Category: Children

W, Regina (On the Application of) v Chief Constable Of Kent Police: Admn 6 May 2009

‘The first two claimants – both of whom are children aged 11 – and the third claimant David Morris seek permission to challenge their stop-and-searches under Section 1 of the Police and Criminal Evidence Act 1984 (‘PACE’) on 5 and 6 August 2008. The stop-and-searches took place during a protest held between 3 and 11 August 2008 against the planned development of a coal-fired power station in Kent. The protesters held a Climate Change Camp. The focus was environmental. Environmental protests and other activities were also held at the camp. The police had received intelligence that some protesters were intent on causing damage to the power station. A website connected to the protest stated that ‘the single aim’ of some protesters was to shut down ‘a climate criminal’.’
Roderick Evans J
[2009] EWHC 2264 (Admin)
Bailii
England and Wales

Updated: 30 June 2021; Ref: scu.375173

K v L Re M, N: FC 15 May 2019

Application made by the Father of two young children, aged nearly 5 and 6 to have them live with him or in the alternative spend time with him
[2019 EWFC B50
Bailii
England and Wales

Updated: 20 June 2021; Ref: scu.642793

In re H-M (Children): CA 19 May 2021

This is an appeal from the refusal of an application to reopen findings of fact made in family proceedings. At the end of the appeal hearing , we informed the parties that the appeal would be dismissed.
Lord Justice Peter Jackson
[2021] EWCA Civ 748
Bailii
England and Wales

Updated: 20 June 2021; Ref: scu.662477

S 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 of blood groups has been available since the early part of this century and the progress of serology has been so rapid that in many cases certainty or near certainty can be reached in the ascertainment of paternity. Why should the risk be taken of a judicial decision being made which is factually wrong and may later be demonstrated to be wrong?’
Lord Reid spoke of section 26 of the 1969 Act: ‘That means that the presumption of legitimacy now merely determines the onus of proof. Once evidence has been led it must be weighed without using the presumption as a make-weight in the scale for legitimacy. So even weak evidence against legitimacy must prevail if there is not other evidence to counterbalance it. The presumption will only come in at that stage in the very rare case of the evidence being so evenly balanced that the court is unable to reach a decision on it. I cannot recollect ever having seen or heard of a case of any kind where the court could not reach a decision on the evidence before it.’
and ‘I must now examine the present legal position with regard to blood tests. There is no doubt that a person of full age and capacity cannot be ordered to undergo a blood test against his will. In my view, the reason is not that he ought not be required to furnish evidence which may tell against him. By discovery of documents and in other ways the law often does this. The real reason is that English law goes to great lengths to protect a person of full age and capacity from interference with his personal liberty.’
Lord Hodson, Lord Reid
[1972] AC 24, (1970) FLR Rep 619
Family Law Reform Act 1969 20 26
England and Wales
Cited by:
Cited – London Borough of Lewisham v D and Others FD 29-Mar-2010
Lewisham_dFD10
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 . .

These lists may be incomplete.
Updated: 17 June 2021; Ref: scu.418422

AXA, Regina (on The Application of) v London Borough of Hackney: Admn 19 May 2021

The Claimant sought a mandatory interim injunction requiring Hackney BC to place him in ‘claimed age appropriate accommodation and provide support for his living needs’. He claims that he is 17 years 1 month. The Defendant, the London Borough of Hackney had assessed the Claimant to be aged between the age of 21 and 25 and has declined to provide him with accommodation suitable for a 17-year old.
Mr Justice Garnham
[2021] EWHC 1345 (Admin)
Bailii
England and Wales

Updated: 15 June 2021; Ref: scu.662644

In re Y and K (Children): CA 7 Apr 2003

[2003] EWCA Civ 669, [2003] 2 FLR 273, [2003] Fam Law 554, [2003] 3 FCR 240
Bailii
England and Wales
Cited by:
Cited – In re R (Family dispute: Evidence) CA 17-Jul-2008
The mother had made allegations of domestic violence against the father in her claim for a residence order. She appealed dismissal of the claim, saying that the judge had dismissed the case after hearing the mother’s evidence only on the basis that . .

These lists may be incomplete.
Updated: 14 June 2021; Ref: scu.271058

Bush v Bush: CA 24 Jul 2008

The court accepted jurisdiction over a child habitually resident abroad with the written consent of both parties.
[2008] EWCA Civ 865, [2008] 2 FLR 1437, [2008] 3 FCR 139, [2008] Fam Law 989
Bailii
England and Wales
Cited by:
Cited – In Re I (A Child) SC 1-Dec-2009
The child had been born in Britain to British citizen parents from Pakistan and India. There had been care proceedings, but later and with the court’s consent the father took him to Pakistan undertaking to return him, but then failed to do so. . .

These lists may be incomplete.
Updated: 09 June 2021; Ref: scu.271034

O, Regina (on The Application of) v East Riding of Yorkshire County Council: Admn 11 Mar 2010

The applicant sought judicial review of the decision that having accommodated him at a residential school, the authority was discharged of its duties under the 1989 Act, and that he no longer had ‘looked after’ status.
Cranston J
[2010] EWHC 489 (Admin), [2010] 2 FCR 204, [2010] ELR 318
Bailii
Education Act 1996, Children Act 1989
England and Wales

Updated: 26 March 2021; Ref: scu.402593

Re Ashton: ChD 1897

Stirling J said: ‘Prima facie the duty of making a provision for a child falls on the father, but may fall on or be assumed by some other person. I do not say that in no case and under no circumstances can the duty fall on or be assumed by the mother of the child; but it appears to me that the burden of proving such to be the case lies on those who assert the fact so to be.’
References: [1897] 2 Ch 574
Judges: Stirling J
Jurisdiction: England and Wales
This case cites:

