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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Children - From: 1996 To: 1996

This page lists 75 cases, and was prepared on 20 May 2019.

 
in Re M (Abduction: Habitual Residence) [1996] 1 FLR 887
1996
CA

Children, International
The court accepted a proposition that one parent with parental responsibility could not achieve a change in the child's habitual residence without the consent of the other parent with parental responsibility.
1 Cites

1 Citers


 
Regina v David D; Phillip J [1996] 1 CAR 455
1996


Criminal Practice, Children
The appellants were convicted by a jury. Subsequently, Connell J heard care proceedings in which he had to consider the same allegations made against the appellants in the criminal trial.
Connell J said: "However, this evidence is not sufficient to satisfy me that he did not commit these offences and the situation in which this court is left is that I do not know whether or not he committed the conspiracy offences although I do know that he has been convicted of them . . it is not my function in any way to act as some form of appellate court from the verdicts of the jury and therefore I must proceed on the basis that Jay did commit the offences of which he has been convicted." The defendant appealed. Held: The court was therefore prepared to "consider" Connell J's judgment in order to examine whether any material in it might throw light on the safety, or otherwise of the convictions. It would or might provide "fresh evidence".

 
Re P (Sexual Abuse: Standard of Proof) [1996] 2 FLR 333
1996
FD
Wall J
Children
Wall J commented on the diffculties arising where an allegation of child abuse remained unresolved on the evidence: "It has also had the effect, in the instant case, of producing the worst of all worlds. The father remains under a cloud. Abuse is not proved on the balance of probabilities, but he remains effectively branded an abuser: as the judge himself said, 'at the very lowest he will remain under suspicion until his daughters are old enough to be able to cope with any risk of abuse themselves'. Furthermore, the mother's beliefs are reinforced. It thus becomes impossible for the parties and the children to put the issue of sexual abuse behind them. The end result is highly unsatisfactory."
1 Citers


 
In re N (section 91(14) order) [1996] 1 FLR 356
1996
FD
Hale J
Children

1 Citers


 
T v W (Contact: Reasons for Refusing Leave) [1996] 2 FLR 473
1996


Children

1 Citers


 
In re L [1996] 2 WLR 395
1996
CA
Ward LJ, Millett LJ
Children
In exercising its jurisdiction under the Act, the court's function is investigative and non-adversarial. Ward LJ: the court had no power to order a residential assessment at a specified place. Millett LJ agreed, but said that a judge could impose "a condition which is consequential upon the giving of directions for a residential assessment under section 38(6) . ."
Children Act 1989 38
1 Citers


 
Re B (Parentage) [1996] 2 FLR 15
1996
FD
Bracewell J
Children, Health, Child Support
A mother applied for financial provision for her twin children under 1989 Act Sch 1. The father asked whether he was their parent within the Schedule. They had been born by artificial insemination. He accepted that he was the donor of the sperm and the biological father, but said that whilst he willingly donated the sperm, by the time the insemination took place he had parted from the mother and was at that stage not asked to consent to the actual insemination. Held: The court considered the effect of the provisions of paragraph the 1990 Act with regard to "receiving treatment services together." On the facts the "father" had gone to the hospital for the beginning of the procedure together with the mother and it was part of a plan in which they were both willing and anxious to produce a child with the father's sperm. Although the father's relationship with the mother had ended by the time the actual insemination was carried out, he was a willing consenting party to the treatment which they had commenced together when the sperm sample was taken and he had not subsequently withdrawn his deemed consent. The exception to the requirement for written consent applied.
Human Fertilisation and Embryology Act 1990 Sch3 5(3) - Children Act 1989 Sch 1
1 Citers


 
Re M (Abduction: Acquiescence) [1996] 1 FLR 315
1996
FD
Thorpe J
Children
After referring to the decisions in Re S and in Re N on the issue of whether a child had a settled residence: "It seems to me that any survey of the degree of settlement of the child must give weight to emotional and psychological settlement, as well as to physical settlement."
1 Cites

1 Citers


 
In re C (Abduction: Consent) [1996] 1 FLR 416
1996
FD
Holman J
Children
The Convention specifically placed the issue of consent within article 13.
Hague Convention on the Civil Aspects of International Child Abduction 12 13
1 Citers


