Category: Children

In re H-K (Children): CA 10 Oct 2011

Judges:

Ward, Longmore, Sullivan LJJ

Citations:

[2011] EWCA Civ 1100, [2011] Fam Law 1336, [2012] 1 FLR 436, [2012] FLR 436

Links:

Bailii

Statutes:

Hague Convention on the Civil Aspects of International Child Abduction, 1980

Jurisdiction:

England and Wales

Cited by:

Cited – A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 20 September 2022; Ref: scu.445169

FD, Regina (on The Application of) v X Metropolitan Borough Council: Admn 16 Dec 2019

Application for judicial review of a purported decision by X Council to continue to detain FD, a girl who is 14 years and 5 months, in secure accommodation.

Judges:

Mrs Justice Lieven DBE

Citations:

[2019] EWHC 3481 (Admin)

Links:

Bailii

Statutes:

Children Act 1989 25

Jurisdiction:

England and Wales

Children, Local Government

Updated: 19 September 2022; Ref: scu.645849

Re P: FD 13 Dec 2013

A local council applied for a reporting restriction order in the context of a case as to which there had been substantial public discussion and conflict.
Held: As to the child involved: ‘the arguments in favour of the continuing anonymisation of the child are overwhelming and that the corresponding arguments in favour of the naming of the child, if indeed there are such arguments (and none have in fact been put forward), are exiguous and, on any basis, heavily counterbalanced by the arguments in favour of the child’s anonymity being preserved.’
As to the mother: ‘The mother wishes to complain publicly about the way in which the courts in this country have handled her and her daughter. The court should be very slow indeed before preventing a parent doing what the mother wishes to do in the present case.’
Order accordingly, reasons to follow.

Judges:

Munby J, P

Citations:

[2013] EWHC 4037 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – In re P (A Child) Misc 1-Feb-2013
Chelmsford County Court – The court heard an application by the local authority for an order freeing a child for adoption. The mother suffered a continuing mental health condition but that was presently under control.
Held: The threshold . .
Cited – In re AA COP 23-Aug-2012
The patient had been attending a course in the UK for her work. She suffered a further episode of a bipolar condition. Being pregnant she stopped taking her medication. Her mental condition deteriorated, and she was taken into secure psychiatric . .

Cited by:

See Also – In re P (A Child) FD 17-Dec-2013
A local authority applied for a reporting restriction order. The Italian mother when pregnant suffered mental illness. She ceased treatment to protect her unborn child and became psychotic and delusional and was detained in a mental hospital. She . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 19 September 2022; Ref: scu.519044

DM, Regina (on The Application of) v Wigan Metropolitan Borough Council: Admn 21 Jun 2011

The claimant sought judcial review of the defendant’s withdrawal of the provision of transport to and from a leisure facility, and otherwise.

Judges:

Pelling QC J

Citations:

[2011] EWHC 2175 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Children

Updated: 17 September 2022; Ref: scu.442699

In 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.

Citations:

[2006] EWCA Civ 830

Links:

Bailii

Statutes:

Child Abduction and Custody Act 1985, Hague Convention on the Civil Aspects of International Child Abduction 1980

Jurisdiction:

England and Wales

Citing:

Appeal from – 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. . .

Cited by:

Appeal from – In 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: 17 September 2022; Ref: scu.246065

Official Solicitor to the Supreme Court v K: HL 1965

Legal representatives of a party were entitled to have disclosed to them of ‘behind the scenes’ investigation in a care matter in which their client was involved, but should be requested to undertake not to pass on details to their client.

Judges:

Lord Devlin

Citations:

[1965] AC 201

Jurisdiction:

England and Wales

Cited by:

Approved – Re M (Disclosure) FD 20-May-1998
Children proceedings must not become overburdened by expert evidence which vastly increase expense. Closer case management was urged by courts as urged. Disclosure of background reports to a legal adviser under conditions of confidentiality was . .
Cited – In re W (Children) (Care proceedings: Disclosure) FD 11-Jul-2003
The authority had received confidential information from the police about mistreatment of a child by a father. The allegation was unknown to the mother. It sought directions from the court as to the extent to which it could breach that . .
Lists of cited by and citing cases may be incomplete.

