Category: Children

A (A Child : Surrogacy: S54 Criteria): FD 18 Jun 2020

Proceedings concerned with one child A who is 3 years of age. His biological mother is M, the First Applicant, and his biological father is F, the Second Applicant.
A was born as a result of a surrogacy agreement in which his mother’s and father’s gametes were used. The surrogate mother is SM, the First Respondent.
Shortly after A’s birth the mother made an application for him to be made a ward of court. HHJ George confirmed the wardship, granted care and control of A to the mother and made an order preventing the father from removing A from his mother’s care.
The mother made an application for a parental order as a single parent: the surrogate mother and the father were respondents to this application. This was before the amendment of the 2008 Act to permit applications by a single applicant and, therefore the application was stayed. After the provisions of s.54A of the 2008 Act came into effect the stay was lifted.

Judges:

The Hon Mr Justice Keehan

Citations:

[2020] EWHC 1426 (Fam)

Links:

Bailii

Statutes:

Human Embryology and Fertilisation Act 2008

Jurisdiction:

England and Wales

Children

Updated: 03 February 2022; Ref: scu.655254

Sheffield Teaching Hospitals NHS Foundation Trust v AB and Another: FD 16 Jun 2020

Urgent application brought pursuant to the inherent jurisdiction, concerning Z, an infant of 8 weeks of age. The application by the Trust is for a declaration that it is in his best interests to discontinue intensive care and to commence palliative care. This decision is predicated on their conclusion that intensive care is now futile and there are no other procedures or treatments available. Moreover, it is considered that intensive care treatment is now placing an unbearable burden on Z.

Judges:

Mr Justice Hayden

Citations:

[2020] EWHC 1606 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Health

Updated: 03 February 2022; Ref: scu.655262

Kings College Hospital NHS Foundation Trust v Haastrup (Withdrawal of Medical Treatment): FD 29 Jan 2018

Application for permission to withdraw medical treatment of seriously ill child.

Judges:

MacDonal D

Citations:

[2018] EWHC 127 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Kings College Hospital NHS Foundation Trust v Haastrup and Others (No 2) (Permission To Appeal and for Stay) FD 31-Jan-2018
. .
Lists of cited by and citing cases may be incomplete.

Children, Health

Updated: 03 February 2022; Ref: scu.605714

Re PZ (A Child): FD 26 Jul 2021

The Trust sought a declaration that it was in PZ’s best interests for life-sustaining medical treatment to be withdrawn and for a palliative care regime to be implemented.

Judges:

Mrs Justice Theis

Citations:

[2021] EWHC 2294 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Health

Updated: 03 February 2022; Ref: scu.669899

SC v BH: FD 3 Mar 2014

The application before the court is made by the applicant mother for a passport order whereby, in the event that the respondent father enters this jurisdiction from the United States, his passport, together with any passport in ACH’s name, will be seized.

Judges:

Mrs Justice Eleanor King

Citations:

[2014] EWHC 1584 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 03 February 2022; Ref: scu.525851

Oldham Metropolitan Borough Council v GW and others: FD 20 Mar 2007

At the outset of this judgment I must emphasise three very important and essential facts that I find and that are now agreed by all involved:
i) K has never been a victim of non accidental injury
ii) The care of K by his parents is and has always been exemplary
iii) K’s parents and relatives acted promptly and appropriately in obtaining medical treatment for him.
In the reading of complex medical materials these essential facts may become obscured. They should not be forgotten. This is not a case where there is ‘no smoke without fire’, this is a case where a family court and the expert who advised it got it wrong. The parents have no case to answer but their son spent 12 months of his very young life away from their care while the family courts acted to correct the error. K’s parents deserve an explanation as will K when he is older. It is not surprising in these circumstances that there are lessons to be learned.

