Al-Hilli (Children), Re (Summary of Judgment): FD 26 Jul 2013

The Honourable Mr Justice Baker
[2013] EWHC 2299 (Fam)
Bailii
England and Wales
Cited by:
SummaryAl-Hilli (Children), Re FD 22-Jul-2013
The circumstances in which representatives of the media should be excluded from attending family proceedings. Reporting of the proceedings is restricted, but I am authorising publication of this judgment including the names of the children. . .

Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 06 December 2021; Ref: scu.513765

F v F: FD 7 Nov 2014

Application by a father for the summary return to Hungary of his three children, aged six, five and three. They were brought to England from Budapest by their English mother following the breakdown of their parents’ marriage. The mother claims that the father consented to the children’s permanent removal.

Peter Jackson J
[2014] EWHC 3971 (Fam)
Bailii
England and Wales

Children

Updated: 06 December 2021; Ref: scu.547107

HB v PB: FD 9 Jul 2013

Claim for costs against third party local authority, Croydon LBC after four day private law fact finding hearing.

Cobb J
[2013] EWHC 1956 (Fam), [2013] PTSR 1579, [2016] 1 FLR 92, [2015] Fam Law 371, [2013] 5 Costs LR 738, [2013] 3 FCR 318, [2013] Fam Law 1258
Bailii
Children Act 1989, Family Procedure Rules 2010
England and Wales

Costs, Children

Updated: 06 December 2021; Ref: scu.512445

In re N (section 91(14) order): FD 1996

Hale J
[1996] 1 FLR 356
England and Wales
Cited by:
CitedIn re S (Permission to seek relief); In re E (Permission to seek relief) CA 18-Aug-2006
Each father appealed orders under the section restricting conditionally their right to make applications under the Act without permission.
Held: S91 orders must state their term, and the nature of the application to which it related, but must . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 06 December 2021; Ref: scu.245024

In re D (a Child): FD 2006

The father sought the return of his son to Romania. The mother had brought him here without the father’s consent. The father said that a Romanian court had ordered his return, but the expert evidence as to the effect of the order was conflicting.
Held: The child was to be returned to Romania.

Hedley J
[2006] EWHC 609 (Fam)
Child Abduction and Custody Act 1985, Hague Convention on the Civil Aspects of International Child Abduction 1980
England and Wales
Cited by:
Appeal fromIn re D (A Child) CA 25-May-2006
The mother had unlawfully brought her son here from Romania, and now appealed an order for his return.
Held: The appeal was dismissed. . .
At first instanceIn re D (A Child), (Abduction: Rights of Custody) HL 16-Nov-2006
The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return.
Held: The mother’s appeal succeeded. The Convention . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 06 December 2021; Ref: scu.246404

A Local Authority v K, D and L: FD 8 Mar 2005

The court gave guidance on the approach to expert evidence in children’s cases. Charles J said ”in determining the facts, a court should have regard to the guidance given in R v Lucas (Ruth) [1981] QB 720 and R v Middleton [2000] TLR 203. As appears therefrom, a conclusion that a person is lying or telling the truth about point A does not mean that he is lying or telling the truth about point B.’ and ‘it is important to remember: i) that the roles of the court and the expert are distinct, and ii) that it is the court that is in the position to weigh the expert evidence against its findings on the other evidence . . the judge must always remember that he or she is the person who makes the final decision’.

Charles J
[2005] Fam Law 450, [2005] EWHC 144 (Fam), [2005] 1 FLR 851
Bailii
England and Wales
Cited by:
See AlsoLM, Re (Reporting Restrictions; Coroner’s Inquest) FD 1-Aug-2007
A child had died. In earlier civil proceedings, the court had laid responsibility with the mother. Restrictions had been placed on the information which would effectively prevent the coroner conducting his inquest. The coroner sought a lifting of . .
CitedLancashire County Council v R (A Minor) and others FD 4-Dec-2008
The local authority sought a care order, alleging serious physical abuse of the child. The mother said that any injuries had been inflicted by the father. The father said that the cause was the mother.
Held: The injuries were not likely to . .
CitedIn re L (A Child: Media Reporting) FD 18-Apr-2011
The local authority had intervened on suspecting physical abuse. L was placed with the maternal grandmother who took L to Ireland before care proceedings were commenced. The Irish court found him to have been wrongfully removed, and orders were made . .
CitedLondon Borough Council v K and Others FD 12-Apr-2010
The parents disputed contact for the children. The children then made allegations of very serious sex abuse against the father. A police investigation resulted in no action, it being said that the children had been coached to make false allegations . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 06 December 2021; Ref: scu.258513