Children, Legal Professions

Updated: 16 September 2022; Ref: scu.184728

In re S (A Child); TL v London Borough of Hammersmith and Fulham, ED, S (by a Children’s Guardian): CA 15 Jul 2011

TL, the mother appealed against refusal of her application by the appellant for a residential parenting assessment pursuant to section 38(6) of the Children Act 1989.

Judges:

Sir Nicholas Wall P, Moore-Bick, Black LJJ

Citations:

[2011] EWCA Civ 812

Links:

Bailii

Statutes:

Children Act 1989 38(6)

Jurisdiction:

England and Wales

Children

Updated: 16 September 2022; Ref: scu.441867

In re M (A Child): CA 22 Jun 2010

Pother’s appeal against an order granting permission for the father to take the child on holiday to France and/or Cameroon.

Judges:

Lady Justice Black

Citations:

[2010] EWCA Civ 888, [2011] 1 FLR 1943, [2010] Fam Law 1068

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 16 September 2022; Ref: scu.421756

The London Borough of X v Y (Deprivation of Liberty In Scotland): FD 23 Feb 2021

Application by the London Borough of X for orders permitting the local authority a) to place a child Y outside of the jurisdiction, in Scotland, pursuant to paragraph 19, Schedule 2, Children Act 1989; b) to deprive Y of his liberty and c) to utilise the services of a secure transport company to transport Y to the proposed placement in Scotland, using reasonable force if necessary.

Judges:

Mr L Samuels QC

Citations:

[2021] EWHC 440 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Human Rights

Updated: 16 September 2022; Ref: scu.659365

M v C: SCS 23 Feb 2021

Court’s duties when considering whether to explore the views of a child before making an order under section 11(1) of the Children (Scotland) Act 1995. Section 11(7)(b) states that, taking account of the child’s age and maturity, the court ‘shall so far as practicable’ take steps to ensure that any views he or she wishes to express are taken into account.

Judges:

Lord Malcolm

Citations:

[2021] ScotCS CSIH – 14

Links:

Bailii

Jurisdiction:

Scotland

Children

Updated: 15 September 2022; Ref: scu.659016

William Douglas v Robert Boyd and Johne Kernis, His Tutor: SCS 4 Dec 1500

Gif ony actioun or cause be intentit aganis ane pupill and his tutor, and befoir the intenting thairof, or thairefter, the tutor be commandit to ward be the Kingis grace, the actioun and cause aucht and sould be continewit and delayit aganis the said minor, untill his tutor, quha sould have defendit him, be fred and relevitfra his captivitie and ward; and in the mean time of the continuatioun and endurance in ward of the tutor, all lauchfull defences and exceptiounis ar reservit to baith the parties, and all prescriptiounis aucht and sould sleip and ceis, quhilkis utherwayis micht have run and had course in the said matter.

Citations:

[1500] Mor 16215

Links:

Bailii

Jurisdiction:

Scotland

Children

Updated: 15 September 2022; Ref: scu.554539

N v Johne Creichtoune: SCS 30 Mar 1501

Ane minor beand in ward in the Kingis or uther superiouris hands, na actioun or clam tuiching his ward-landis may be intentit or proponit aganis him, except the King, or his uther superiour, be warnit to compeir for his defence; because the minor sould be defendit in all sic actiounis be him in quhais handis and powar he is, be ressoun of ward.

Citations:

[1501] Mor 16215

Links:

Bailii

Jurisdiction:

Scotland

Children

Updated: 15 September 2022; Ref: scu.554585

MN and Another v London Borough of Hackney: Admn 10 May 2013

Claim for judicial review of a decision of the defendant local authority to refuse to provide accommodation and support to the claimants, together with their parents, under section 17 of the Children Act 1989.

Judges:

Leggatt J

Citations:

[2013] EWHC 1205 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Children, Housing

Updated: 15 September 2022; Ref: scu.509137

Re LSDC (A Child): FD 24 Apr 2012

Application for registration, recognition and enforcement of a Judgment of the Portuguese Court pursuant to Council Regulation (EC) 2201/2003 and consequential orders for stay of proceedings in the UK on the basis that the Portuguese Court has jurisdiction to determine issues in relation to the child.