Judges:

Ryder J

Citations:

[2007] EWHC 136 (Fam), [2007] 2 FLR 597

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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

Children

Updated: 01 February 2022; Ref: scu.253473

Newman v Southampton City Council and Others: FD 5 Aug 2020

Application by a professional journalist who seeks a disclosure order which, if granted, will enable her to see the court file and other materials relating to public law care proceedings which concluded in October 2018.

Judges:

Mrs Justice Roberts

Citations:

[2020] EWHC 2103 (Fam), [2020] 4 WLR 108, [2020] WLR(D) 473

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

See Also – Newman v Southampton City Council and Others (Costs and PTA) FD 5-Aug-2020
. .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 01 February 2022; Ref: scu.655289

WS v KL: FD 25 Sep 2020

Appeal by F against an order by which he granted permission to the respondent mother to remove the children, X and Y, permanently from the jurisdiction of England and Wales to live in the Hong Kong Special Administrative Region of the People’s Republic of China

Judges:

Mrs Justice Knowles

Citations:

[2020] EWHC 2548 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 01 February 2022; Ref: scu.655296

Re L (Third Party Disclosure Order: Her Majesty’s Prison and Probation Service): FD 24 Jan 2022

The central issue within the care proceedings is the potential risk which is posed to the children by having contact with their father given his proven engagement in terrorist activities. Both the mother and the father remain married and ideally wish to live together with the children. The four children currently have supervised contact with their father twice a week while he continues to live in ‘approved premises’. Mr K’s current religious/political ideology will be critical to the assessment of any ongoing risk he may pose to his children.

Judges:

The Honourable Mr Justice Cobb

Citations:

[2022] EWHC 127 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 01 February 2022; Ref: scu.671595

In re K (Children): CA 20 Jul 2011

The father of the children appealed against an order disallowing him any direct contact with his children. He had a long history of sexual offences against children and similar.

Judges:

Mummery, Lloyd LJJ, McFarlane J

Citations:

[2011] EWCA Civ 1064, [2011] Fam Law 1328, [2011] 3 FCR 331

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 31 January 2022; Ref: scu.444597

Re G and M: FD 1 Apr 2014

Application for a parental order concerning twins – international surrogacy arrangement

Judges:

Mrs Justice Theis

Citations:

[2014] EWHC 1561 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 31 January 2022; Ref: scu.525856

Brighton and Hove City Council v PM and Others: CA 12 Jul 2011

Care proceedings were taken in respect of three children. One, a 15 year old girl was pregnant. She refused to allow a DNA test so as to allow the father to be identified. The Council appealed against an order conceding that point.

Judges:

Sir Nicholas Wall P, Patten LJ

Citations:

[2011] EWCA Civ 795

Links:

Bailii

Statutes:

Children Act 1989

Jurisdiction:

England and Wales

Children

Updated: 30 January 2022; Ref: scu.441585

JA (Child – Risk of Persecution : Nigeria): UTIAC 24 Nov 2016

UTIAc A child can be at risk of persecutory harm contrary to the UN Convention on the Rights of the Child in circumstances where a comparably placed adult would not be at such a risk.

Citations:

[2016] UKUT 560 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Children

Updated: 29 January 2022; Ref: scu.573725

MH v KF: FC 21 Sep 2020

The mother sought a Specific Issue Order for the Respondent father to return both children immediately to her care, together with an Order for the delivery up by the father of the passport of one of the children. The mother asserted that the father had retained both children at the conclusion of an agreed period of contact, failing to return them to her care on the agreed date

Judges:

His Honour Judge Middleton-Roy

Citations:

[2020] EWFC B43

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 28 January 2022; Ref: scu.654573

L v M: FD 8 Feb 2019

Application by the father for the return of the parties’ two children, W and F, twins aged 18 months, to the jurisdiction of England and Wales pursuant to the inherent jurisdiction of the High Court.

Lieven J
[2019] EWHC 219 (Fam)
Bailii
England and Wales

Children

Updated: 27 January 2022; Ref: scu.633227