In re AR (A Child: Relocation): FD 10 Jun 2010

Both parents had parental responsibility. The French mother wished to return to live in France and to take the five year old child with her, applying to court for the appropriate order.
Held: The court pointed to the real difficulties always in such applications, and traced the development of the case law from the introduction of shared residence orders in the 1989 Act. Mostyn J recounted criticisms of Payne v Payne insofar as it might be read to place too great an emphasis on any impact of a decision on the primary carer, and recognised the need to apply the 1989 Act. Following Payne in this case, he refused permission for the mother to take the child to France, and made a joint residence order.
Mostyn J said that the ideology exemplified in Payne v Payne; ‘has not been uncritically accepted. Indeed there is a strong view that the heavy emphasis on the emotional reaction of the thwarted primary carer represents an illegitimate gloss on the purity of the paramountcy principle. Moreover, some argue that it promotes selfishness and detracts from the importance of co-parenting. Some argue that on the birth of children parents are indentured to sacrifice throughout their minority, but that the one word that is missing from Payne is, in fact, sacrifice.’ and
‘Certainly the factor of the impact on the thwarted primary carer deserves its own berth and as such deserves its due weight, no more, no less. The problem with the attribution of great weight to this particular factor is that, paradoxically, it appears to penalise selflessness and virtue, while rewarding selfishness and uncontrolled emotions. The core question of the putative relocator is always ‘how would you react if leave were refused?’ The parent who stoically accepts that she would accept the decision, make the most of it, move on and work to promote contact with the other parent is far more likely to be refused leave than the parent who states that she will collapse emotionally and psychologically. This is the reverse of the Judgment of Solomon, where of course selflessness and sacrifice received their due reward.’

Mostyn J
[2010] EWHC 1346 (Fam), [2010] 2 FLR 1577, [2010] 3 FCR 131, [2010] Fam Law 932
Bailii
Children Act 1989
England and Wales
Citing:
CitedPoel v Poel CA 1970
The mother of a child of two and a half had obtained a custody order with weekly access given to the father. She wished to emigrate with her new husband and the expected child of that marriage to New Zealand. She applied to remove the child . .
CitedA v A (Children: Shared Residence Order) CA 3-Feb-1994
A shared residence order may be still made if it is needed, but it remains an unusual order. Connell J discussed the guidance given as to shared residence order
Butler-Sloss LJ said: ‘Miss Moulder, representing the father, accepts that the . .
CitedRiley v Riley 1986
. .
CitedIn Re D v D (Children) (Shared Residence Orders) CA 20-Nov-2000
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 . .
CitedIn Re G (Children) (Leave to Remove) CA 11-Dec-2007
An application was made with regard to the care arrangements for children. The parents were living in different countries.
Thorpe LJ stated: ‘ Accordingly, the only skeleton in support of the appellant’s notice is the skeleton settled by Mr . .
CitedRe H (A Minor) (Shared Residence) CA 1-Dec-1992
The court considered the possibility of making a joint residence order. Purchas LJ said: ‘That such an order is open to the court, as has been said in the judgment of Cazalet J, is clear from the provisions of section 11(4) of the Children Act 1989, . .
CitedIn re H CA 19-May-2010
Wilson LJ considered a declaration on International Family Relocation from March 2010 in Washington and said: ‘In that the principal charge against our guidance, as it stands, is that it ascribes too great a significance to the effect on the child . .
CitedIn re D (Children); BD v AID CA 9-Feb-2010
The father sought leave to appeal against an order permitting the mother to remove the parties two sons from Wales to live in Slovakia. The judge had made a shared residence order. Wall LJ discussed the criticisms of Payne -v- Payne, saying: ‘There . .
CitedIn Re C (Abduction: Residence and Contact) FD 2006
Mostyn QC J considered the impact of Art 8 of the European Convention on Human Rights on applications for residence and contact, saying: ‘On the facts of this case it is clear to me that supervised contact would only have been appropriate if there . .
AppliedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Cited by:
CitedNG v SG FD 9-Dec-2011
The court considered what to do when it was said that a party to ancillary relief proceedings on divorce had failed to make proper disclosure of his assets. H appealed against an award of a capital sum in such proceedimngs.
Held:
Held: . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 06 December 2021; Ref: scu.417780

