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swarb.co.uk - law indexThese 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. |
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Children - From: 1997 To: 1997This page lists 119 cases, and was prepared on 20 May 2019. A County Council v W and others (Disclosure) [1997] 1 FLR 574 1997 FD Cazalet J Children In the absence of section 12 it would be contempt to disclose matter before a children's court to the General Medical Council. Children Act 1989 12 1 Citers In Re T (Minors) (Termination of Contact: Discharge of Order); CA 1997 - Times, 01 January 1997 In re G (Parentage: Blood Sample) [1997] 1 FLR 360 1997 CA Children 1 Cites 1 Citers Re P (Witness Summons) [1997] 2 FLR 447 1997 CA Children 1 Citers M v M (Abduction: England and Scotland) [1997] 2 FLR 263 1997 CA Butler-Sloss LJ Children, Jurisdiction, Scotland A couple went to live in Scotland with their children. The father was Scottish: the mother English. The mother left the family home and took the children to England without the father's knowledge, and obtained an ex-parte residence order and a prohibited steps order to prevent the father from removing the children. She also issued a divorce petition. The Circuit Judge in England made an ex-parte injunction restraining the father from instituting proceedings in Scotland. The judge decided that England was the appropriate jurisdiction for the divorce proceedings. The father appealed. Held: The court allowed his appeal. The judge had been wrong to decide either that the children had no habitual residence or that they were habitually resident in England. The grant of an injunction was inconsistent with the legislative framework provided by the 1973 Act. Undeer Schedule 1, paragraph 8(1), if a petition was presented in that part of the United Kingdom where parties were habitually resident when they last lived together, then any earlier petition presented in a different part of the United Kingdom by the other party to the marriage had to be stayed in favour of the petition presented in the place where the parties were habitually resident. Parliament not only permitted the father to present his petition in Scotland, but expressly provided that if he did so, the mother's English proceedings should be stayed, and the English court should thereafter have no jurisdiction to make an order under Section 8 of the Children Act 1989 unless it was necessary to do so in order to deal with urgent matters. Domicile and Matrimonial Proceedings Act 1973 1 Citers In re O (Abduction: Consent and Acquiescence) [1997] 1 FLR 924 1997 FD Bennett J Children Hague Convention on the Civil Aspects of International Child Abduction 12 13 1 Cites Re I and E (Residential Assessment Order) Unreported 1997 1997 CA Children, Local Government Gilliat C, the child was the subject of proceedings. There were five other children, the authority had concerns about her abilities, and the father was a Schedule 1 sex offender. Two children exhibited sexualised and abusive behaviour at school. The court had previously ordered removal of the boys for assessment. Further orders were made for the assessment of C. Though that failed, the Judge refused an order to stop the Authority removing C to make an assessment for the final hearing. The mother appealed. Held: The appeal failed. The court would not interfere in the local authority's revised interim care plan to remove C for further assessment. Assessment in the home was not a realistic or viable option. Children Act 1989 38(6) Re M (Residential Assessment Directions); CA 1997 - [1998] 2 FLR 371 Re P (A Minor)(Child Abduction: Non Convention Country) [1997] Fam 45 1997 CA Children The Hague Convention concepts are not to be applied in a non-Convention case. Hague Convention