 
Re Z (A Minor) (Freedom of publication) (1996) 1 FLR 19
1996


Children

1 Citers



 
 In Re M (Interim Care Order: Assessment); CA 2-Jan-1996 - [1996] 2 FLR 464; [1996] 3 FCR 137

 
 In Re M (A Minor) (Habitual Residence); CA 3-Jan-1996 - Times, 03 January 1996; Ind Summary, 29 January 1996; [1996] 1 FLR 887
 
Re B (A Minor) Times, 12 January 1996; Ind Summary, 08 January 1996
8 Jan 1996
CA

Children
A County Court does not have a power to accept a mother's undertaking when making a supervision order.
Children Act 1989 31


 
 In Re H (Minors) (Parental Responsibility Order: Maintenance); CA 28-Feb-1996 - Times, 28 February 1996
 
Re M (Child's Upbringing) [1996] EWCA Civ 1320; [1996] 2 FLR 441; [1996] 2 FCR 473
5 Mar 1996
CA

Children

[ Bailii ]
 
In Re H (A Minor)( Blood Tests: Parental Rights) Times, 12 March 1996
12 Mar 1996
CA

Children
Blood tests can be ordered against the express wishes of a mother; an adverse inference can be drawn if the tests are refused.

 
Gateshead Metropolitan Borough Council v B Times, 19 March 1996
19 Mar 1996
FD

Children
'Ordinarily' resident to be read into section determining Local Authority's responsibility.
Children Act 1989 31(8)(a)

 
In Re L (A Minor) (Police Investigation: Privilege) Times, 22 March 1996; Gazette, 24 April 1996; [1997] 1 AC 16
22 Mar 1996
HL
Lord Jauncey of Tullichettle, Lord Lloyd of Berwick, Lord Steyn
Legal Professions, Children
A report obtained for Children Act proceedings has no privilege against use in evidence. Such proceedings are in the nature of inquisitorial proceedings. Litigation privilege was not applicable in care proceedings and a report prepared may be given to the police. Litigation privilege is essentially a creature of adversarial proceedings and thus cannot exist in the context of non-adversarial proceedings. (Lord Mustill and Lord Nicholls of Birkenhead dissenting).
Children Act 1989 Part IV
1 Cites

1 Citers


 
In Re N (A Minor) (Child Abuse: Evidence) Times, 25 March 1996
25 Mar 1996
CA

Children, Evidence
Expert's assessment of child's video evidence does not include that expert's judgment of the truth of the contents.

 
In Re D (Minors) (Residence: Imposition of Conditions) Times, 11 April 1996
11 Apr 1996
CA

Children
Residence order conditions wrong to stop mother living with whom she wanted.
Children Act 1989 11(1)

 
McLavey v Secretary of State for Social Security and Another Times, 10 May 1996
10 May 1996
CA

Benefits, Children
No child benefit was payable in respect of a child who was in the voluntary care of the Local Authority.
Children Act 1989 20 - Social Security Contributions and Benefits Act 1992

 
In Re P (Minors) (Contact) Times, 15 May 1996
15 May 1996
CA
Hirst LJ, Wall LJ
Children
The father appealed an order refusing him direct contact with the child. The judge had made the order because he considered that the mother's hostility to contact made it likely that her health would suffer if contact was ordered, and that the children's health would suffer in turn. Held: The appeal was allowed. Stopping a father's contact with his child because of the mother's hostility was wrong if there was no proof of real harm to the child. The evidence in this case did not justify a finding that contact with the father would put the children at serious risk of major emotional harm.
Children Act 1989 1(1)
1 Cites



 
 In re M and R (Child abuse: Expert Evidence); CA 21-May-1996 - [1996] 2 FLR 195; [1996] 4 All ER 239; [1996] EWCA Civ 1317; [1996] Fam Law 541; [1996] 2 FCR 617
 
