swarb.co.uk - law index
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Children - From: 1992 To: 1992
This page lists 27 cases, and was prepared on 20 May 2019.
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 A v Director of Public Prosecutions; QBD 1992 - [1992] Crim LR 34
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 Re F (A Minor) (Child Abduction); CA 1992 - (1992) 1 FLR 548
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 S v S (Child abduction) (Child's views); 1992 - [1992] 2 FLR 492
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In Re R (A Minor) (Wardship: Consent to Treatment) [1992] Fam 11
1992
CA
Lord Donaldson of Lymington MR
Children, Health
A doctor may not operate without on a child the consent of the person apparently legally able to give consent: "It is trite that in general a doctor is not entitled to treat a patient without the consent of someone who is authorised to give that consent. If he does so, he will be liable in damages for trespass to the person and may be guilty of a criminal assault."
1 Citers
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 In re W (A Minor) (Wardship: Restrictions on Publication); CA 1992 - [1992] 1 WLR 100
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Re A and W (Minors) (Residence Order Leave to Apply) [1992] 2 FLR 154
1992
Children
1 Citers
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Regina v Gwynedd County Council ex parte B and Another [1992] 3 All ER 317
1992
Children, Wills and Probate
The ambit of the 1980 act does not extend to regulating events arising after a child's death.
Child Care Act 1980
1 Cites
1 Citers
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 Re W (a minor) (medical treatment: courts jurisdiction); CA 1992 - [1993] Fam 64; [1992] 4 All ER 627; [1992] 3 WLR 758
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K v K Gazette, 29 April 1992; [1992] 1 WLR 530
29 Apr 1992
CA
Children
The 'Benefit' of a child included provision for housing; a transfer of joint tenancy was valid.
Guardianship of Minors Act 1991 11B
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Croydon London Borough Council v A and Another Gazette, 29 April 1992
29 Apr 1992
FD
Children
Justices were wrong to make an order without allowing an opportunity for the parties before the court to make representations on the point.
Children Act 1989 8(1)
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Regina v X County Council Gazette, 29 April 1992
29 Apr 1992
FD
Children
Application for secure accommodation order is family proceeding-hearsay admissible.
Children Act 1989 25 92(2)
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 Re W (A Minor) (Residence Order); CA 22-May-1992 - Times, 22 May 1992; [1992] 2 FLR 332
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In Re O (A Minor) Gazette, 03 June 1992
3 Jun 1992
FD
Children, Magistrates
Justices have no power to stay a care order pending an appeal. An application for leave to apply should be made direct to the divisional court.
Children Act 1989 31
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Practice Direction: Appeals From Magistrates Courts Gazette, 10 June 1992
10 Jun 1992
FD
Children
Directions for appeals under Children Act to Family Division.
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B v B Gazette, 17 June 1992
17 Jun 1992
CA
Children
Removal of child from Canada while proceedings were ongoing was unlawful - child returned to Canada.
Hague Convention 1980 3 8
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 In Re J (A Minor) (Medical Treatment); FD 8-Jul-1992 - Gazette, 08 July 1992
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H v Hillingdon London Borough Council Gazette, 15 July 1992
15 Jul 1992
FD
Children
Justices costs award in care proceedings dependent on finding-no assessment basis.
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Re A (Minors) (Abduction: Custody Rights) No 2 Gazette, 29 July 1992; [1992] Fam 106
29 Jul 1992
CA
Balcombe LJ (dissenting)
Children
The mother had wrongfully removed the children from Australia to this country. The father wrote to the mother saying that "I think you know that what you have done is illegal, but I'm not going to fight it" and generally giving the impression that he would regretfully go along with the children's staying permanently with the mother in this country. However he was making arrangements to begin action here. The obligation on a court to order the return of abducted children to their country of origin, was to be relaxed after the court had made a finding of consent on the part of the parent from whom it was claimed the children had been removed.
Child Abduction and Custody Act 1985
1 Citers
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In Re J (A Minor) (Child in Care: Medical Treatment) Gazette, 26 August 1992; [1993] Fam 15
26 Aug 1992
CA
Children, Health Professions
1 Cites
1 Citers
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In Re S (A Minor) Gazette, 02 September 1992
2 Sep 1992
CA
Children
An order for a welfare officer's report to be disclosed set aside.
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F v Kent County Council Gazette, 23 September 1992
23 Sep 1992
FD
Children
Justices were wrong to add a restriction on the making of further applications without allowing the party so restricted to make representations on the point.
Children Act 1989 91(14)
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In Re M (A Minor) Gazette, 28 October 1992
28 Oct 1992
CA
Children
Wardship documents are to be disclosed to parents' advisers for legal action.
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 In Re C (A Minor); FD 28-Oct-1992 - Gazette, 28 October 1992
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 Hertfordshire County Council v W; FD 28-Oct-1992 - Gazette, 28 October 1992
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Re H (A Minor) (Shared Residence) [1994] 1 FLR 717
1 Dec 1992
CA
Purchas LJ
Children
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, as was indicated during the debate on the Bill by the Lord Chancellor. But, at the same time, it must be an order which would rarely be made and would depend upon exceptional circumstances”.
Children Act 1989 11(4)
1 Cites
1 Citers
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 In Re J (A Minor); FD 9-Dec-1992 - Gazette, 09 December 1992
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Josu Miguel Dyaz Garcya v European Parliament T-43/90; [1992] EUECJ T-43/90
18 Dec 1992
ECFI
Children, Benefits
ECJ 1. Under Article 2(4) of Annex VII to the Staff Regulations, the treatment, as a dependent child, of a person whom an official has a legal responsibility to maintain and whose maintenance involves heavy expenditure constitutes an exceptional step. The condition that the official must have a legal responsibility to maintain a person other than a dependent child must for that reason be interpreted strictly. The concept of "a legal responsibility to maintain" used in the Staff Regulations is derived from the legal systems of the Member States, which, under their laws, impose a mutual responsibility to provide maintenance on relatives by blood and/or marriage of a greater or lesser degree of proximity. That concept must therefore be understood as referring exclusively to an obligation maintenance imposed on an official by a source of law independent of the will of the parties and as excluding maintenance obligations of a contractual, moral or compensatory nature. Since neither Community law nor the Staff Regulations provide the Community court with any guide as to how it should define, by way of independent interpretation, the meaning and scope of a legal responsibility to maintain, entitling an official to receive a dependent child allowance under Article 2(4) of Annex VII to the Staff Regulations, it is necessary to determine whether the national legal system to which the official in question is subject imposes such a legal responsibility on the official. 2. The terms of a provision of Community law which makes no express reference to the laws of the Member States for the purpose of determining its meaning and scope must normally be given an independent interpretation, which must take into account the context of the provision and the purpose of the relevant regulations. In the absence of an express reference to the laws of the Member States, the application of Community law may sometimes necessitate a reference to the laws of the Member States where the Community court cannot identify in Community law or in the general principles of Community law criteria enabling it to define the meaning and scope of such a provision by way of independent interpretation. 3. An official has no legitimate interest in the annulment of a decision for breach of procedural requirements where the administration has no scope for the exercise of discretion but is bound to act as it has done. In such a case, the annulment of the contested decision could lead only to the adoption of another decision identical in substance to the decision annulled.
[ Bailii ]
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