A court can order mother to send photographs and reports to father to maintain contact. Citations: Ind Summary 26-Jun-1995 Statutes: Children Act 1989 8 11(7) Jurisdiction: England and Wales Children Updated: 21 January 2023; Ref: scu.85843
Children appealed against dismissal of their care proceedings on the basis that the threshold had not been reached. The parents resisted. Held: It could not be said that the decision so plainly wrong that the judge’s conclusion on the facts could be set aside. Citations: [2009] EWCA Civ 853, [2010] 1 FLR 431, [2010] 1 … Continue reading Re MA and Others (Children): CA 31 Jul 2009
A social worker arranged for L, a seriously troubled young person who had been evicted from her mother’s home, to live for a few days in an hotel. Held: As she had previously been looked after by the local authority for some time, this would be sufficient for her to become a relevant child under … Continue reading L, Regina (on the Application of) v Nottinghamshire County Council: Admn 26 Sep 2007
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
It ws improper to attach domestic violence type orders to an injunction within Children Act proceedings for contact. Citations: Gazette 23-Jul-1997 Statutes: Children Act 1989 11(7) Jurisdiction: England and Wales Children Updated: 26 November 2022; Ref: scu.81822
Citations: [2001] EWCA Civ 1305, [2001] 3 FCR 164, [2001] 3 FCR 164 Links: Bailii Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Cited by: Cited – Kent County Council v G and others HL 24-Nov-2005 A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended … Continue reading C (Children), Re (Residential Assessment): CA 4 Jul 2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial awardThe mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life, and the placement of children in foster homes or other accommodation which they … Continue reading Kutzner v Germany: ECHR 26 Feb 2002
The father sought leave to appeal a care order and an order releasing his child for adoption. Held: The court applied Re W as to the extent of the duty of the appellate court in such matters. The appeal would stand no reasonable prospect of success. Leave was refused. Judges: Wall LJ Citations: [2007] EWCA … Continue reading Re F and H (Children): CA 24 Aug 2007
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009
The court took the opportunity to emphasise the importance of parental responsibility as an incident of family life. McFarlane LJ said: ‘Whether or not a parent has parental responsibility is not simply a matter that achieves the ticking of a box on a form. It is a significant matter of status as between parent and … Continue reading In re W (Children) (Direct Contact): CA 24 Jul 2012
Power to restrain contact application appropriate only in extreme cases. Citations: Times 02-Feb-1994 Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.81881
Appeal against order as to media arrangements for fact finding hearing.McFarlane LJ said: ‘In the present case, Jackson J used the power available to him to move from the default position so as to allow a controlled degree of publicity. This was a matter for the judge’s discretion. It was common ground before this court … Continue reading Re W (Children): CA 25 Feb 2016
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
Mother’s application for leave to appeal against order prohibiting further applications in relation to the child without the court’s permission. Judges: Ward LJ Citations: [2010] EWCA Civ 1296 Links: Bailii Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 26 September 2022; Ref: scu.426740
Care proceedings Judges: Floyd, King , Moylan LJJ Citations: [2019] EWCA Civ 1714, [2019] WLR(D) 566 Links: Bailii, WLRD Jurisdiction: England and Wales Children Updated: 31 August 2022; Ref: scu.642662
The father appealed against orders made in the county court in the course of child contact enforcement proceedings. He had residence of the child, but had repeatedly failed to make his son available for contact at the times ordered causing financial loss to the mother who had travelled to see him. Held: With minor exceptions, … Continue reading Re L-W (Children) (Enforcement and Committal: Contact); CPL v CH-W and Others: CA 4 Nov 2010
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
The local authority owed the section 20(1) duty towards a 17 year old girl who was about to be released from a Secure Training Centre. It argued however that the duty no longer applied because she had agreed to go to a hostel for homeless women under the homelessness legislation, though also conceding that she … Continue reading S, Regina (on the Application of) v London Borough of Sutton: CA 26 Jul 2007
A lesbian couple had split up and disputed the care of the children. An order had been made but then, in breach of that order, one removed the children overnight to Cornwall. An argument was made that the court had failed to give proper weight to the considerations from the 1989 Act and had ignored … Continue reading CG v CW and Another (Children): CA 6 Apr 2006