P-B (a Minor) (child cases: hearings in open court) [1996] EWCA Civ 510; (1997) 1 All ER 58; [1996] 2 FLR 765
20 Jun 1996
CA
Butler-Sloss LJ
Children, Human Rights
The applicant sought to have his application for a residence order heard in open court: "Article 6 (1) provides for the public hearing and the public pronouncement of judgment of cases, but with the proviso of exclusion of the press and the public from all or part of the trial "in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require. The right of freedom of expression contained in Article 10(1) is subject to formalities, conditions, restrictions or penalties which may be imposed by the member state under Article 10(2). It would seem to me that the present procedures in family proceedings are in accordance with the spirit of the Convention."
European Convention on Human Rights 6(1)
1 Cites

1 Citers

[ Bailii ]

 
 In Re M and R (Minors); CA 1-Jul-1996 - Times, 01 July 1996
 
Brixey v Lynas 1996 SLT 908; 1996 SC (HL) 1; [1996] UKHL 17
2 Jul 1996
HL

Scotland, Children
Delay after a hearing will increase the reluctance of an appellate court to interfere with the decision of a court on the evidence.
1 Cites

1 Citers

[ Bailii ]
 
Re C (Disclosure) Gazette, 17 July 1996; [1996] 1 FLR 797
17 Jul 1996
FD

Children, Legal Professions
A disclosure to a solicitor, necessarily requires allowance of disclosure of the same material to his client.

 
In Re P (A Minor)(Abduction) Times, 19 July 1996
19 Jul 1996
CA

Children
Child abducted to United Kingdom from a non-convention country; the Child's welfare was still the paramount consideration.
Hague Convention on the Civil Aspects of International Child Abduction 1980

 
E (a Minor) [1996] EWCA Civ 528
23 Jul 1996
CA

Children

[ Bailii ]
 
In Re R (A Minor) Times, 23 July 1996
23 Jul 1996
CA

Children
A father applying for leave to apply for contact after being made subject to an order requiring this as a first step must show that he had and arguable and serious case.

 
R and S (Minors) [1996] EWCA Civ 530
23 Jul 1996
CA

Children
Application for leave to appeal against interim care order.
[ Bailii ]
 
In an Application for Leave To Appeal and Extension of Time In Re R (Minors) [1996] EWCA Civ 551
30 Jul 1996
CA

Children

[ Bailii ]
 
In an Application for Leave To Appeal and Extension of Time In Re R (a Minor) [1996] EWCA Civ 550
30 Jul 1996
CA

Children

Children Act 1989 91
[ Bailii ]
 
In an Application for Leave To Appeal Re G (Minors) [1996] EWCA Civ 559
31 Jul 1996
CA

Children
Challenge to order allowing removal of children to live in Jersey.
[ Bailii ]
 
Johansen v Norway 17383/90; (1997) 23 EHRR 33; [1996] ECHR 31
7 Aug 1996
ECHR

Human Rights, Children, Adoption
The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents' wishes. Held: Particular weight should be attached to the best interests of the child, which may override those of the parent: 'These measures were particularly far-reaching in that they totally deprived the applicant of her family life with the child and were inconsistent with the aim of reuniting them. Such measures should only be applied in exceptional circumstances and could only be justified if they were motivated by an overriding requirement pertaining to the child's best interests.'
European Convention on Human Rights
1 Citers

[ Bailii ] - [ Bailii ]
 