on the Civil Aspects of International Child Abduction 1 Cites 1 Citers A Metropolitan Borough Council v DB [1997] 1 FLR 767 1997 Health, Children 1 Citers Re C (Care Order: Appropriate Local Authority) [1997] 1 FLR 544 1997 Wall J Children, Local Government A local authority which permitted children in care to remain at home with their mother was not providing accommodation within the meaning of section 23(1)(a) of the Children Act 1989 and accordingly section 105(6)(c) did not apply. The court considered a local authority placement with a mother whose classification for the purposes of section 23 is established by subsections (3) and (4) as follows: "(3) Any person with whom a child has been placed under subsection (2)(a) is referred to in this Act as a local authority foster parent unless he falls within subsection (4). (4) A person falls within this subsection if he is: (a) a parent of the child; (b) a person who is not a parent of the child but who has parental responsibility for him; or (c) where the child is in care and there was a residence order in force with respect to him immediately before the care order was made, a person in whose favour the residence order was made." Children Act 1989 23(6) 105(6)(c) 1 Citers In Re S (A Minor)(Abduction: European Convention) Times, 08 January 1997 8 Jan 1997 CA Children 'Rights of custody' under European Convention include custody under Hague Convention. European Convention on the Recognition and Enforcement etc 1999 Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Anita Bradford Raymond Bradford, Simon Bradford (a Minor By His Next Friend Raymond Bradford) (1997) 29 HLR 756; [1997] EWHC Admin 4; (1997) 1 CCLR 294 13 Jan 1997 Admn Kay J Housing, Children, Local Government Section 17(1) imposes an obligation in respect of the needs of an individual child. Children Act 1989 17(1) 1 Citers [ Bailii ] In Re C (Minors) (Care Proceedings: Ordinary Residence); FD 24-Jan-1997 - Times, 24 January 1997 N-P (Minors) [1997] EWCA Civ 852 27 Jan 1997 CA Children [ Bailii ] B (Minors) [1997] EWCA Civ 865 29 Jan 1997 CA Children [ Bailii ] In Re D and H (Minors) (Children In Care: Termination of Contact) Times, 19 February 1997; Gazette, 05 March 1997; [1997] EWCA Civ 953 6 Feb 1997 CA Children The Court was wrong to phase out contact between a child and his mother inconsistently with the Local Authority's plan. Children Act 1989 34(2) [ Bailii ] Sanderson v McManus; HL 6-Feb-1997 - [1997] UKHL 1; 1997 SC (HL) 55 S v P (Contact Application: Family Assistance Order) Gazette, 12 February 1997; Times, 07 February 1997 7 Feb 1997 FD Children It was not proper to require a Local Authority to pay the cost of a child visiting his father in prison. Children Act 1989 16 Regina v Birmingham City Council ex parte 'A' [1997] EWHC Admin 116 10 Feb 1997 Admn Children [ Bailii ] Re D (a Minor) [1997] EWCA Civ 989 11 Feb 1997 CA Children Application for leave to appeal against terms of contact order. [ Bailii ] S v M (Minor: Access Order) (Scotland) Times, 12 February 1997 12 Feb 1997 HL Children, Scotland A party seeking an access order has the onus to show that such contact will be in the child's best interests. There is no rule of law to say that contact will be given. Law Reform (Parent and Child) (Scotland) Act 1986 3(2) In the Matter of Sami Garyaoui and In the Matter of Children Act 1989 [1997] EWCA Civ 1010 13 Feb 1997 CA Children Children Act 1989 [ Bailii ] In Re A-K (Minors)(Foreign Passport: Jurisdiction); CA 18-Feb-1997 - Times, 07 March 1997; [1997] EWCA Civ 1035; [1997] 2 FLR 569 In Re C (Minors) (Care Proceedings: Ordinary Residence); FD 19-Feb-1997 - Gazette, 19 February 1997 Regina v Birmingham City Council Ex Parte A (A Minor); FD 19-Feb-1997 - Times, 19 February 1997 F (a Minor) [1997] EWCA Civ 1044 