The claimant complained that at the time of the application for the interim care order, the authority had not prepared a care plan. Held: There was no guidance or practice direction requiring a care plan to be filed with the application. Citations: [2005] EWHC 970 (Fam) Links: Bailii Statutes: Children Act 1989 31 Children Updated: … Continue reading Westminster City Council v RA and others: FD 26 May 2005
Citations: [2005] EWCA Civ 649 Links: Bailii Statutes: Children Act 1989 39 Jurisdiction: England and Wales Children Updated: 30 June 2022; Ref: scu.225286
Guidance on the incorporation of time for judgment writing when determining the timetable, under section 32 of the Children Act 1989, for the disposal of an application for a care or supervision order. Judges: Aikens, McFarlane, Bean LJJ Citations: [2015] EWCA Civ 606, [2016] 1 WLR 14, [2015] WLR(D) 264, [2015] Fam Law 1054 Links: … Continue reading In re T (Children): CA 18 Jun 2015
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been given, and the concept under the Act of ‘treatment together’. Any interference with the right to … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied. Held: The refusal to allow him access to his records involved a breach of his rights under Article … Continue reading Gaskin v The United Kingdom: ECHR 7 Jul 1989
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004
A court has the power under the Act to impose a condition on a residence order to prevent a proposed move within the UK. Such an order would be exceptional. In the absence of such a condition, there was nothing to require a parent with residence wanting to move to Northern Ireland, first to seek … Continue reading In re H (Children: Residence order: Relocation): CA 30 Jul 2001
The Court of Appeal had imposed conditions upon the care plan to be implemented by the local authorities, identifying certain ‘starred’ essential milestones. The local authorities appealed. Held: This was not a legitimate extension of the powers contained in the 1989 Act. There exist clear problems in local authorities implementing care plans, and those difficulties … Continue reading Re S (Children: Care Plan); In re W and B (Children: Care plan) In re W (Child: Care plan): HL 14 Mar 2002
As part of the modernisation and reform of civil procedure, all the principal Court of Appeal practice directions are consolidated now into this one document handed down by the court.‘2. Permission to appeal2.1 When is permission required?2.1.1. Most appeals require the permission of the court below (the court which made the decision which is challenged) … Continue reading Practice Direction (Court of Appeal) (Civil Division): CA 19 Apr 1999
A Children and Family reporter became concerned at the possibility of abuse of children as a result of information gained whilst involved in private law proceedings. He sought to report those concerns to the statutory authorities. It had become clear that it was crucially important that professions within the child care professions must communicate properly … Continue reading In re M (a Child) (Disclosure: Children and Family Reporter): CA 31 Jul 2002
Two children were born in Norway to a British mother (M) and Norwegian father (F). Having lived in Norway, M brought them to England to stay, but without F’s knowledge or consent. M replied to his application for their return that the children would be at risk if returned, alleging psychological abuse by F. She … Continue reading Re E (Children) (Abduction: Custody Appeal): SC 10 Jun 2011
Citations: Gazette 26-Aug-1992, [1993] Fam 15 Jurisdiction: England and Wales Citing: Appeal from – In Re J (A Minor) (Medical Treatment) FD 8-Jul-1992 The Court should be slow to interfere in the exercise of a bona fide clinical judgment to withdraw treatment from a patient, and may overrule a child’s wishes as to the need … Continue reading In Re J (A Minor) (Child in Care: Medical Treatment): CA 26 Aug 1992
Citations: [1989] 2 All ER 782, [1989] 3 WLR 240, [1990] Fam 26 Jurisdiction: England and Wales Citing: See also – Re C (Wardship: Medical Treatment) (No 2) CA 1989 The court had already made an order about the way in which the health professionals were able to look after a severely disabled baby girl; … Continue reading In re C (A Minor) (Wardship: Medical Treatment): CA 1989
It was no longer appropriate for family courts to hear applications for leave to apply for contact without requiring or allowing attendance of the parties and to make such decisions without recording the reasons. Such an application required the court to weigh the merits of the proposed application, and such a procedure required the parties … Continue reading In Re W (A Minor) (Contact Application Procedure): FD 12 Oct 1999
Once a court has made an order granting care to the local authority, the court no longer has any jurisdiction to make an order to prohibit contact between the child and a parent. The regulations give explicit power to the authority to agree such an arrangement, and therefore any order would be unenforceable. Citations: Times … Continue reading In Re W (A Minor) (Parental Contact: Prohibition): CA 20 Jan 2000