H v H (Child Abduction: Acquiescence) Gazette, 25 September 1996; Times, 14 August 1996
14 Aug 1996
CA
Stuart-Smith, Waite and Otton L.JJ
Children
The parents were orthodox Jews. The mother brought the children to England, and resisted an order for their return, saying the father had delayed in bringing the proceedings. Held: A parent must act quickly in cases of child abduction in order to avoid a finding that he or she has been acquiescent in the abduction. "The phrase 'subsequently acquiesced in the removal or retention' has been elaborated in England by case law. The governing authorities are In re A. (Minors) (Abduction: Custody Rights) [1992] Fam. 106, In re A. Z. (A Minor) (Abduction: Acquiescence) [1993] 1 F.L.R. 682 and In re S. (Minors) (Abduction: Acquiescence) [1994] 1 F.L.R. 819. Their general effect, to summarise it shortly, is as follows. In order to establish acquiescence by the aggrieved parent, the abducting parent must be able to point to some conduct on the part of the aggrieved parent which is inconsistent with the summary return of the child to the place of habitual residence. 'Summary return' means in that context an immediate or peremptory return, as distinct from an eventual return following the more detailed investigation and deliberation involved in a settlement of the children's future achieved through a full court hearing on the merits or through negotiation. Such conduct may be active, taking the form of some step by the aggrieved parent which is demonstrably inconsistent with insistence on his or her part upon a summary return; or it may be inactive, in the sense that time is allowed by the aggrieved parent to pass by without any words or actions on his or her part referable to insistence upon summary return. Where the conduct relied on is active, little if any weight is accorded to the subjective motives or reasons of the party so acting. Where the relevant conduct is inactive, some limited enquiry into the state of mind of the aggrieved parent and the subjective reasons for inaction may be appropriate." The father had acted entirely properly within the tenets of his faith in not taking Convention proceedings until authorised by his Beth Din, but: ". . . That is beside the point, however, when it comes to a consideration of the objective inferences to be drawn from the fact that he took active steps towards a settlement or adjudication of the matrimonial differences through the medium of the Beth Din, and persisted in those steps for many months, without making any overt statement that he was insisting upon the summary (as opposed to the eventual) return of the children."
Hague Convention on the Civil Aspects of International Child Abduction 1980 813
1 Cites

1 Citers


 
Re A (a Minor) [1996] EWCA Civ 593
28 Aug 1996
CA

Children

[ Bailii ]
 
In re S (Minors) [1996] EWCA Civ 596
29 Aug 1996
CA

Children

[ Bailii ]
 
Logan v United Kingdom 24875/94
6 Sep 1996
ECHR

Human Rights, Children
The complaint was that the mandatory child support payments meant that the father could not visit his children as often as he was entitled under the court's order to do. The complaint of a direct breach of article 8 failed because he could not show that the impact upon his family life was sufficiently grave, but in another case it might have been.
European Convention on Human Rights
1 Citers



 
 In Re S (Minor)(Care Order; Split Hearing); FD 17-Sep-1996 - Times, 17 September 1996
 
B (Minors), B v B [1997] 2 FCR 518; [1996] EWCA Civ 608; [1997] Fam Law 236; [1997] 1 FLR 139
25 Sep 1996
CA
Butler-Sloss, Waite LJJ
Children
Appeal by a father from a residence order
[ Bailii ]
 
In Re C (A Minor) (Local Authority: Assessment) Times, 03 October 1996; [1996] EWCA Civ 619
30 Sep 1996
CA

Children
A Local Authority cannot be obliged to bear the cost of an assessment of a family in residential care.
Children Act 1989 39 38(6)
[ Bailii ]
 
B (Minors) [1996] EWCA Civ 624
2 Oct 1996
CA

Children

[ Bailii ]
 
Rose Ellen Lee v Patrick Joseph Curran [1996] EWCA Civ 656
3 Oct 1996
CA

Family, Children

[ Bailii ]
 
Re: H (Minors) [1996] EWCA Civ 662
4 Oct 1996
CA

Children

[ Bailii ]
 
L (a Minor) [1996] EWCA Civ 685
9 Oct 1996
CA

Children
Application by grandfather for contact.
[ Bailii ]
 
B v B (Child Orders: Restricting Applications) Times, 14 October 1996
14 Oct 1996
CA

Children
The court's power to restrict a party's right to apply withg regard to their children is to be used sparingly.
Children Act 1989 91(14)

 
G (Minors) CA Civ 710
14 Oct 1996
CA

Children, Adoption
The father sought contact with his children who had been taken into care, and an extension of time with respect to an order freeing them for adoption. He had a history of sexual abuse of children, and some lesser abuse of his own children, and was listed as a schedule 1 offender. A respected psychiatrist supported him, because of his devotion to the children and their close bond with him. Leave was refused.
[ Bailii ]
 
In Re C (A Minor) (Care Proceedings: Disclosure); Re EC (Disclosure of Material) Times, 22 October 1996; [1997] Fam 76; [1996] 2 FLR 725
22 Oct 1996
CA