In re A (A Minor) (Care Proceedings): FD 2 Jan 1993

It was again argued that ‘likely’ meant more probable than not.
Held: The argument was not open to the appellants in the light of Newham London Borough Council.

Thorpe J
[1993] 1 FLR 824
Children Act 1989 31(2)(a)
England and Wales
Citing:
AppliedNewham London Borough Council v Attorney-General CA 1993
The court rejected an argument that ‘likely to suffer significant harm’ in the subsection was to be equated with ‘on the balance of probabilities’. . .

Cited by:
CitedIn re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 06 December 2021; Ref: scu.416040

Greater Manchester Chief Constable v KI and Another (Children) and others: FD 26 Jul 2007

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. They have been directed to undertake an investigation of the children’s circumstances in accordance with section 37 of the Children Act 1989.

Ryder J
[2007] EWHC 1837 (Fam)
Bailii
Children Act 1989 37
England and Wales

Police, Children

Updated: 06 December 2021; Ref: scu.258494

In re L (Care: Assessment: Fair Trial): FD 2002

The court set out precepts to be followed by courts in preparing for care proceedings so as to ensure that they did not infringe the rights of the family to respect for their family life under article 8.
Munby J said: ‘ . . it must never be forgotten that, with the state’s abandonment of the right to impose capital sentences, orders of the kind which judges of this Division are typically invited to make in public law proceedings are amongst the most drastic that any judge in any jurisdiction is ever empowered to make. It is a terrible thing to say to any parent – particularly, perhaps, to a mother – that he or she is to lose their child for ever.’

Munby J
[2002] 2 FLR 730
European Convention on Human Rights 8
England and Wales
Cited by:
CitedNJ v Essex County Council and Another; In re J (Care: Assessment: Fair Trial); Re J (a child) (care proceedings: fair trial) CA 11-May-2006
The family complained that the local authority had, in assessing the need for a care order, failed to follow the guideliens set down in In Re L, leading to an infringement of their human rights.
Held: Neither in the lower court nor here had . .
CitedNorfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .

Lists of cited by and citing cases may be incomplete.

Children, Human Rights

Updated: 06 December 2021; Ref: scu.242870

A Local Authority v MA and others; Re SA (Vulnerable Adult with Capacity: Marriage): FD 15 Dec 2005

Munby J discussed the court’s inherent powers to make orders to protect the welfare of a vulnerable adult: ‘It is elementary that the court exercises its powers by reference to the incompetent adult’s best interests . . The particular form of order will, naturally, depend upon the particular circumstances of the case.’ As to the development of the power: ‘New problems will generate new demands and produce new remedies’ and ‘Just as there are, in theory, no limits to the court’s powers when exercising the wardship jurisdiction I suspect that there are, in theory, few if any limits to the court’s powers when exercising the inherent jurisdiction in relation to adults.’
The jurisdiction ‘is, in substance and reality . . [and] for all practical purposes indistinguishable from its well-established parens patriae or wardship jurisdictions in relation to children’.

Munby J
[2005] EWHC 2942 (Fam), [2006] 1 FLR 867, [2007] 2 FCR 563, [2006] Fam Law 268, (2007) 10 CCL Rep 193
Bailii
England and Wales
Cited by:
CitedIn re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
CitedG v E and Others CoP 26-Mar-2010
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed . .

Lists of cited by and citing cases may be incomplete.

Health, Children, Litigation Practice

Updated: 06 December 2021; Ref: scu.239293

CtL, CmL, TLP, ARP, MM and JB (Children) (Fact Finding: Protection From Sexual Harm), Re: FD 1 Mar 2013

The purpose of this three week hearing has been to consider whether and if so how the threshold criteria have been established in relation to the six subject children and also, insofar as possible, to make final welfare decisions.