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, and whether his parents could give consent for it. Held: (LL Carnwath and Lloyd-Jones … Continue reading In re D (A Child): SC 26 Sep 2019
Guidance on findings in respect of threshold criteria Judges: McFarlane, Lindblom LJJ Citations: [2018] WLR(D) 370, [2018] EWCA Civ 1282, [2018] 4 WLR 143, [2018] 3 FCR 186 Links: Bailii Statutes: Children Act 1989 31(2) Jurisdiction: England and Wales Children Updated: 26 March 2022; Ref: scu.617327
In Smith, the lender instructed a valuer who knew that the buyer and mortgagee were likely to rely on his valuation alone. The valuer said his terms excluded responsibility. The mortgagor had paid an inspection fee to the building society and received a copy of the report, and relying on it, had bought the house. … Continue reading Smith v Eric S Bush, a firm etc: HL 20 Apr 1989
Reasons for directing a re-consideration of findings of fact made within Part IV Children Act 1989 care proceedings, following an investigation into the cause of life-threatening injuries to a 10 month old baby boy. Cobb J [2016] EWHC 326 (Fam) Bailii England and Wales Children Updated: 10 January 2022; Ref: scu.560255
Originating summons in the inherent jurisdiction of the High Court asking for an order granting permission to interview two young girls, represented by CAFCASS Legal. The third defendant is the children’s mother, NP. The local authority in which the children and their mother reside, Manchester City Council, has also been represented as an interested party. … Continue reading Greater Manchester Chief Constable v KI and Another (Children) and others: FD 26 Jul 2007
F appealed against the removal of his parental responsibility for his son. M and F were not married, but F had been named on the birth certificate. He had later been convicted of sexual assaults against two daughters of M by an earlier relationship. Held: ‘where a judge applies the concept of the paramountcy of … Continue reading Re D (A Child): CA 26 Mar 2014
The court was asked whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and immediate effect of terminating their solicitor’s retainer. The Costs judge had held that, as a matter of law, a supervening incapacity even if intermittent, automatically frustrates and thereby terminates a contract … Continue reading Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust: QBD 5 Feb 2014
When considering contact applications after domestic violence, the approach should be child centred, and according to the criteria in the Act. The circumstances of the violence should be looked into, and the potentially damaging effect of contact with a violent parent should not be underestimated. The parent’s possible contribution to the child and facing up … Continue reading In Re L (A Child) (Contact: Domestic Violence); In Re V (A Child) (Contact: Domestic Violence); In Re M (A Child) (Contact: Domestic Violence); In Re H (A Child) (Contact: Domestic Violence); In re L, V, M and H (Children): CA 21 Jun 2000
The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009
The court considered the approach to be taken when considering whether to order a child’s attendance at court in care proceedings. It was argued that the starting point of assuming that a child should not attend, failed to respect the human right to a fair trial of all concerned. Held: The existing law erects a … Continue reading In re W (Children) (Family proceedings: Evidence) (Abuse: Oral Evidence): SC 3 Mar 2010
The parties had been a lesbian couple each with children. Each now was in a new relationship. One registered the two daughters of the other at a school now local to her but without first consulting the birth mother, who then applied for residence and or contact. The other mother took the children secretly to … Continue reading In Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner): HL 26 Jul 2006
Three children, after their parents’ separation, spent substantial amounts of time with each, despite the acrimony between their parents and frequent court applications. The father argued that without a shared residence order he was treated as a second-class parent by authorities with whom he had to deal over matters relating to the children. The judge … Continue reading In Re D v D (Children) (Shared Residence Orders): CA 20 Nov 2000
The court was asked as to the extent to which a court, having once declared its decision, could later change its mind. Though this case arose with in care proceedings, the court asked it as a general question. The judge in a fact finding hearing in care proceedings had issued a provisional judgment, but after … Continue reading Re L and B (Children): SC 20 Feb 2013
