesses are kept up to date with events in the case; and, in particular, that before expert witnesses are called to give oral evidence, they have been sent and have read all relevant documents, particularly those which have emerged since their reports were written.
Children Act 1989
[ Bailii ]
 
C (A Child), Re [1999] EWCA Civ 3007
21 Sep 1999
CA

Children

[ Bailii ]
 
In re C (A Child) [1999] EWCA Civ 3007
21 Sep 1999
CA

Children

[ Bailii ]

 
 In Re W (A Minor) (Contact Application Procedure); FD 12-Oct-1999 - Gazette, 27 October 1999; Times, 12 October 1999

 
 In Re F (A Child); CA 13-Oct-1999 - Gazette, 13 October 1999; Times, 19 October 1999; Gazette, 08 December 1999
 
Regina v Tameside Metropolitan Borough Council ex parte J Times, 22 October 1999
22 Oct 1999
QBD

Children
Where a child had been placed with a local authority for care on a voluntary basis, parental responsibility remained with the parents, and accordingly the authority was not able to override the parent's wishes in order to place the child with foster parents. Parental responsibility included the right to choose where a child lived.

 
Oxfordshire County Council v S (A Child) (Care Order) Times, 11 November 1999
11 Nov 1999
FD

Children, International
An interim care order, whether made here or in a competent court abroad, had the effect of discharging any pre-existing orders for parental responsibility. A non-parent recipient of such a custody or parental responsibility order ceased to have such responsibility on the making of the interim care order.
Children Act 1989 8

 
In Re H (A Child) (Abduction: Rights of Custody) Times, 16 November 1999; Gazette, 08 December 1999
16 Nov 1999
CA

Children
Once a court has become involved in the issues surrounding the 'right of custody' of a child as set down in the convention, an English court would not attempt to substitute its own jurisdiction. The child was of unmarried parents in Ireland. The father applied to the court there for contact, and the mother left to come to England. The additional application for guardianship made the court seised of the custody issue. The term should be interpreted widely.
Civil Aspects of International Child Abduction Act 1980
1 Cites

1 Citers



 
 Re J (Child); CA 25-Nov-1999 - [1999] EWCA Civ 3022; (2000) 52 BMLR 82; [2000] 1 FCR 307; [2000] Fam Law 246; [2000] 1 FLR 571
 
Regina v Cornwall County Council, Ex P L Times, 25 November 1999; Gazette, 25 November 1999; Gazette, 17 December 1999
25 Nov 1999
QBD

Local Government, Legal Professions, Children
A local authority did not have the right to exclude solicitor representatives from child protection case conferences, and must provide minutes of any part of a meeting from which the parent is excluded. To do so would be to fail to follow the guidelines set out by the Secretary of State, which the authority was bound to follow.
Children Act 1989 37 - Local Authority Social Services Act 1970 7(1)

 
E v Legal Aid Board, Ex P W et Al (Minors) Times, 25 November 1999
25 Nov 1999
QBD

Legal Aid, Children, Local Government
The legal aid board could refuse to grant legal aid to children involved in proceedings to refuse contact to a parent, because the regulations which applied were sufficiently widely drawn to allow a discretion to the local authority to pay the costs. In such circumstances it was not unreasonable for legal aid to be refused.
Guardians ad Litem Reporting Officers (Panels) Regulations 1991 (1991 No 205) 9 - Children Act 1989 41(9) - Family Proceedings Rules 1991 (1991 No 1247) 4.23

 
Regina v Endicott Times, 03 December 1999
3 Dec 1999
CACD

Criminal Sentencing, Children
A sentence of life imprisonment imposed upon a youth of 14 for the offence of arson with intent to damage property or recklessness as to whether damage would be cause was wrong in principle and manifestly excessive. There is no sentence in such situations which can properly balance the welfare needs of the child and the needs of the public.
Children and Young Persons Act 1933 53(3) - Crime (Sentences) Act 1997 28


 
 In Re B (A Child) (Split Hearings: Jurisdiction); CA 17-Dec-1999 - Gazette, 17 December 1999; Times, 18 January 2000

 
 In Re J (A Minor) (Prohibited Steps Order: Circumcision); CA 22-Dec-1999 - Times, 22 December 1999; [2000] 1 FLR 571
 
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