Mrs Justice Pauffley
[2013] EWHC 2133 (Fam)
Bailii
England and Wales

Children

Updated: 06 December 2021; Ref: scu.513754

Puttick v Attorney General etc: FD 1980

P, a former member of the Baader-Meinhof gang absconded while awaiting trial in Germany. She entered the UK using a passport which she had bought in the name of S, and married P under that name. The German authorities discovered her true identity and location, and applied to extradite her. She applied under section 6 of the 1948 Act. Section 6 gave an apparently unqualified right to any woman married to a United Kingdom citizen to be registered as a citizen of the United Kingdom. She sought a declaration that the marriage was a valid and subsisting marriage, as she had acquired a domicile of choice in England.
Held: Her leave to enter had been obtained by the fraudulent production of an invalid passport, and she was barred from acquiring a domicile of choice here. A fugitive from foreign justice will not acquire habitual residence in this jurisdiction simply by reliance on a temporal period during which the claimant has outwitted authority. Sir George Baker P cited Dicey and Morrs: ‘It has been held that a domicile of choice cannot be acquired by illegal residence. The reason for this rule is that a court cannot allow a person to acquire a domicile in defiance of the law which that court itself administers.’

Sir George Baker P
[1980] Fam 1, [1981] QB 767
British Nationality Act 1948 6
England and Wales
Cited by:
CitedCannon v Cannon CA 19-Oct-2004
The mother had brought the child to the UK wrongfully. She had hidden their identity for more than a year. Upon discovering her, the father came to England and began proceedings for the child’s return to the US.
Held: Because the child’s . .
CitedMark v Mark HL 30-Jun-2005
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her . .
Appeal fromRegina v Secretary of State for the Home Department Ex Parte Puttick CA 1981
The applicant, then Astrid Proll, fled bail in Germany when awaiting trial on terrorist charges, entered England and under a false name, and married Mr Puttick. She resisted extradition saying that under the 1948 Act she was now a British National. . .
CitedPrest v Petrodel Resources Ltd and Others SC 12-Jun-2013
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The . .

Lists of cited by and citing cases may be incomplete.

Children, Immigration

Updated: 06 December 2021; Ref: scu.219159

London Borough of Lewisham v D and Others: FD 29 Mar 2010

The local authority was investigating allegations involving the family history of children in their care. They sought disclosure by the respondent police authority of the results DNA comparison tests to assist their investigations. The court considered whether a matching report on a DNA sample itself was derived from the sample.
Held: Disclosure could not be made. The information requested by the Local Authority does fall within the definition of ‘information derived from the sample’ (section 64(1B)(b)) and should not be disclosed except for one of the specified purposes. Though the authority was investigating issues at the same time that the police were investigating crimes, their investigations were not themselves criminal investigations: ‘the provisions of PACE 1984 are directed to those who are specifically charged with investigating of criminal offences, with a view to bringing them to justice, and are not directed to Local Authorities conducting their child protection responsibilities.’

Stephen Cobb QC J
[2010] EWHC 1239 (Fam), [2010] Fam Law 795, [2011] 1 FLR 908
Bailii
Children Act 1989 31, Police and Criminal Evidence Act 1984 64(1A) 63A(1)
England and Wales
Citing:
CitedS v S; in re S (An Infant, by her Guardian ad Litem the Official Solicitor to the Supreme Court) v S; W v Official Solicitor (Acting as Guardian ad Litem for a Male Infant Named PHW) HL 1970
Lord Hodson said: ‘The interests of justice in the abstract are best served by the ascertainment of the truth and their must be few cases where the interests of children can be shown to be best served by the suppression of truth. Scientific evidence . .
CitedIn re H and A (Children) (Paternity: Blood Tests) CA 21-Mar-2002
The right to know one’s parentage and identity is a fundamental part of private life. Thorpe LJ said: ‘first, that the interests of justice are best served by the ascertainment of the truth and secondly, that the court should be furnished with the . .
CitedMarper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
CitedS, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
CitedIn re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening) HL 11-Jun-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 . .
CitedThe London Borough of Lambeth v SCVJ and others FD 2006
A court was unable to direct the commissioner of the police for the metropolis to disclose or release any sample of the DNA taken from a child for the purposes of comparing it with the DNA taken by other children. . .