19 Feb 1997 CA Children [ Bailii ] Re G (Minors) [1997] EWCA Civ 1103 27 Feb 1997 CA Children [ Bailii ] S v H (Abduction: Access Rights) Gazette, 16 April 1997; Times, 10 March 1997 10 Mar 1997 FD Children The Court is to be slow to allow a right of access to be transformed into a custody order by means of the Convention. Hague Convention 1980 LN (a Minor) [1997] EWCA Civ 1234 13 Mar 1997 CA Children [ Bailii ] G (Minors) [1997] EWCA Civ 1263 17 Mar 1997 CA Children Re D (a Minor) [1997] EWCA Civ 1280 19 Mar 1997 CA Children Appeal against refusal of contact order. Hornsby v Greece 18357/91; (1997) 24 EHRR 250; [1997] ECHR 15; [1998] ECHR 26; [1998] ECHR 26; [1997] ECHR 15 19 Mar 1997 ECHR Human Rights, Children Hudoc Violation of Art. 6-1; Preliminary objection rejected; Just satisfaction reserved - Judgment (Just satisfaction) Pecuniary damage - financial award; Non-pecuniary damage - financial award The rights recognised under the Convention must be given effect to by signatory states. 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] H (Minors) [1997] EWCA Civ 1302 21 Mar 1997 CA Children [ Bailii ] In Re C (A Minor) (Medical Treatment: Court's Jurisdiction); Re C (Detention: Medical Treatment); FD 21-Mar-1997 - Gazette, 03 April 1997; Times, 21 March 1997; [1997] 2 FLR 180 In Re O (A Minor) (Witness Sumons) Times, 18 April 1997; [1997] EWCA Civ 1306 21 Mar 1997 CA Litigation Practice, Children A judge may choose whether a witness summons against child is appropriate according to the child's interests. [ Bailii ] W-D (a Minor) [1997] EWCA Civ 1321 24 Mar 1997 CA Children [ Bailii ] Re: J (a Minor) [1997] EWCA Civ 1335 25 Mar 1997 CA Children [ Bailii ] Emmanuel Francis v Wilma May Manning (Formerly Louis) the only feature of the circumstances which had occurred outside England was the transfer of funds to the bank's New York account. 26 Mar 1997 CA Children, Family [ Bailii ] Re H, H v H (Child Abduction: Acquiescence); HL 10-Apr-1997 - Times, 17 April 1997; [1998] AC 72; [1997] 1 FLR 872; [1997] 2 FCR 257; [1997] Fam Law 468; [1997] 2 All ER 225 In Re H and others (Minors); HL 10-Apr-1997 - [1997] 2 FCR 257; [1997] UKHL 12; [1998] AC 72; [1997] 2 All ER 225; [1997] 1 FLR 872; [1997] Fam Law 468 Re: C (a Minor) [1997] EWCA Civ 1384 11 Apr 1997 CA Children [ Bailii ] In re H (Minors) [1997] EWCA Civ 1387 14 Apr 1997 CA Children Mother's appeal against order for contact for child with father. [ Bailii ] Re: C (Minors) [1997] EWCA Civ 1437 17 Apr 1997 CA Children [ Bailii ] Regina v Wellingborough Magistrates' Court ex parte Alan Thomas Monk [1997] EWHC Admin 394 18 Apr 1997 Admn Children, Magistrates [ Bailii ] B (a Minor) [1997] EWCA Civ 1441 18 Apr 1997 CA Children [ Bailii ] In re H (Minors) [1997] EWCA Civ 1447 18 Apr 1997 CA Children Application for care orders. [ Bailii ] In Re P (Minors: Parental Responsibility Order) Times, 24 April 1997 24 Apr 1997 CA Children A court deciding on the grant of a parental responsibility order may look to the criminal conduct of either parent. L and C (Minors) [1997] EWCA Civ 1532 25 Apr 1997 CA Children [ Bailii ] Re: S and C (Minors) [1997] EWCA Civ 1557 29 Apr 1997 CA Children [ Bailii ] In re E (Minors) (Residence Orders: Imposition of Conditions); CA 30-Apr-1997 - Times, 16 May 1997; [1997] EWCA Civ 1566; [1997] 2 FLR 638; [1997] EWCA Civ 3084 In re M (a Minor) [1997] EWCA Civ 1615 2 May 1997 CA Children [ Bailii ] Re P (Minors) [1997] EWCA Civ 1667 9 May 1997 CA Children Children Act 1989 91(14) [ Bailii ] Regina v Birmingham City Council ex parte A [1997] EWCA Civ 1666 9 May 1997 CA Children [ Bailii ] B (a Minor) [1997] EWCA Civ 1672 12 May 1997 CA Children [ Bailii ] A (a Minor) [1997] EWCA Civ 1716 16 May 1997 CA Children [ Bailii ] L (a Minor) [1997] EWCA Civ 1726 16 May 1997 CA