  • Appealed to – Re Ashton CA 1898
    (Reversed) . .
    ([1898] 1 Ch 142)

This case is cited by:

  • Appeal from – Re Ashton CA 1898
    (Reversed) . .
    ([1898] 1 Ch 142)
  • Cited – In Re the Estate of Marjorie Langdon Cameron (Deceased); Peter David Phillips v Donald Cameron and Others ChD 24-Mar-1999
    One of the testatrix’s children was thought to be profligate, and had failed to maintain his own son. Acting under an enduring power of attorney, the testatrix’s attorneys made a substantial gift in establishing an educational trust for that son’s . .
    (Gazette 21-Apr-99, Times 02-Apr-99, Gazette 28-Apr-99)
  • Cited – Re Ware 1926
    No presumption as to any double portion arose in the case of dispositions made in favour of a child by a mother unless she had placed herself in loco parentis to them. In this case there was no evidence of such. . .
    ([1926] KIN 163)
  • Cited – In Re Eardley 1920
    The court considered whether a gift might adeem a gift in a will by ‘by a father or a person in loco parentis’ but ‘the matter must be regarded from a wider point of view’. The rule against double portions is, in effect, no more than one way of . .
    ([1920] 1 Ch 397)

These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.194477

Hewer v Bryant: CA 1970

The parental right to custody is: ‘a dwindling right which the courts will hesitate to enforce against the wishes of the child, and the more so the older he is. It starts with a right of control and ends with little more than advice.’
One facet of the right to custody is the right to refuse consent to the issue of a passport.
As to the case of Agar-Ellis: ‘That case was decided in the year 1883. It reflects the attitude of a Victorian parent towards his children. He expected unreasoning obedience to his commands. If a son disobeyed, his father would cut him off with a shilling. If a daughter had an illegitimate child, he would turn her out of the house. His power only ceased when the child became 21.’
References: [1970] 1 QB 357
Judges: Lord Denning MR, Sach LJ
This case cites:

This case is cited by:

  • Cited – Axon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
    A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
    (, [2006] EWHC 37 (Admin), Times 23-Jan-06, [2006] 2 WLR 1130)

These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.238338

Re T (A Child): CA 4 Mar 2009

Appeal by a local authority against a care order – whether supervision order more appropriate
References: [2009] EWCA Civ 121, [2009] 3 All ER 1078, [2009] 2 FCR 367, [2010] PTSR 615, [2009] 2 FLR 574, [2009] Fam Law 571
Links: Bailii
Judges: Sir Mark Potter P
Jurisdiction: England and Wales

Last Update: 22 September 2020; Ref: scu.322740

Lancashire County Council v A (Burned Child): Admn 24 Apr 2015

References: [2015] EWHC 1156 (Fam)
Links: Bailii
Coram: Duggan HHJ
Ratio: Final hearing of the local authority application for Care and Placement Orders. These applications are granted with no active opposition. The contest was as to the trial of allegations that the child suffered physical abuse and in particular the issue of the identification of the person responsible.

Last Update: 05 March 2017
Ref: 545932

In re JSB; Chief Executive, Ministry of Social Development v S and B; 4 Nov 2009

References: [2010] 2 NZLR 236, [2009] NZHC 2054
Links: Nzlii
Coram: Heath J
Ratio: (New Zealand High Court) The child was alive but severely brain damaged, having been injured by his mother. There was a dispute between his grandparents, who were caring for him, and his birth parents as to the funeral arrangements if he were to die.
Held: Although on the facts before him an order would be premature, a jurisdiction did exist before a child’s death to decide appropriate funeral arrangements after death. However, the court had no jurisdiction to make guardianship orders which would take effect only on death, as on death guardianship responsibilities end: ‘Parens patriae and administration are two manifestations of the inherent jurisdiction. Together, they demonstrate the existence of jurisdiction applying to a continuum, from the beginning of life until after its end. While the former is directed to the living and the latter to the dead, s.16 of the Judicature Act draws no distinction between aspects of the inherent jurisdiction. The existence of the continuum favours this Court’s ability to do such things as are necessary to protect the interests of the living child, after death.
Viewed as a continuum, the inherent jurisdiction covers the very situation that has arisen in this case. Provided that there is justification for the view that an order is required, while JSB is alive, to protect his best interests after death, I hold that the inherent jurisdiction can be used to make such an order. The fact that any order might deal with a topic at the intersection of the two relevant aspects of the inherent jurisdiction is, in my view, irrelevant. The continuum approach militates against a sharp distinction between different aspects of the Court’s jurisdiction. Power to make an order arises from a single source: the inherent jurisdiction.’
This case is cited by:

  • Applied – RE JS (Disposal of Body) FD (Bailii, [2016] EWHC 2859 (Fam), Judiciary)
    JS, a child of 14, anticpating her death from cancer expressed the desire that her body should receive cryonic preservation in the hope that one day a treatment might be available to allow her to be revived, and proceedings were issued. Her parents . .
  • Cited – Takamore v Clarke and others (Nzlii, SC 131/2011, [2012] NZSC 116, [2013] 2 NZLR 733)
    Supreme Court of New Zealand – The deceased was Tuhoe, but had spent the last twenty years of his life in Christchurch with his partner, whom he named his executor in his will. After his death his Tuhoe whanau moved his body to the Bay of Plenty and . .

(This list may be incomplete)
Jurisdiction: New Zealand

Last Update: 19-Nov-16
Ref: 571416