Lists of cited by and citing cases may be incomplete.

Police, Information, Children, Local Government

Updated: 06 December 2021; Ref: scu.417776

Doncaster Metropolitan Borough Council v Haigh and Others: FD 22 Aug 2011

Doncaster Metropolitan Borough authority (‘the local authority’) seeks to put into the public domain aspects of care proceedings under Part IV of the Children Act 1989, which, in accordance with normal practice, were heard in private.

The Rt Hon the President,
Sir Nicholas Wall
[2011] EWHC 2412 (Fam), [2011] Fam Law 1205, [2011] 3 FCR 397
Bailii
England and Wales

Children, Litigation Practice

Updated: 06 December 2021; Ref: scu.450350

Al-Hilli (Children), Re: FD 22 Jul 2013

The circumstances in which representatives of the media should be excluded from attending family proceedings. Reporting of the proceedings is restricted, but I am authorising publication of this judgment including the names of the children.

The Honourable Mr Justice Baker
[2013] EWHC 2190 (Fam)
Bailii
England and Wales
Citing:
SummaryAl-Hilli (Children), Re (Summary of Judgment) FD 26-Jul-2013
. .

Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 06 December 2021; Ref: scu.513766

M v JM: FD 14 Jun 2007

The father F sought the return to Greece of his two children. F had rights of custody, and for a time the children had been habitually resident in Greece. They disputed whether the return to England had been consensual.
Held: M had established by oral evidence that the return was consensual. The move to Greece had always been on the basis that she and the children might return at any time.

Sumner J
[2007] EWHC 1404 (Fam)
Bailii
England and Wales
Cited by:
CitedMarinos v Marinos FD 3-Sep-2007
The court was asked as to points of both law and fact under Article 3 of Council Regulation (EC) No 2201/2203, commonly known as Brussels II (revised). The greek father and english mother and their children had lived in Greece and England. W began . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 06 December 2021; Ref: scu.254468

T v B: FD 16 Jun 2010

Whether the Respondent is a parent under Schedule 1 of the Children Act 1989 so that the court has jurisdiction to make an order against her for financial relief.

Mr Justice Moylan
[2010] EWHC 1444 (Fam), [2010] 1 Fam 193, [2010] Fam 193, [2011] 1 All ER 77, [2011] 1 FCR 1, [2010] 3 WLR 1349, [2010] Fam Law 1067, [2010] 2 FLR 1966
Bailii
England and Wales

Children

Updated: 06 December 2021; Ref: scu.421089

CF v KM: FD 13 Jul 2010

Appeal from a dismissal of an application by the Appellant Mother of an application made under Schedule 1 of the Children Act 1989 for a lump sum payment for the benefit of her daughter to meet, or to contribute to, (a) the costs of the Schedule 1 claim (the Schedule 1 proceedings) and (b) proceedings under the Children Act 1989 relating to where the child should be educated and where she should live.

The Honourable Mr Justice Charles
[2010] EWHC 1754 (Fam), [2011] 1 FLR 208, [2010] Fam Law 1060
Bailii
England and Wales

Children

Updated: 06 December 2021; Ref: scu.420704

In re B (A Child): CA 20 Jun 2014

Appeal by a child against an order raising issues of general public importance in respect of two matters: first, the powers of the court to compel third parties without parental responsibility (or any other form of power or control over the child) to take steps to secure the return of an abducted child; and, second, the role of non-subject children in such proceedings, the powers of the court in relation to them, and the basis on which orders can properly be made against them having regard to Article 3.1 of the United Nations Convention on the Rights of the Child and Article 8 of the European Convention.