Children Child contact sought by father. [ Bailii ] In re H (Minors) [1997] EWCA Civ 1736 19 May 1997 CA Children Care proceedings. [ Bailii ] Re S (Minors) [1997] EWCA Civ 1748 21 May 1997 CA Children [ Bailii ] Re: C and V (Minors) [1997] EWCA Civ 1759 22 May 1997 CA Children [ Bailii ] B v B (Minor: Residence Order) Times, 06 June 1997 6 Jun 1997 CA Potter LJ, Holman J Children The judge should consider the checklist of relevant matters in the statute in a residence application even though no complaint was made by the parties. The use of the checklist can assist a court in obtaining clarity in its reasoning. Thoough an appeal court should be slow to interfere in a judge's decision where his decision had been finely balanced, it was particularly in such cases that judges should set out their judgments more clearly. In this case neither the court nor the parties could discern the reasons behind the judgment, and it could not stand. Whilst the reference to the checklist should not be mechanical, that was not a good reason for not going through it. Children Act 1989 1(3) 1 Cites Regina v London Borough of Lambeth ex parte Caddell Times, 30 June 1997; [1997] EWHC Admin 535; [1998] 1 FLR 253; [1998] Fam Law 20; [1998] 2 FCR 6 9 Jun 1997 Admn Children, Local Government When a child in care attains the age of eighteen, the local authority in whose care the child was before attaining that age, is the one who must provide continuing advice and support. Children Act 1989 24(2) 1 Citers [ Bailii ] In Re M (A Minor) (Contact: Supervision) Times, 10 June 1997 10 Jun 1997 CA Children A father is not to be refused supervised contact only because lifestyle failings make it unlikely that unsupervised contact will follow. H (Minors) [1997] EWCA Civ 1850 12 Jun 1997 CA Children [ Bailii ] Regina v Secretary of State For The Home Department, Ex Parte Venables, Regina v Secretary of State For The Home Department, Ex Parte Thompson; HL 12-Jun-1997 - Gazette, 10 September 1997; [1997] Fam Law 786; [1998] AC 407; [1997] UKHL 25; [1997] 3 All ER 97; [1997] 3 WLR 23; [1997] 2 FLR 471 B (Minors) [1997] EWCA Civ 1860 13 Jun 1997 CA Children [ Bailii ] Re M (Minors) [1997] EWCA Civ 1887 17 Jun 1997 CA Children [ Bailii ] L-N (a Minor) [1997] EWCA Civ 1892 18 Jun 1997 CA Children [ Bailii ] B (a Minor) [1997] EWCA Civ 1916 20 Jun 1997 CA Children, Evidence [ Bailii ] In Re O (A Minor) (Child Abduction: Custody Rights) Times, 24 June 1997; Gazette, 25 June 1997 24 Jun 1997 FD Children The exercise of the full rights and duties of parenthood can give a right of joint custody for the abduction convention purposes. Hague Convention on the Civil Aspects of International Child Abduction 1980 - Hague Convention on the Civil Aspects of International Child Abduction 1980 In Re C and V (Minors) (Parental Responsibility Order); CA 30-Jun-1997 - Times, 30 June 1997 W (Minors) [1997] EWCA Civ 2023 3 Jul 1997 CA Children [ Bailii ] In Re A (A Minor)(Abduction: Non-Convention Country) Times, 03 July 1997 3 Jul 1997 CA Children Court to be satisfied that courts of a non-convention country will take proper care of child before returning him after abduction. Hague Convention on the Civil Aspects of International Child Abduction 1980 E (a Minor) [1997] EWCA Civ 2047 8 Jul 1997 CA Children [ Bailii ] In Re B (A Minor) (Contact: Stepfather's Opposition) Times, 09 July 1997 9 Jul 1997 CA Children An application for contact can be dismissed summarily in appropriate cases. Threats in opposition by stepfather can harm child. A (a Minor) [1997] EWCA Civ 2076 10 Jul 1997 CA Children [ Bailii ] C (Minors) [1997] EWCA Civ 2077 10 Jul 1997 CA Children [ Bailii ] G (Minors) [1997] EWCA Civ 2101 15 Jul 1997 CA Lord Justice Butler-Sloss, Lord Justice Morland Children The court had decided that the care