Judges:

Macur DBE J

Citations:

[2012] EWHC 983 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, International

Updated: 15 September 2022; Ref: scu.460529

SH v HH (Jurisdiction to Grant Wardship): CA 8 Jul 2011

The British father, of Afghan origin, travelled back to Afghanistan to marry. His wife, the mother, planned to come to England but had never left Afghanistan when their first child was born. Her subsequent journey (alone) to England may have resulted in her own habitual residence being established in England, but clearly could not affect that of the child, which was understandably conceded by experienced counsel to be in Afghanistan. The request had been made in order to compel the father to bring the child to the jurisdcition. F resisted saying that the child had never been within this jurisdiction it could not be held that he was habitually resident here.
Held: ‘ the appeal should be allowed, the orders of Judge Cliffe should be set aside and the wardship in relation to both the children discharged. The wardship in relation to SH is discharged because there is no jurisdiction over a child who is not and has never been habitually resident or present here. The wardship is discharged in relation to his sister, who is here, because whatever orders are required in her case can more properly be made under the provisions of the Children Act 1989. Once the proceedings in relation to SH are dismissed the father is clearly entitled to the return of his passport and this court will make whatever order or direction is necessary for its release.’

Judges:

Thorpe, Black LJJ, Sir Henry Brooke

Citations:

[2011] EWCA Civ 796, [2012] 1 FLR 23, [2011] Fam Law 1071

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 15 September 2022; Ref: scu.441589

JB DB and JWDWB v The Authority Reporter for Edinburgh: SCS 22 Jun 2011

Citations:

[2011] ScotCS CSIH – 39, [2011] CSIH 39, 2012 SCLR 187, 2011 Fam LR 96, 2012 SC 23, 2011 SLT 1194, 2011 GWD 22-510

Links:

Bailii

Cited by:

Cited – NJDB v JEG and Another SC 23-May-2012
Mother and father disputed whether the father should be allowed contact with their child S. Court orders had been made for residential and non-residential contact, but there were difficulties and the order for contact was reversed on the basis that . .
Lists of cited by and citing cases may be incomplete.

Scotland, Children, Legal Aid

Updated: 15 September 2022; Ref: scu.441328

E v E: CA 27 Jun 2006

The court heard cross appeals by both parties regarding an order for shared residence and apportioned care and for ancillary relief.
Held: Both appeals succeeded, the order was set aside (save as to the decision for shared residence) and the case remitted.

Judges:

Lord Justice Kay Mr Justice Wilson Lord Justice Wall

Citations:

[2006] EWCA Civ 843, [2006] Fam Law 933, [2006] 2 FCR 631, [2006] 2 FLR 1228

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Payne 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.
Lists of cited by and citing cases may be incomplete.

Family, Children

Updated: 14 September 2022; Ref: scu.242877

M, Regina (on the Application Of) v Islington and Another: Admn 5 Jun 2003

What powers do local authorities now have to provide accommodation for an adult who, not being an asylum-seeker, is unlawfully present in the United Kingdom and who is caring for a child?

Judges:

Wilson J

Citations:

[2003] EWHC 1388 (Admin), [2003] HLR 73, [2003] 2 FLR 903, [2003] Fam Law 729, [2004] ACD 8

Links:

Bailii

Statutes:

Nationality, Immigration and Asylum Act 2002

Jurisdiction:

England and Wales

Immigration, Housing, Children

Updated: 14 September 2022; Ref: scu.185377

In re Baby X: FD 28 Jan 2010

X’s mother had been arrested on suspicion of cruelty to X who now suffered life threatening respiratory illness and was in need of constant medical care. The local authority now applied for a care order, saying that the mother was the cause of the injury or illness. The father sought to be allowed contact.