Sir James Munby P FD, Black, Underhill LJJ
[2014] EWCA Civ 843
Bailii
England and Wales

Children, International

Updated: 05 December 2021; Ref: scu.526961

Re Z (Children): FD 18 Jun 2014

The father, X, asserted that he was such, but refused to undergo a DNA test, and ‘The question arises in the most appalling circumstances: X murdered the children’s mother, in particularly horrible circumstances. He is serving a sentence of life imprisonment, with a long minimum term. Whatever role it might be thought that X should have in these children’s lives – a matter with which I am not concerned – the issue of his paternity goes also to the question of what role his wider family should have. ‘ The court was asked whether the DNA records held by the police could be used instead.
Held: There was no prohibition in respect of Part II DNA profiles. The court had a discretion to order the disclosure of DNA profiles obtained under Part II of PACE in order to assist the court in resolving a paternity issue which had arisen in these proceedings. Exercising the court’s discretion, The Commissioner should be ordered to disclose the profiles.
Munby P said: ‘Ms Broadfoot submits that a DNA sample or profile derived from a crime scene sample seized under Part II of PACE which has been matched to a DNA sample or profile taken under Part V of PACE may not be ordered to be disclosed for paternity purposes because the disclosure of the Part II sample would, as she puts it, involve the collateral (and prohibited) use of the Part V sample, in breach of section 63T. I agree with the proposition and the conclusion but it rests on an unspoken assumption which is at odds with what is sought in this case.
Ms Broadfoot says that crime scene samples and the profiles derived from them are of limited use on their own as they cannot identify any particular person. DNA, she says, only becomes significant for identification purposes once compared with that of a known person. She amplifies the point by postulating a case where samples at a crime scene produce 15 different DNA profiles. After 14 persons have been eliminated from the inquiry, the remaining man is convicted. A paternity issue arises and the guardian seeks the DNA profile from the crime scene relating to the convicted man. The only way, she says, the police can identify his DNA profile from the other 14 is by matching it to the Part V sample. This involves a use of the Part V sample (see section 63A(1)), which is not permitted for paternity purposes.
The short answer to all this, as Mr McCarthy points out, is that, whatever might be needed in another case, there is no need in this case to compare anything with a Part V sample, and that is not what he is proposing.
Evidence, entirely independent of any samples or DNA profiles, demonstrates that the blood at the crime scene in all probability includes both the mother’s blood and X’s blood. The unidentified DNA profiles obtained from those samples can, without reference to any other samples (whether obtained under Part V of PACE or, post mortem, from the mother’s body), be compared with the DNA samples obtained, pursuant to the order already made by Hogg J, from the children. If those unidentified DNA profiles identify two persons as being parents of the children, then that will, without more, establish X’s paternity. If those unidentified DNA profiles identify one person as being a parent of the children, then it will be necessary to compare the relevant profile with that obtained from the mother’s post mortem sample to establish whether it is hers or, by elimination, X’s.
Mr McCarthy submits that Ms Broadfoot’s submissions entirely miss the point of this application, which makes no reference to and is not in any way dependent upon any Part V sample. As he says, none of the examples given by Ms Broadfoot have anything to do with the factual basis upon which the guardian’s application is mounted. With brutal simplicity, he summarises his case as follows: The guardian’s case is simple. No reference is made to any Part V samples; no reference is made to any comparison with any Part V sample; no disclosure is sought of any Part V sample (or, I might add, anything derived from a Part V sample). Section 63T, he submits, does not apply.’

Sir James Munby P
[2014] EWHC 1999 (Fam)
Bailii
England and Wales
Cited by:
Appeal fromX and Another v Z (Children) and Another CA 5-Feb-2015
The Court was asked as to the circumstances in which DNA profiles obtained by the police in exercise of their criminal law enforcement functions can, without the consent of the data subject, be put to uses which are remote from the field of criminal . .

Lists of cited by and citing cases may be incomplete.

Children, Police, Information

Updated: 04 December 2021; Ref: scu.526712

Regina (Williamson and Others) v Secretary of State for Education and Employment: Admn 15 Nov 2001

A genuine religious belief which supported the use of corporal punishment in schools was not itself either a manifestation of religious belief which required protection under the convention, or a religious and philosophical conviction for the purposes of the right to education provisions of article 2. A religiously founded belief that corporal punishment should be imposed was not a philosophical or religious conviction.