plan proposed for the children should be accepted. This was for a long term placement with foster parents, and in due course, no doubt would lead to adoption. Both parents had suffered psychiatric problems. The mother sought continued contact with the children, with a view to a long term rehabilitation with her. Repeated attempts had been made for this, and there was evidence of psychological abuse. Contact was properly terminated where a permanent placement was anticipated, and continued contact would be disruptive of that process. The order had been made properly, and could not be set aside. Children Act 1989 34 [ Bailii ] A (a Minor) [1997] EWCA Civ 2110 16 Jul 1997 CA Children [ Bailii ] A (a Minor) [1997] EWCA Civ 2136 18 Jul 1997 CA Lord Justice Butler-Sloss, Lord Justice Hutchison, Lord Justice Schiemann Children The applicant sought a writ of habeas corpus in respect of her child who was in the care of a local authority. The child was in their care following a contested care order made by a court. The detention, so far as it was one, was lawful. [ Bailii ] In Re D (A Minor) (Contact Orders: Conditions) Gazette, 23 July 1997 23 Jul 1997 FD Children It ws improper to attach domestic violence type orders to an injunction within Children Act proceedings for contact. Children Act 1989 11(7) B (a Minor) [1997] EWCA Civ 2190 25 Jul 1997 CA Children [ Bailii ] L Father v M Mother [1997] EWCA Civ 2196 25 Jul 1997 CA Children [ Bailii ] B (a Minor) [1997] EWCA Civ 2205 28 Jul 1997 CA Children [ Bailii ] In Re S (A Minor) (Abduction: European Convention); HL 30-Jul-1997 - Gazette, 10 September 1997; Times, 30 July 1997; [1997] UKHL 32; [1998] AC 750; [1997] 4 All ER 251; [1997] 3 WLR 597; [1998] 1 FLR 122; [1997] Fam Law 782; [1997] 3 FCR 293 Dawson v Wearmouth; CA 31-Jul-1997 - Times, 22 August 1997; Gazette, 17 September 1997; [1997] EWCA Civ 2272; [1997] 2 FLR 629; [1998] 1 All ER 271 Re A (a Minor); CA 31-Jul-1997 - [1997] EWCA Civ 2252; [1997] EWCA Civ 2252 Re K and F (Minors) [1997] EWCA Civ 2271 31 Jul 1997 CA Children [ Bailii ] In Re D (A Minor)(Contact Orders: Conditions) Times, 05 August 1997 5 Aug 1997 FD Children Wrong for court to use children case to impose injunctive relief more appropriate to domestic violence cases. Re: C and K (Minors) [1997] EWCA Civ 2295 12 Aug 1997 CA Children [ Bailii ] Re: T (Minors) [1997] EWCA Civ 2299 13 Aug 1997 CA Children [ Bailii ] M (a Minor) [1997] EWCA Civ 2363 24 Sep 1997 CA Children [ Bailii ] B (Minors) [1997] EWCA Civ 2418 6 Oct 1997 CA Children [ Bailii ] S (a Minor) [1997] EWCA Civ 2445 8 Oct 1997 CA Children [ Bailii ] In Re L (Minors) (Sexual Abuse: Disclosure) Times, 09 October 1997; [1998] 1 FCR 258 9 Oct 1997 FD Bennett J Children A judge sitting in a children case has a discretion to order the passing of information about child sex abuse to non-parties, including in this case a different local authority in whose area the father lived. 1 Cites 1 Citers In Re C (a Minor) [1997] EWCA Civ 2473 13 Oct 1997 CA Ward LJ, Vinelott LJ Children Application for leave to appeal was given to a father against an order refusing his objection to the change of his child's surname. [ Bailii ] B (Minors) [1997] EWCA Civ 2475 14 Oct 1997 CA Children [ Bailii ] In the Matter of H (a Minor) [1997] EWCA Civ 2489 15 Oct 1997 CA Children [ Bailii ] B (a Minor) [1997] EWCA Civ 2510 17 Oct 1997 CA Children [ Bailii ] B (Minors) [1997] EWCA Civ 2535 21 Oct 1997 CA Children [ Bailii ] H (Minors) [1997] EWCA Civ 2556 23 Oct 1997 CA Children [ Bailii ] J (a Minor) [1997] EWCA Civ 2557 23 Oct 1997 CA Children [ Bailii ] Michael Walker v Department of Social Security [1997] EWCA Civ 2599 29 Oct 1997 CA Benefits, Children [ Bailii ] W (Minors) [1997] EWCA Civ 2625 3 Nov 1997 CA Children Mother seeking leave to appeal