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined. Held: The claimants’ appeals succeeded. The actual age of a party is an objective question of fact, and as such was for the … Continue reading A, Regina (on the Application of) v London Borough of Croydon: SC 26 Nov 2009
The claimants said they had been subjected to harassment and violence from non-state agents in their home country of Lithuania, and sought asylum. Held: It was for the person claiming the protection of the Convention provisions for ill-treatment to show that the country would not provide them with adequate protection against non-state agents. It was … Continue reading Bagdanavicius and Another, Regina (on the Application of) v: HL 26 May 2005
Single Sex Schooling failed to prepare for life The Chief Inspector appealed from a decision that it was discriminatory under the 2010 Act to educate girls and boys in the same school but under a system providing effective complete separation of the sexes. Held: The action was discriminatory. However, the scheme operated against individuals, both … Continue reading Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School: CA 13 Oct 2017
When a court considered which of two parents might be responsible for a non-accidental injury to their child, what the court cannot do is decide that one parent is the perpetrator but that the other parent cannot be excluded as the perpetrator. Counsel had not brought to the attention of the court when applying for … Continue reading ZM v JM; Re M (children) (fact-finding hearing: burden of proof); In re M (a Child) (Non-accidental injury: Burden of proof): CA 19 Nov 2008
Balance of probabilities remains standard of proof There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having found some evidence to suggest that … Continue reading In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening): HL 11 Jun 2008
A child was found to have bruising consistent with physical abuse. Either or both parents might have caused it, but the judge felt it likely that only one had, that he was unable to decide which, and that they were not so serious that he had to say that the other must have known. Held: … Continue reading In re S-B (Children) (Care proceedings: Standard of proof): SC 14 Dec 2009
The patient was due to deliver a child. A delivery by cesarean section was necessary, but the mother had a great fear of needles, and despite consenting to the operation, refused the necessary consent to anesthesia in any workable form.
Held: . .
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .
. .
The employee sought damages for breach of the implied term of trust and confidence, even though she remained throughout the employment of the Council against whom she was bringing proceedings.
Held: Her remaining in employment was a factor . .
References: [2003] EWHC 259 (QB), Gazette 01-May-2003, [2003] 1 FLR 1091 Links: Bailii Coram: The President An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A, A, YA and, ZA (By Their Litigation Friend, the Official Solicitor), the Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
A complaint against a Local Authority for failing in its duty to a child was to be pursued under the procedure. Citations: Times 19-Feb-1997 Statutes: Children Act 1989 26 Jurisdiction: England and Wales Children Updated: 10 June 2022; Ref: scu.86136
The defendant ship-owners contracted to lease the ship on charter to the plaintiffs. Before the term, the ship was requisitioned for the war effort. The plaintiffs did not exercise the contractual right given to them to cancel the charterparty. The charterparty embodied no specific date as the date for the initial delivery of the vessel; … Continue reading Bank Line Ltd v Arthur Capel and Co: HL 12 Dec 1918
Application for permission to appeal and for permission to amend his grounds of appeal in relation to a discretionary decision acceding to an application for a common-law stay on the grounds of forum non conveniens. Citations: [2008] EWCA Civ 484 Links: Bailii Statutes: Children Act 1989 Sch 1 14 Jurisdiction: England and Wales Child Support, … Continue reading Cook v Plummer: CA 9 Apr 2008
The court considered the powers of the court in care proceedings where it did not approve the authority’s proposed care plan. The judge had made supervision orders in relation to both children coupled with an injunction restraining the mother from removing the children from the foster home in which the local authority had placed them. … Continue reading Re S and D (Child Care Powers of the Court ): CA 1995
A prohibited steps order is available if necessary against a non-party. Citations: Independent 09-Feb-1995, Times 08-Feb-1995 Statutes: Children Act 1989 8 Jurisdiction: England and Wales Children Updated: 09 December 2022; Ref: scu.81926
The mother sought to change the surname of the three children of the family from that of her divorced husband to that of the husband whom she had subsequently married. Her application for leave was refused by the circuit judge. She appealed. Held: The appeal failed. A change of children’s surname was refused despite clear … Continue reading In Re B (Minors) (Change of Surname): CA 1 Dec 1995
