Category: Children

Re A (No 2) (Children: Findings of Fact): CA 14 Nov 2019

Appeal from act finding as to use of FGM against a child.
Held: The decision was both wrong and procedurally unjust. The FGM finding was conjectural and unsupported by any real evidence. It had not been alleged, or even investigated, and therefore took the parties by surprise. It must be set aside, and as it is the foundation for the identification of the mother as having killed her daughter, that finding cannot stand either.

Judges:

Lord Justice Peter Jackson

Citations:

[2019] EWCA Civ 1947

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 11 September 2022; Ref: scu.644119

Button v Salama: FD 2 Jul 2013

An order had been made placing the child of the parties under wardship. The mother now applied for an order to commit the father to prison for contempt of court in failing to abide by orders made. He had taken the child to Egypt, and now said that his family had taken her into their care and refusing to give him any information which would allow him to comply.
Held: The court did not believe the father.

Judges:

Roderic Wood J

Citations:

[2013] EWHC 2474 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – In re A (A Child) (Abduction: Contempt) CA 21-Aug-2008
The father apealed against his sentence of committal for contempt of court in the course of children proceedings. During a dispute over residence, he took the child to his family in Syria and returned alone. He had then disobeyed orders requiring . .
Cited – Re W (A Child) (Abduction: Committal) CA 17-Aug-2011
If the sentence for an original breach of a court order has expired without compliance on the part of the contemnor – then it is necessary first to make another order specifying another date for compliance, followed, in the event of non-compliance, . .

Cited by:

See Also – Button v Salama FD 27-Sep-2013
The court made orders further imprisoning the father for his repeated failures to comply with court orders for the return of the child of the family from Egypt. . .
See Also – Button v Salama FD 19-Dec-2013
The father had repeatedly failed to obey court orders for the return of the family’s daughter to the UK. He had been subject to terms of imprisonment and now faced anotehr application. The court considered whether the total time now spend in prison . .
Lists of cited by and citing cases may be incomplete.

Children, Contempt of Court

Updated: 11 September 2022; Ref: scu.516461

AA, Regina (on The Application of) v Secretary of State for The Home Department: SC 10 Jul 2013

The issue on this appeal is the effect of section 55 on the legality of the appellant’s detention under paragraph 16 over a period of 13 days. At the time of the detention the Secretary of State acted in the mistaken but reasonable belief that he was aged over 18. It is now an agreed fact that he was born on 1 February 1993 and so was aged 17. If his true age had been known he would not have been detained, because his detention would have been contrary to the Secretary of State’s policy in relation to minors. The appellant’s case was that the fact of his age made his detention unlawful on the proper construction of section 55, and that the Secretary of State’s reasonable belief that he was over 18 was no defence to his claim.
Held: The appeal failed. The respondent acting under a genuine and reasonable if mistaken belief was not liable. To safeguard children the Secretary of State had to establish proper systems for arriving at a reliable assessment of a person’s age. That was not easy. She was vicariously responsible for the actions of her officers, but had issued detailed and appropriate guidance the evidence was that that guidance had been followed.

Judges:

Lord Neuberger, President, Lord Clarke, Lord Wilson, Lord Carnwath, Lord Toulson

Citations:

[2013] UKSC 49, [2014] INLR 51, [2013] 1 WLR 2224, [2013] HRLR 34, [2013] 3 FCR 515, [2013] WLR(D) 272, [2013] 4 All ER 140, UKSC 2013/0032

Links:

Bailii, Balii Summary, SC Summary, SC, WLRD, Gazette

Statutes:

Borders, Citizenship and Immigration Act 2009 55, Immigration Act 1971 S2, 16(2)

Jurisdiction:

England and Wales

Citing:

Appeal from – AA, Regina (on The Application of) v Secretary of State for The Home Department CA 26-Oct-2012
The applicant had been detained for immigration purposes, but it then transpired that, though unaccompanied on arrival, he was under 18, and should not have been detained. He was released after 13 days, but now sought judicial review. . .
Cited – Regina (B) v Merton London Borough Council Admn 14-Jul-2003
The authority had to decide the age of the applicant, an asylum seeker, in order to decide whether a duty was owed to him under the Act. He complained that the procedure adopted was unfair. The 2002 Act did not apply to persons under 18, and he . .
At first instance – A, Regina (on The Application of) v Cardiff County Council and Others Admn 7-Mar-2011
The claimant pursued an application for permission to apply for judicial review against the Secretary of State. He had entered unlawfully, and been held in immigration detention, but said that as a child at the time, he should not have bee detained. . .
Cited – AAM (A Child) v Secretary of State for The Home Department QBD 27-Sep-2012
The claimant sought damages, alleging false imprisonment and breach of article 5 of the European Convention on Human Rights. The defendant conceded that the detention had been unlawful because officers had wrongly applied a presumption that an . .
Cited – Liversidge v Sir John Anderson HL 3-Nov-1941
The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents.
Held: The . .
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
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 . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Lists of cited by and citing cases may be incomplete.

