Two children were born in Norway to a British mother (M) and Norwegian father (F). Having lived in Norway, M brought them to England to stay, but without F’s knowledge or consent. M replied to his application for their return that the children would be at risk if returned, alleging psychological abuse by F. She … Continue reading Re E (Children) (Abduction: Custody Appeal): SC 10 Jun 2011
(Court of Appeal of New South Wales) Samuels JA discussed the circumstances in which a non-delegable duty of care arises: ‘It arises from a relationship which combines the dependence of A upon the reasonable care, skill and judgment of B with the legitimate expectation that B will ensure that those qualities will be exercised in … Continue reading Ellis v Wallsend District Hospital: 1989
The court upheld the decision of the Common Sergeant, sitting at the Central Criminal Court, that screens should be erected to enable children who had been treated indecently to give evidence screened from the defendant. The judge was required to see that: ‘the system operates fairly; fairly not only to the defendant, but also to … Continue reading Regina v X, Y and Z; Regina v DJX, SCY and GCZ: CACD 1989
CH suffered injury, and a care order was sought, with rehabilitation a possibility. The guardian wanted adoption. In the absence of a paediatric psychiatric report, the judge approved the care plan and gave directions that a child psychiatrist should be informed on placement. The Guardian was not allowed to call his witnesses, and he appealed, … Continue reading Re CH (Care or Interim Care Order): 1998
The defendant said that he had driven recklessly because he was in fear for his life and that of his passenger. Held: The court was bound by Willer to rule that a defence of duress was available. It was convenient to refer to this type of duress as ‘duress of circumstances’. Judges: Woolf LJ Citations: … Continue reading Regina v Conway: 1989
The child was born with Down’s Syndrome and an intestinal blockage. She needed the obstruction to be relieved if she was to survive. If the operation were performed, the child might die within a few months but it was probable that her life expectancy would be 20-30 years. Her parents, having decided that it would … Continue reading In Re B (A Minor) (Wardship: Medical Treatment): CA 1981
Judges: Forbes J Citations: (1998) 1 CCLR 581 Statutes: Children Act 1989 17(1) Cited by: Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003 The applicants sought to oblige the local authority, in … Continue reading Regina v Wigan Metropolitan Borough Council, Ex parte Tammadge: 1998
The court had already made an order about the way in which the health professionals were able to look after a severely disabled baby girl; an injunction was granted prohibiting identification of the child, her parents, her current carers and the hospital where she was being looked after. Although the child herself would know nothing … Continue reading Re C (Wardship: Medical Treatment) (No 2): CA 1989
Citations: [1989] 2 All ER 782, [1989] 3 WLR 240, [1990] Fam 26 Jurisdiction: England and Wales Citing: See also – Re C (Wardship: Medical Treatment) (No 2) CA 1989 The court had already made an order about the way in which the health professionals were able to look after a severely disabled baby girl; … Continue reading In re C (A Minor) (Wardship: Medical Treatment): CA 1989
It was not proper to require a Local Authority to pay the cost of a child visiting his father in prison. Citations: Gazette 12-Feb-1997, Times 07-Feb-1997 Statutes: Children Act 1989 16 Jurisdiction: England and Wales Children Updated: 28 April 2022; Ref: scu.88951
It was no longer appropriate for family courts to hear applications for leave to apply for contact without requiring or allowing attendance of the parties and to make such decisions without recording the reasons. Such an application required the court to weigh the merits of the proposed application, and such a procedure required the parties … Continue reading In Re W (A Minor) (Contact Application Procedure): FD 12 Oct 1999
Once a court has made an order granting care to the local authority, the court no longer has any jurisdiction to make an order to prohibit contact between the child and a parent. The regulations give explicit power to the authority to agree such an arrangement, and therefore any order would be unenforceable. Citations: Times … Continue reading In Re W (A Minor) (Parental Contact: Prohibition): CA 20 Jan 2000
A grandmother must seek leave of the court before applying for contact with a child in the care of the Local Authority. An application should be dismissed it it is frivolous, vexatious or an abuse of process and/or failed to show any reasonable prospect of success. Judges: Ward LJ Citations: Times 21-Apr-1995, [1995] 2 FLR … Continue reading In Re M (Minors In Care) (Contact: Grandmother’s Application): CA 21 Apr 1995
In a disputed contact case, the parties had agreed that their should be monitored interim access, and this was supported by the Court Welfare Officer. The magistrates declined to make an order fearing that this would delay the final order. Held: The Justices had been wrong to refuse to make the order. Delay would principally … Continue reading In Re B (A Minor: Contact Order): FD 8 Apr 1994