against the dismissal of her application for leave to obtain a psychological report into the condition of her two children. [ Bailii ] A (Minors) [1997] EWCA Civ 2627 4 Nov 1997 CA Children [ Bailii ] In Re S (A Minor) (Child Abduction: Delay); FD 12-Nov-1997 - Times, 20 November 1997; Gazette, 12 November 1997 M (a Minor) [1997] EWCA Civ 2710 13 Nov 1997 CA Children [ Bailii ] Re L (Minors) [1997] EWCA Civ 2714 13 Nov 1997 CA Children [ Bailii ] A (a Minor) [1997] EWCA Civ 2718 14 Nov 1997 CA Children With reluctance the court gave leave to appeal for a prohibited steps order. That was not the correct way of achieving the purpose, but in this case, the best way ahead. [ Bailii ] Regina v Hampshire County Council ex parte H [1997] EWHC Admin 1020; [1999] 2 FLR 359 17 Nov 1997 Admn Children, Local Government 1 Cites 1 Citers [ Bailii ] C (Minors) [1997] EWCA Civ 2783 21 Nov 1997 CA Children [ Bailii ] J (a Minor) [1997] EWCA Civ 2841 27 Nov 1997 CA Children [ Bailii ] In Re C (Minors) (Change of Surname); CA 8-Dec-1997 - Times, 08 December 1997; Gazette, 17 December 1997; [1998] 2 FLR 656 Regina v A M and Related Appeals; CACD 11-Dec-1997 - Times, 11 December 1997 H (Minors) [1997] EWCA Civ 2959 11 Dec 1997 CA Children [ Bailii ] A (A Minor) (No 2) [1997] EWCA Civ 3034 18 Dec 1997 CA Children On an application for leave to appeal in a matter of contact, the judge should not make any order to extend the current contact arrangement. There is no automatic right of appeal to the Court of Appeal on contact matters. The judge's decision was well within the ambit of his discretion, and a court of appeal would not be able to disturb it. [ Bailii ] Re: E (Minors) [1997] EWCA Civ 3074; [1997] EWCA Civ 3074 19 Dec 1997 CA Lord Justice Morritt, Lord Justice Thorpe Children The appellant sought leave to appeal an order regarding access to her children in care. A residential therapeutic assessment had been refused. She sought transfer of the case to the High Court. Held: The application must be refused. The judge considering the matter was experienced and had given it full consideration. The delay involved in a transfer would not be in the children's interests. Children Act 1989 - Children (Allocation of Proceedings) Order 1991 - Practice Direction, Family Division, Distribution of Business [ Bailii ] C (Minors) [1997] EWCA Civ 3056 19 Dec 1997 CA Lady Justice Butler-Sloss, Lord Justice Henry Children, Adoption A court had made an order freeing three siblings for adoption together. The parents accepted that this was inevitable for the two older but not for the third, who was a few months old. An emergency protection order had been obtained on the birth of the last child. The mother suffered depression which was likely to require long term treatment. No order had been made for a further period of assessment. Held: The need for a decision was pressing. There was some need, and the appeal court could not say the decision at first instance was plainly wrong. Appeal dismissed. Children Act 1989 31 [ Bailii ] Re: J (a Minor) [1997] EWCA Civ 3075; [1997] EWCA Civ 3075 19 Dec 1997 CA Lord Justice Morritt, Lord Justice Thorpe Children There had been protracted proceedings for contact with a child. The parents were unmarried. A report recommended different counselling for both parents, but the mother did not co-operate. During supervised contact, the father had taken the child away temporarily, and he sought leave to appeal an order refusing further interim contact. Held: There was evidence of an affectionate relationship between the father and child. Nevertheless the order could not be criticised. That had no implication for the full hearing which was yet to take place. Leave to appeal was refused. [ Bailii ] |
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