Immigration, Children, Torts – Other

Updated: 10 September 2022; Ref: scu.512251

Eat, Regina (on The Application of) v London Borough of Newham: Admn 28 Feb 2013

Whether the Defendant local authority is obliged to provide support, including accommodation, to the Claimant and her mother pursuant to section 17 of the Children’s Act 1989, pending determination of the mother’s appeal against the refusal by the United Kingdom Border Agency acting on behalf of the Secretary of State for the Home Department, of her application for indefinite leave to remain in the UK.

Citations:

[2013] EWHC 344 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Immigration, Housing

Updated: 10 September 2022; Ref: scu.471299

Button v Salama: FD 27 Sep 2013

The court made orders further imprisoning the father for his repeated failures to comply with court orders for the return of the child of the family from Egypt.

Judges:

Holman J

Citations:

[2013] EWHC 2972 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Button v Salama FD 2-Jul-2013
An order had been made placing the child of the parties under wardship. The mother now applied for an order to commit the father to prison for contempt of court in failing to abide by orders made. He had taken the child to Egypt, and now said that . .
Cited – Re W (A Child) (Abduction: Committal) CA 17-Aug-2011
If the sentence for an original breach of a court order has expired without compliance on the part of the contemnor – then it is necessary first to make another order specifying another date for compliance, followed, in the event of non-compliance, . .

Cited by:

See Also – Button v Salama FD 19-Dec-2013
The father had repeatedly failed to obey court orders for the return of the family’s daughter to the UK. He had been subject to terms of imprisonment and now faced anotehr application. The court considered whether the total time now spend in prison . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Children

Updated: 10 September 2022; Ref: scu.516466

SM and Another v Secretary of State for The Home Department: Admn 8 May 2013

The court was asked as to the impact of section 55 of the 2009 Act on the consideration by the Secretary of State for the Home Department of applications by children, made outside the scope of the Immigration Rules, for leave to remain in the United Kingdom.

Judges:

Holman J

Citations:

[2013] EWHC 1144 (Admin), [2013] WLR(D) 169

Links:

Bailii, WLRD

Statutes:

Borders, Citizenship and Immigration Act 2009 55

Jurisdiction:

England and Wales

Immigration, Children

Updated: 10 September 2022; Ref: scu.503471

Pelling v Head of Civil Appeals: CA 9 May 2006

The applicant sought to have overturned an injunction made in children proceedings for the discharge of an injunction preventing publication of matters relating to a child application from 1994. The court replied that the injunction stood discharged, and therefore declined to issue the proceedings. Dr Pelling sought judicial review of that refusal. The court said that an alternative remedy still lay open to him.
Held: The officer who had declined to issue proceedings was qualified and authorised to do so and had made the correct decision.

Citations:

[2006] EWCA Civ 697

Links:

Bailii

Jurisdiction:

England and Wales

Children, Litigation Practice

Updated: 09 September 2022; Ref: scu.242359

K v K: FD 21 Apr 2015

F and M had been involved in protracted and bitter litigation on their divorce. They had come each to seek the committal of the other for alleged perjury and otherwise, but those applications were not being pursued.
Held: The father’s remaining applications were dismissed as being attempts to relitigate and as without merit. The court went further and made a Grepe v Loam order.

Judges:

Sir James Munby P FD

Citations:

[2015] EWHC 1064 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Grepe v Loam; Bulteel v Grepe CA 1887
The court was asked for an order restricting the right of a group of litigants be restrained from beginning further court actions without first obtaining the court’s consent, they having been accused of issuing vexatious proceedings.
Held: The . .
Cited – Kemmis v Kemmis (Welland and Others Intervening) CA 1988
H had mortgaged the matrimonial home to release funds to support his lifestyle. The bank knew about the family circumstances and the mortgage was set aside at first instance. W applied to have the charge set aside.
Held: The application . .
Cited – Morrow v Morrow 1995
While it may be uncommon, the fact that a claimant stands to inherit whatever may fall into the actual death estate does not preclude an order being made under sections 10 and 2 in her favour. . .
Lists of cited by and citing cases may be incomplete.