The Judge had a discretion to look again at the natural mother’s case before making an adoption order. In order to minimise delay in any case, and to facilitate efficient decision-making, the court could, exercising its wide judicial discretion, consider the application for leave to apply for an order revoking the placement order on a … Continue reading In Re B (Minors) (Contact): CA 3 Feb 1993
A possession order was made because of the misconduct of the tenants and their children. The council made a finding of intentional homelessness, which was upheld by the Court of Appeal. Held: For the purposes of the homelessness legislation, ‘deliberately’ governs only the act or omission and not the homelessness. Judges: Fox LJ and Waller … Continue reading Devenport v Salford City Council: CA 1983
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998
F’s appeal against an order and judgment making findings in care proceedings under Part IV of the Children Act 1989 that the appellant had sexually abused his daughter Citations: [2019] EWCA Civ 206 Links: Bailii Jurisdiction: England and Wales Litigation Practice, Torts – Other Updated: 27 April 2022; Ref: scu.634077
‘The principal issue arising on this appeal in care proceedings concerning a little girl, L, is whether the process by which the recorder reached the conclusion that the threshold criteria under s.31 of the Children Act 1989 were satisfied was fair. The appellant, Z, who is L’s father, contends that certain of the findings made … Continue reading Re L (Fact-Finding Hearing: Fairness): CA 17 Feb 2022
A Local Authority may not take its own financial constraints into account when assessing what was an appropriate education for a child in special needs case. It was wrong to try to turn a statutory duty into a power or a discretion. Ordinarily cost, where relevant, will be a matter to be taken into account … Continue reading Regina v East Sussex County Council Ex Parte Tandy: HL 21 May 1998
A local authority, having once decided that a child was in need of welfare assistance, could not withdraw that, after the mother refused assistance to return to her own country, where the child’s long terms interests could properly be served by such assistance. Citations: Times 31-Dec-1998, Gazette 13-Jan-1999 Statutes: Children Act 1989 Part III Children, … Continue reading Regina v Hammersmith and Fulham London Borough Council ex parte Damoah: QBD 31 Dec 1998
Prior leave applications for contact etc on applications to the court by children should be made to High Court. Citations: Gazette 31-Mar-1993 Statutes: Children Act 1989 10 Children Updated: 09 April 2022; Ref: scu.84960
New procedure for production of time estimates in cases re children. Citations: Times 08-Dec-1993 Statutes: Children Act 1989 Children Updated: 09 April 2022; Ref: scu.84848
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 … Continue reading In Re P (Minors) (Contact): CA 15 May 1996
A failure by a magistrate first to record his reasons in writing before announcing his decision did not vitiate the order made. Much time could be saved by this, and family courts should not get bound up in minor procedural issues. It was within the magistrates’ discretion to order only indirect contact where the mother … Continue reading In Re P (Minors) (Contact: Discretion): FD 9 Sep 1998
Issue of domestic violence is irrelevant as a matter of principle when looking at whether contact should happen; can be dealt with in other ways. Citations: Times 13-Feb-1998 Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 08 April 2022; Ref: scu.82036
Section 31 and its associated emergency and interim provisions comprise the only court mechanism available to a local authority to protect a child from risk. The interpretation of the ‘attributable’ condition adopted by the House of Lords is necessary to avoid the unacceptable consequence that, if the court cannot identify which of a child’s carers … Continue reading Re B (minors) (Care proceedings: practice): FD 1999
Guidance on findings in respect of threshold criteria Judges: McFarlane, Lindblom LJJ Citations: [2018] WLR(D) 370, [2018] EWCA Civ 1282, [2018] 4 WLR 143, [2018] 3 FCR 186 Links: Bailii Statutes: Children Act 1989 31(2) Jurisdiction: England and Wales Children Updated: 26 March 2022; Ref: scu.617327
In Smith, the lender instructed a valuer who knew that the buyer and mortgagee were likely to rely on his valuation alone. The valuer said his terms excluded responsibility. The mortgagor had paid an inspection fee to the building society and received a copy of the report, and relying on it, had bought the house. … Continue reading Smith v Eric S Bush, a firm etc: HL 20 Apr 1989
(Hong Kong) The claimant deposited money with a licensed deposit taker, regulated by the Commissioner. He lost his money when the deposit taker went into insolvent liquidation. He said the regulator was responsible when it should have known of the difficulties. Held: The requirements for a duty of care were a foreseeability of harm, and … Continue reading Yuen Kun-Yeu v Attorney-General of Hong Kong: PC 1987