In three linked cases, unaccompanied asylum-seeking children had had assistance with housing from the local social services authorities. They claimed entitlement to support as former relevant children under section 20. The local authorities argued that they had provided accommodation under section 17 rather than section 20 of the 1989 Act. Held: Once the section 20 … Continue reading H and others v London Borough of Wandsworth and others: Admn 23 Apr 2007
Responsibility of local authority to provide accommodation and support to child who has been in care on attaining 17. Citations: [2007] EWCA Civ 1506 Links: Bailii Statutes: Children Act 1989 20 Jurisdiction: England and Wales Children, Local Government Updated: 30 November 2022; Ref: scu.266572
PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this interfered with their constitutioinal and human rights to freedom of thought, freedom of expression and freedom from discrimination. Held: The motive in closing … Continue reading Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla: PC 14 Feb 2001
The court was asked when, an investigation by a local authority under the section having concluded that the person at issue was not a child, the court should consider the issue further. Judges: Lord Justice Wilson Citations: [2008] EWCA Civ 103 Links: Bailii Statutes: Children Act 1989 37 Jurisdiction: England and Wales Children Updated: 27 … Continue reading Re KK (A Child); London Borough of Lambeth v TK: CA 21 Feb 2008
The father sought to revoke a freeing order. He said that the social workers had conspired to exclude him from the process. The child was born of a casual relationship, and at first he was unaware of the proceedings. On learning of them he sought to revoke the placement order. Aware that they were doing … Continue reading In re F (A Child) (Placement Order); C v East Sussex County Council (Adoption): CA 1 May 2008
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004
The parties sought guidance from the court on the circumstances which arose in ancillary relief proceedings where a legal representative came to believe that one party might be holding the proceeds of crime. In the course of ancillary relief proceedings, the parties legal representatives concluded that some part of the matrimonial assets might represent the … Continue reading P v P (Ancillary Relief: Proceeds of Crime): FD 8 Oct 2003
Reasons for refusal of appeal in care proceedings Judges: Lord Justice Thorpe and Lord Justice Wall Citations: [2008] EWCA Civ 3 Links: Bailii Statutes: Children Act 1989 31 Jurisdiction: England and Wales Children, Local Government Updated: 24 November 2022; Ref: scu.263768
The court had directed that the parents of the child be offered therapeutic treatment which, it was hoped, would enable their child to be entrusted to their care. The local authority appealed. Held: The appeal succeeded. Thorpe LJ said that counsel was correct to characterise the proposal ‘as essentially a programme of therapy for the … Continue reading In the Matter of B (Minors): CA 22 Jul 1998
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
The mother sought an increase in the order for child maintenance made in order to pay her legal fees. Judges: Bennett J Citations: [2003] EWHC 2657 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Child Support Updated: 19 November 2022; Ref: scu.279037
The mother wished the baby to be released for adotion, but refused to identify the father. The local authority applied to court for directions. Judges: Munby J Citations: [2007] EWHC 1771 (Fam) Links: Bailii Statutes: Children Act 1989 100 Jurisdiction: England and Wales Children, Adoption Updated: 19 November 2022; Ref: scu.260015
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
Citations: [1997] EWCA Civ 2265, (1997) 1 CCLR 57, [1997] 4 All ER 532, [1997] 38 BMLR 135 Jurisdiction: England and Wales Citing: Appeal from – Regina v Sefton Borough Council ex parte Help the Aged Admn 26-Mar-1997 A Local Authority was entitled to look to its financial resources before setting the standards and levels … Continue reading Regina v Sefton Metropolitan Borough Council ex parte Help the Aged ex parte Blanchard: CA 31 Jul 1997
After a family break up there had been continued litigation, and a refusal to comply with court orders by the mother. Eventually, the contact between mother an children all but broke down. There were three children. As the two elder children in turn reached majority, they went back to live with their mother, but allegations … Continue reading Re A (a Minor): CA 31 Jul 1997
The father was not married to the mother who, without consulting the father, registered the child in the name of her former husband by whom she had previously had two children. The father sought various orders under the Children Act, including a parental responsibility order and a specific issue order to change the child’s surname … Continue reading Dawson v Wearmouth: CA 31 Jul 1997