Children, Family

Updated: 08 September 2022; Ref: scu.545894

N v N (Child Maintenance): FD 22 Jan 2015

Appeal by the wife against an order dismissing her applications for the determination and enforcement of alleged arrears of child maintenance and for variation of a previous child maintenance order. The basis for the dismissal of enforcement of the alleged arrears of child maintenance was that this issue had been decided against the wife in the Courts of Illinois, USA, and that, for the wife to seek to re-litigate them in this jurisdiction offended the principal of res judicata and/or amounted to an abuse of the process of the court. The dismissal of the application for a variation of child maintenance was on the basis that the application was an abuse and should be struck out under Part 4 of the Family Procedure Rules 2010.

Judges:

Bodey J

Citations:

[2015] EWHC 514 (Fam)

Links:

Bailii

Statutes:

Family Procedure Rules 2010 4

Jurisdiction:

England and Wales

Family, Children

Updated: 08 September 2022; Ref: scu.543960

Re W (Children): CA 22 Aug 2002

Father’s application for permission to appeal, with the appeal to follow if permission is granted, against specific issue orders in relation to the education of three children

Citations:

[2002] EWCA Civ 1411, [2002] 3 FCR 473

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 07 September 2022; Ref: scu.217544

Re Bradford (a Child); Re O’Connell (Children): CA 25 Aug 2006

Without notice oral applications for permission to appeal made by litigants in person are not the stuff of which reserved judgments, law reports or publicity in the media are made.

Judges:

Wall LJ

Citations:

2007] 1 FLR, [2006] EWCA Civ 1199

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Re W (Children), GW (The Father) Litigant in Person CA 26-Jul-2007
The father sought to appeal an order with respect to contact with his children, alleging ‘that the reasons he is not having contact with his children are a combination of maternal deceit, the deliberate alienation of the children from him by their . .
Lists of cited by and citing cases may be incomplete.

Children, Litigation Practice

Updated: 06 September 2022; Ref: scu.244679

LTF v LMF: CA 17 Aug 2006

Application by the father of four children, aged between 7 and 15, for permission to appeal against the decision of a circuit judge who refused to permit him to make an application for the implementation of an order for indirect contact with the children during the currency of an order made by a different judge under section 91(14) of the Children Act 1989

Citations:

[2006] EWCA Civ 1179

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 06 September 2022; Ref: scu.244480

Eliassen and Another v Eliassen and Others: CA 1 Apr 2011

M (British) and F (Norwegian) had their two daughters in Norway. M removed them to England saying that she feared F’s alleged psychological abuse of the children. She now appealed against an order for their return arguing that the exception to the need to make suich an order for cases where the child might be at risk applied here.
Held: The appeal failed.

Judges:

Thorpe, Aikens, Black LJJ

Citations:

[2011] EWCA Civ 361

Links:

Bailii

Statutes:

1980 Hague Convention on the Civil Aspects of Child Abduction

Jurisdiction:

England and Wales

Cited by:

Appeal From – Re E (Children) (Abduction: Custody Appeal) SC 10-Jun-2011
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 . .
Lists of cited by and citing cases may be incomplete.

Children, Human Rights

Updated: 04 September 2022; Ref: scu.431634

Re A and B (Minors: Placement, Faith): Admn 1 Mar 2021

The claimants challenge the decision by the defendant as the relevant local authority to offer respite placement accommodation for the boys in a residential home in the Greater Manchester area, known as Birtenshaw, instead of in an exclusively orthodox Jewish residential home in the London area, known as Bayis Sheli. The claimants contend that if placed in Birtenshaw the boys will be unable to manifest their strict orthodox Jewish faith, whether by complying with kosher dietary laws or by fully observing the Sabbath and other holy days.