Children, Police
Guidance was to the courts on disclosure of care proceedings statements etc to police. But for section 12 it would have been contempt of court to have disclosed to the police matters before the children's court.
Children Act 1989 12 98
1 Citers



 
 In Re C (A Minor) (Local Authority Assessment); CA 23-Oct-1996 - Gazette, 23 October 1996

 
 In re T (a Minor); CA 24-Oct-1996 - [1997] 1 WLR 242; [1996] EWCA Civ 805

 
 In Re T (A Minor) (Wardship: Medical Treatment); CA 24-Oct-1996 - Times, 28 October 1996; Gazette, 13 November 1996; [1997] 1 FLR 502; [1997] 1 WLR 242; [1997] 8 Med LR 166; (1997) 35 BMLR 63; [1997] 1 All ER 906; [1997] 2 FCR 363
 
Re F (Minors) [1996] EWCA Civ 803
24 Oct 1996
CA

Children
Appeal against contact order - judge's discretion not to be interfered with - concern at grant of leave to appeal.
[ Bailii ]
 
Re B (Minors) [1996] EWCA Civ 802
24 Oct 1996
CA

Children
Private fostering arrangement.
[ Bailii ]
 
In re S (Minors) [1996] EWCA Civ 818
28 Oct 1996
CA

Children

[ Bailii ]
 
C (Minors) [1996] EWCA Civ 828
30 Oct 1996
CA

Children

[ Bailii ]
 
In re K (Minors) [1996] EWCA Civ 866
1 Nov 1996
CA

Children

[ Bailii ]
 
M (a Minor) [1996] EWCA Civ 868
1 Nov 1996
CA

Children

[ Bailii ]
 
P (a Minor) [1996] EWCA Civ 934
12 Nov 1996
CA

Children

[ Bailii ]
 
Re R (a Minor) [1996] EWCA Civ 947
13 Nov 1996
CA

Children

[ Bailii ]
 
Re: H (Minors) [1996] EWCA Civ 948
13 Nov 1996
CA

Children

[ Bailii ]
 
S (Minors) [1996] EWCA Civ 949
13 Nov 1996
CA

Children

[ Bailii ]
 
B (Minors) CA Civ 1030
25 Nov 1996
CA

Children

[ Bailii ]
 
In Re O (A Minor) (Costs:Liability of Legal Aid Board); orse Re O (A Minor) (Legal Aid Costs) Times, 25 November 1996; [1996] EWCA Civ 936; [1997] 1 FCR 159
25 Nov 1996
CA

Legal Aid, Children
Grandparents should have conceded at an early stage in the Court of Appeal that an order made by the judge in proceedings relating to their grandchild had been made without jurisdiction. Held: The court considered the procedures for applying for costs for an unassisted party in children proceedings.
Legal Aid Act 1988
1 Citers

[ Bailii ]
 
C-H (a Minor) (care or interim order) [1996] EWCA Civ 1037
26 Nov 1996
CA

Children

1 Citers

[ Bailii ]
 
B (Minors) [1996] EWCA Civ 1045
27 Nov 1996
CA

Adoption, Children
The case concerned applications for care orders. Four young girls would be separated from their elder sister and their mother, who sought interim contact. The judge disagreed with the care plan proposed by the local authority. His powers were, either to allow the care order and submit them to the care plan, or to refuse the care order, and have them with a possibly inappropriate carer. The local authority had since concluded that adoption would no longer succeed. A placement with a foster family might allow renewed contact, once the issue of care order came back to court, it was for the judge to settle the issue of contact. That is what the court should consider once a placement had been found.
1 Cites

[ Bailii ]
 