A residence order can not be accompanied by an order as to where a parent with care must live in the UK or with whom. An appeal may well arise in which a disappointed applicant will contend that section 13(1)(b) of the Children Act 1989 imposes a disproportionate restriction on a parent’s right to determine … Continue reading In re E (Minors) (Residence Orders: Imposition of Conditions): CA 30 Apr 1997
The court had to decide to which of two local authorities, responsibility for supervising a care order should be assigned. The child had moved to live with his grandparents. Held: The judge had been correct to find that family circumstances might justify not following the rules in Northamptonshire and Plymouth, but the case was not … Continue reading H (Child), Re (Care Order: Appropriate Local Authority): CA 18 Nov 2003
The council had made an ex parte application to the magistrates to cancel the appellant’s registration as a child minder. Held: The court affirmed the order setting aside the magistrates decision. The circumstances which the council put before the justices did not constitute an emergency sufficient to justify a summary order without notice under section … Continue reading Bowden and Another v Lancashire County Council: CA 18 Jun 1994
A local Authority has a duty to act upon a housing request for children even though the family were intentionally homeless. Citations: Independent 18-Aug-1993, Times 04-Aug-1993 Statutes: Housing Act 1985, Children Act 1989 Jurisdiction: England and Wales Cited by: Appeal from – Regina v Northavon District Council ex parte Smith HL 18-Jul-1994 Local Authority is … Continue reading Regina v Northavon District Council, ex parte Smith: CA 4 Aug 1993
Court should make final order when possible – not adjourn. Citations: Ind Summary 10-May-1993 Statutes: Children Act 1989 38 Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.85846
After the Judge finds s31 to be satisfied he cannot then add conditions to the residence order. Citations: Ind Summary 23-May-1994, Gazette 01-Jun-1994 Statutes: Children Act 1989 31 Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.85888
Guardian ad Litem may see and reproduce form F from Local Authority in adoption proceedings. Citations: Ind Summary 31-Jan-1994 Statutes: Children Act 1989 42(1)(b) Jurisdiction: England and Wales Adoption Updated: 26 October 2022; Ref: scu.85889
Joint residence order can be appropriate where residence to be shared. Citations: Ind Summary 14-Feb-1994 Statutes: Children Act 1989 8(1) 11(4) Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.85684
The legal professional privilege for medical reports obtained privately, must yield in child cases, and the report was discoverable. Citations: Ind Summary 15-Nov-1993, Times 02-Nov-1993 Statutes: Children Act 1989 Jurisdiction: England and Wales Legal Professions, Children Updated: 26 October 2022; Ref: scu.84509
Guardian ad litem entitled to examine case record prepared on adopters. Citations: Times 12-Jan-1994 Statutes: Children Act 1989 42(1)(b) Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.83371
Court only to invoke wardship jurisdiction if the Children Act 1989 gives no answer. Citations: Times 10-May-1993 Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.82220
A judge has no power to attach conditions with regard to the setting or residence on a s31 order. Citations: Times 05-May-1994 Statutes: Children Act 1989 31 Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.82221
The system for the renewal of interim care orders for children is unsatisfactory. Citations: Times 23-Jul-1993 Statutes: Children Act 1989 38 Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.81773
Neither the Children Act nor the court’s inherent jurisdiction allows the making of an ouster order without violence. A specific issue order gave no jurisdiction for the ouster of a joint tenant father. In the case of an ouster order to protect children, the court may use its power to order a transfer of property. … Continue reading In Re F (Minors) (Parental Home: Ouster): CA 1 Dec 1993
An interim care order should normally try to maintain the status quo pending a final hearing. Citations: Times 02-Aug-1993 Statutes: Children Act 1989 38 Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.81902
No priority is to be given for one child as between children in family. When a court considered the interests in contact between two children or a child mother and her child, the court had to refuse to give either child priority, but instead must start from a position of equality, and find a successful … Continue reading In Re H (A Minor): CA 23 Feb 1993
The plaintiff had a lump on her breast. The surgeon, without first subjecting the lump to a microscopic examination in order to determine whether it was cancerous or benign, removed the breast. This was in 1973. The lump was subsequently found to be benign. The patient knew very soon after the operation that the lump … Continue reading Dobbie v Medway Health Authority: CA 11 May 1994