Judges:

His Honour Judge Stephen Davies

Citations:

[2021] EWHC 455 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 03 September 2022; Ref: scu.658976

Mercredi v Chaffe: CA 17 Mar 2011

Judges:

Thorpe, Elias LJJ

Citations:

[2011] EWCA Civ 272, [2011] 2 FLR 515, [2011] 2 FCR 177, [2011] Fam Law 584

Links:

Bailii

Statutes:

Hague Convention on the Civil Aspects of International Child Abduction 1980

Jurisdiction:

England and Wales

Citing:

At ECJ – Mercredi v Richard Chaffe (Area of Freedom, Security And Justice) ECJ 22-Dec-2010
ECJ Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Matrimonial matters and parental responsibility – Child whose parents are not married – Concept of ‘habitual residence’ of an infant – . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 03 September 2022; Ref: scu.430645

in re F (A Child) (Interim Care Order): CA 31 Jan 2011

Appeal against dismissal of application for care order. The appellant local authority understood that the court could not allow the appeal, but made it so that it could take the challenge to the Supreme Court in order to attempt to overturn otherwise binding case law.

Judges:

Pill, Wilson, Rimer LJJ

Citations:

[2011] EWCA Civ 258, [2011] 2 FLR 856, [2011] Fam Law 573

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 03 September 2022; Ref: scu.430603

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 by the mother. The mother then repeated the allegations in the contact dispute, and the local authority now sought a care order.

Judges:

Baker J

Citations:

[2009] EWHC 850 (Fam)

Links:

Bailii

Citing:

Cited – Regina v Lucas (Ruth) CACD 1981
People sometimes tell lies for reasons other than a belief that they are necessary to conceal guilt.
Four conditions were identified which must be satisfied before a defendant’s lie could be seen as supporting the prosecution case:-
(1) . .
Cited – 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 . .
Cited – 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 . .
Cited – In re W (Children) (Family proceedings: Evidence) (Abuse: Oral Evidence) SC 3-Mar-2010
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 . .
Cited – In 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 . .
Cited – Leeds City Council v YX (Assessment of sexual abuse) FD 14-Mar-2008
. .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 03 September 2022; Ref: scu.430379

Daniela Lipkowsky And India Dawn McCormack v Germany: ECHR 18 Jan 2011

Citations:

26755/10, [2011] ECHR 276

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Re E (Children) (Abduction: Custody Appeal) SC 10-Jun-2011
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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 03 September 2022; Ref: scu.430101

in Re B (Appeal: Lack of Reasons): CA 2003

Thorpe LJ considered the standard requirfed of a judgment: ‘For my part, I would say that the essential test is: does the judgment sufficiently explain what the judge has found and what he has concluded as well as the process of reasoning by which he has arrived at his findings, and then his conclusions?’

Judges:

Thorpe LJ

Citations:

[2003] 2 FLR 1035, [2003] EWCA Civ 881

Jurisdiction:

England and Wales

Cited by:

Cited – In re O (Children) CA 16-Feb-2011
The family had Nigerian nationality, but the father also had US nationality. After the split, M wanted to live with the children in Nigeria, and F wanted them with him in the US. On M’s visit to the UK from Nigeria with the children, the father . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 02 September 2022; Ref: scu.429651

M, Regina (on the Application of) v Hammersmith and Fulham: CA 5 Jul 2006

The court examined ‘a short but important point on the inter-relationship between the provisions of Part III of the Children Act 1989, headed ‘Local Authority Support for Children and Families’, and the homelessness provisions of Part VII of the Housing Act 1996, in particular sections 188 and 189, headed ‘Interim duty to accommodate”.

Judges:

Walll LJ

Citations:

[2006] EWCA Civ 917, [2007] HLR 6, [2007] BLGR 127

Links:

Bailii

Statutes:

Children Act 1989 20, Housing Act 1996, Homelessness (Priority Need for Accommodation) (England) Regulations 2002

Jurisdiction:

England and Wales

Cited by:

Appeal from – M, Regina (on the Application of) v London Borough of Hammersmith and Fulham HL 27-Feb-2008
M, a girl aged 16 had become estranged from her mother, and sought housing assistance. She was not referred to the authority’s children’s services, and was not housed. The House examined the duties of local authorities under the section towards . .
Lists of cited by and citing cases may be incomplete.

Children, Housing

Updated: 02 September 2022; Ref: scu.242976

W v A: CA 4 Nov 2004

Citations:

[2004] EWCA Civ 1587, [2005] Fam Law 215, [2005] 1 FLR 639

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.

Children

Updated: 02 September 2022; Ref: scu.226837