In Re C (A Minor) (Interim Care Order: Residential Assessment) Times, 29 November 1996; [1996] UKHL 4; [1997] AC 489; [1996] 4 All ER 871; [1997] 1 FLR 1; [1997] Fam Law 228; [1997] 1 FCR 149; 95 LGR 367
29 Nov 1996
HL
Lord Browne-Wilkinson, Lord Griffiths, Lord Lloyd of Berwick, Lord Nicholls of Birkenhead, Lord Hope of Craighead
Children, Local Government
The parents were suspected of causing the child non-accidental injury. The court wanted a residential assessment of the family, but the local authority refused, saying it would be too expensive, and would expose the child to continuing risk. The judge made an interim care order and gave an order for a residential assessment. The parents now appealed the decision of the Court of Appeal reversing that order. Held: The parents' appeal succeeded. An order for an assessment of a child together with the child's family in a residential unit was within the power of the court assessing the need for a care order, and the court had power to override the authority's objections if that was required to make its own decision. The section is to be given a wide reading, and the Act read purposively. Sections 38 (6) and (7) were not restricted to medical and psychiatric assessment alone. It was clear from the Act that “any other assessment” of the child could be ordered. This could cover an assessment of the interaction between the child and parent. Though the the court may not order a child or a parent to participate in an assessment under s 38(6) it can override the powers the Local Authority.

Lord Browne-Wilkinson: “This broad approach is supported by consideration of s 38(7) which does not appear to have been drawn to the attention of the Court of Appeal either in Re M or in the present case. Subsection (7) confers on the court the power to prohibit an examination or assessment which the local authority is proposing to make. It is manifestly directed to the type of conduct by social services revealed by the Cleveland Inquiry, ie repeated interviews and assessments of the child and his parents which are detrimental to the child. This negative control by the court cannot have been intended to be limited to cases where the child, and only the child, is to be assessed. If it is to be fully effective to prevent damage to the child, the power under s 38(7) must also extend to cases where it is proposed to assess the relationship between the parents and the child.” and "… it is impossible to assess a young child divorced from his environment. The interaction between the child and his parents or other persons looking after him is an essential element in making any assessment of the child."
Children Act 1989 38(6) 38(7)
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
Re: C and V (Minors) [1996] EWCA Civ 1121
5 Dec 1996
CA

Children

[ Bailii ]
 
R v R (Costs: Child Case); In re R (a Minor) [1997] 1 FCR 613; [1997] 2 FLR 95; [1996] EWCA Civ 1120; [1997] Fam Law 391
5 Dec 1996
CA
Hale J, Staughton LJ
Costs, Children
The court analysed the reasons why costs orders were generally not made in cases involving children.
1 Citers

[ Bailii ]
 
In Re M (A Minor) (Care Orders: Jurisdiction) Gazette, 05 February 1997; Times, 10 December 1996
10 Dec 1996
FD

Children
Care orders etc may be made for any child within the jurisdiction wherever in fact they are resident.
Children Act 1989 Part IV Part V - Children Act 1989 Part IV Part V

 
B (a Minor) [1996] EWCA Civ 1169
11 Dec 1996
CA

Children

[ Bailii ]
 
In Re B (Care Proceedings: Issue Estoppel) Times, 16 December 1996
16 Dec 1996
FD

Children
Issue estoppel was to be applied only with great care in children proceedings.

 
Regina v Justices of Luton Family Proceedings Court; Her Honour Judge Pearce of Luton County Court; Director of Social Services of Bedfordshire County Council ex parte Abdul Rahman and Azra Bi [1996] EWHC Admin 368
16 Dec 1996
Admn
The Master Of The Rolls (Lord Woolf) Lord Justice Aldous Lord Justice Chadwick
Legal Professions, Costs, Children
In the course of urgent children proceedings, counsel advised solicitors inappropriately to seek judicial review of a court decision. The application was persisted with despite warnings from the respondents that they intended to seek a wasted costs order against the solicitor and counsel personally. Such an order was made, and appealed. Held: The proposition that a solicitor who acts on counsel's advice must bear responsibility for that advice in all circumstances cannot be supported. Earlier orders had not been entirely correctly obtained. The local authority had made a decision which would have made any proceedings unnecessary, but did not communicate it to the solicitors. The order against the solicitor could not stand. Similarly the procedure for claiming an order against counsel had not been followed. Both orders were set aside.
Supreme Court Act 1981 51 - Courts and Legal Services Act 1990 4
1 Cites

[ Bailii ]
 
M (Minors) [1996] EWCA Civ 1232
17 Dec 1996
CA

Children

[ Bailii ]
 
M (Minors) [1996] EWCA Civ 1267
19 Dec 1996
CA

Children

[ Bailii ]
 
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