Judges:

Ryder J

Citations:

[2010] EWHC 28 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 13 September 2022; Ref: scu.440449

London Borough of Lambeth v Grant: CA 16 Dec 2004

The applicant was an overstaying immigrant, and was to be returned to Jamaica. She had three children, the youngest of whom had been born in England. The council sought to pay the fares to return to Jamaica for the whole family rather than to have to pay the costs of housing for them.
Held: The appeal succeeded. It was imoportant to remember that the applicant and her family were here illegally, and had no right to support. The applicant could not create such a right by making an application to remain. The power to promote the family’s well being included the power to provide the fares.

Judges:

Lord Justice Kennedy Lord Justice Chadwick

Citations:

Times 05-Jan-2005, [2004] EWCA Civ 1711, [2005] 1 WLR 1781

Links:

Bailii

Statutes:

European Convention on Human Rights 8, Local Government Act 2000 2

Jurisdiction:

England and Wales

Citing:

Appeal from – London Borough of Lambeth v Grant QBD 17-Jun-2004
Where a parent was to be returned to her country of origin, the local authority had no power to provide travelling expenses to the children to go with her. . .
Lists of cited by and citing cases may be incomplete.

Housing, Children, Immigration, Human Rights

Updated: 12 September 2022; Ref: scu.220570

JB v D: FD 28 Jun 2016

‘This case has been listed before me today to deal with 3 issues: –
(i). The status of the Hague Convention Proceedings issued by the mother;
(ii) Whether the court has jurisdiction to make further Orders relevant to SJ, who is 9 years old, either under the Inherent Jurisdiction of the High Court to enforce its own Order, or under the Parens Patriae jurisdiction;
(iii) Whether the Court should make Orders for the return of SJ to Poland.’

Judges:

Hayden J

Citations:

[2016] EWHC 1607 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 12 September 2022; Ref: scu.566832

Re H (Children): CA 17 Mar 2011

The father sought leave to appeal against an order allowing the mother to relocate to Canada taking the children of the family with her.
Held: The appeal had no prospects of success.

Judges:

Mummery, Hughes, Black LJJ

Citations:

[2011] EWCA Civ 529

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 12 September 2022; Ref: scu.439727

A, Regina (on The Application of) v Lewisham Youth Court and Another: Admn 12 May 2011

The court considered the remand in custody of a 15 year old boy by order of a Youth Court on his appearance following arrest and charge for an offence of murder. The question was whether the court had any responsibility for deciding the type of accommodation to which he was to be remanded.

Judges:

Toulson LJ, Lloyd Jones J

Citations:

[2011] EWHC 1193 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice, Children

Updated: 12 September 2022; Ref: scu.439662

In In Re T (Abuse: Standard of Proof): CA 19 May 2004

Dame Elizabeth Butler-Sloss P said that in abuse cases, evidence: ‘cannot be evaluated in separate compartments. A judge in these difficult cases has to have regard to the relevance of each piece of evidence to other evidence and to exercise an overview of the totality of the evidence in order to come to the conclusion whether the case put forward by the local authority has been made out to the appropriate standard of proof.’

Judges:

Dame Elizabeth Butler-Sloss P, Potter, Mummery LJJ

Citations:

[2004] EWCA Civ 558, [2004] 2 FLR 838, [2004] Fam Law 709

Links:

Bailii

Statutes:

Children Act 1989 31

Jurisdiction:

England and Wales

Cited by:

Cited – In 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 . .
Cited – London 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 . .
Cited – In re P and Q (Children: Care Proceedings: Fact Finding) FC 19-Mar-2015
pandQFC201503
The mother and her partner had accused many people of the satanic ritual abuse of her children. The children had since retracted their complaints.
Held: The complaints by the children had been prompted and manufactured by the mother’s partner . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 12 September 2022; Ref: scu.439644

Palau Martinez v France: ECHR 15 Sep 2010

Citations:

64927/01, [2010] ECHR 1428

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – Palau Martinez v France ECHR 16-Dec-2003
A decision of the French court that the children should live with their father, and not with their Jehovah’s Witness mother, was based decisively on its view of the mother’s religious practices and was discriminatory; although the protection of the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 11 September 2022; Ref: scu.425054