Justice Elias
Times 12-Dec-2001, [2001] EWHC Admin 960, [2002] ELR 214
Bailii
European Convention on Human Rights Art 2, 9, Education Act 1996 548
England and Wales
Cited by:
Appeal fromRegina (Williamson and Others) v Secretary of State for Education and Employment CA 12-Dec-2002
The claimants sought a declaration that the restriction on the infliction of corporal punishment in schools infringed their human right of freedom of religion. The schools concerned were Christian schools who believed that moderate corporal . .
CitedRegina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .

Lists of cited by and citing cases may be incomplete.

Education, Children, Human Rights

Updated: 04 December 2021; Ref: scu.167115

Re M (A Child): CA 17 Jul 2020

This appeal concerns the exercise by the court of its inherent jurisdiction in respect of a child who is a British national, historically called the parens patriae jurisdiction. The principal question is whether a Deputy High Court Judge, was right to order that a child aged 13, who has been living in Algeria for just over 12 years, should be brought to England so that ‘an assessment can be made in a place of safety as to her best interests and living arrangements’.

Lord Justice Moylan
[2020] EWCA Civ 922, [2020] WLR(D) 419
Bailii, WLRD
England and Wales

Children, International

Updated: 04 December 2021; Ref: scu.652573

B v B: FD 21 May 2014

Mostyn J used the 1996 Convention for just this purpose, when ordering the return of a child to Lithuania pursuant to the 1980 Convention, so as to ensure that there was no grave risk of harm within the meaning of article 13(1)(b) of that Convention.

Mostyn J
[2014] EWHC 1804 (Fam)
Bailii
England and Wales
Cited by:
CitedIn re J (A Child) SC 25-Nov-2015
The court considered for the first time the scope of the jurisdiction conferred by article 11 of the 1996 Convention ‘in all cases of urgency’ upon the Contracting State where a child is present but not habitually resident. F had obtained an order . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 04 December 2021; Ref: scu.526364

In re WT (A Child): FD 4 Mar 2014

Theis J said: ‘A parental order application has to be made within six months of the child’s birth. There is no power vested in the court to extend that period.’

Theis DBE J
[2014] EWHC 1303 (Fam)
Bailii
Cited by:
CitedIn re X (A Child) (Surrogacy: Time Limit) FD 3-Oct-2014
Extension of Time for Parental Order
The court considered the making of a parental order in respect of a child through surrogacy procedures outside the time limits imposed by the 2008 Act. The child had been born under Indian surrogacy laws. The commissioning parents (now the . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 03 December 2021; Ref: scu.525852

Hines v London Borough of Lambeth: CA 20 May 2014

The child applicant sought housing assistance.
Held: The child’s welfare had obviously to be taken into account, but it could not be the paramount consideration as this would be inconsistent with the statutory language.

Sullivan, Patten, Vos LJJ
[2014] HLR 32, [2014] WLR(D) 238, [2014] EWCA Civ 660, [2014] 1 WLR 4112
Bailii, WLRD
Housing Act 1996
England and Wales
Cited by:
CitedNzolameso v City of Westminster SC 2-Apr-2015
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she . .

Lists of cited by and citing cases may be incomplete.

Housing, Immigration, Children

Updated: 03 December 2021; Ref: scu.525628

Re S (Children, W and T): CA 14 May 2014

The parents sought leave to appeal against a care order made on a finding of sexual abuse of one of the children, saying that the court had failed to allow for the inherent improbability of the facts alleged.

Sir James Munby, P, Lewison, McCombe LJJ
[2014] EWCA Civ 638
Bailii
England and Wales
Citing:
CitedYuill v Yuill CA 1944
Appellate Court’s Caution in Reassessing Facts
The Court of Appeal was invited to reverse the decision of the judge at first instance to accept the evidence of the petitioner (no evidence having been called by the respondent).
Held: The court considered the caution needed when overturning . .
CitedFaryna v Chorny 1952
When a finding of fact depends on a matter such as the logical consistency of the evidence rather than the manner of the witness, an appellate court may be more readily willing to reject a finding of a specific fact.
Justice O’Halloran said: . .
CitedJones v National Coal Board CA 17-Apr-1957
The judicial function of dealing with cases justly in an adversarial system requires a first instance judge ‘to hear and determine the issues raised by the parties, not to conduct an investigation or examination on behalf of society at large.’ That . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 03 December 2021; Ref: scu.525472