The taxpayers used schemes to create allowable losses, and now appealed assessment to tax. The schemes involved a series of transactions none of which were a sham, but which had the effect of cancelling each other out. Held: If the true nature of the transactions could be seen by looking at them all together, then … Continue reading W T Ramsay Ltd v Inland Revenue Commissioners: HL 12 Mar 1981
Balance of Interests in peaceful enjoyment claim (Plenary Court) The claimants challenged orders expropriating their properties for redevelopment, and the banning of construction pending redevelopment. The orders remained in place for many years. Held: Article 1 comprises three distinct rules: the first rule, set out in the first sentence of the first paragraph, is general … Continue reading Sporrong and Lonnroth v Sweden: ECHR 23 Sep 1982
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8. Held: The application was dismissed. the court noted that, as society moved towards a more equal sharing of responsibilities … Continue reading Petrovic v Austria: ECHR 27 Mar 1998
Purchas LJ said: ‘the phrase ‘substantial ground for the making of an application for such an order’ is clearly central to the issues in this application . . [i]n particular when the court comes to consider such an application, it will have to take into account under s. 16(1) whether in all the circumstances of … Continue reading Holmes v Holmes: CA 1989
The columnist Nigel Dempster had written that the mother in forthcoming proceedings relating to a child was a bad mother. Held: The article was a contempt of court. Such an allegation required proof to the criminal standard. At common law the publisher had no liability in contempt without knowledge. Contempt applied as regards wards of … Continue reading X v Dempster: FD 9 Nov 1998
Citations: [2020] EWFC B71 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 01 February 2022; Ref: scu.670998
The court considered whether it had the power to make an open ended passport order. Judges: Sir James Munby P FD, Black LJ Citations: [2017] EWCA Civ 69, [2017] WLR(D) 102 Links: Bailii, WLRD Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 31 January 2022; Ref: scu.575336
Judgment on the preliminary issue of whether this court has jurisdiction to hear an application for a child arrangements order under s.8 of the Children Act 1989 when the child and parents concerned all live abroad. [2021] EWFC 105 Bailii England and Wales Jurisdiction, Children Updated: 21 January 2022; Ref: scu.671046
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person whose case falls within the scope of the policy is … Continue reading In Re Findlay, in re Hogben: HL 1985
In the context of an application for a care order the LA now presented a final care plan of permanence away from their birth family by way of adoption and, accordingly, sought placement orders in addition to care orders. Wood HHJ [2014] EWFC B155 Bailii Adoption and Children Act 2002, Children Act 1989 England and … Continue reading Re B (Children): FC 15 Sep 2014
Public law care proceedings [2014] EWFC B170 Bailii Children Act 1989 England and Wales Children Updated: 12 January 2022; Ref: scu.540392
Reasons for directing a re-consideration of findings of fact made within Part IV Children Act 1989 care proceedings, following an investigation into the cause of life-threatening injuries to a 10 month old baby boy. Cobb J [2016] EWHC 326 (Fam) Bailii England and Wales Children Updated: 10 January 2022; Ref: scu.560255
Care proceedings Mr Justice Keehan [2019] EWHC 2369 (Fam), [2019] 1 WLR 6749, [2019] WLR(D) 537, [2019] 3 FCR 742 Bailii, WLRD Children Act 1989 31(2) England and Wales Children Updated: 05 January 2022; Ref: scu.648664
Appeal by a mother against the decision reached at the end of a fact-finding hearing in proceedings under the Children Act 1989 Jackson, Ryder, Bean LJJ [2015] EWCA Civ 992 Bailii England and Wales Children Updated: 04 January 2022; Ref: scu.553239
[2015] EWCA Civ 719 Bailii England and Wales Children Updated: 02 January 2022; Ref: scu.550205
Application by the father for permission to appeal as to whether care orders in respect of the children should be discharged with the result the children could return to live with their father; whether the section 34(4) order should be discharged so that the children could have direct contact with their father; and thirdly, whether … Continue reading Re C (Children Appeal): FC 30 May 2014
‘This appeal concerns the Hague Convention on the Civil Aspects of International Child Abduction. It raises general questions relating to: (1) the place which the habitual residence of the child occupies in the scheme of that Convention, and (2) whether and when a wrongful retention of a child may occur if the travelling parent originally … Continue reading Re C (Children): SC 14 Feb 2018
HHJ Lynn Roberts [2014] EWFC B133 Bailii Children Act 1989 Children Updated: 22 December 2021; Ref: scu.537721
Public Identification of Pedophiles by Police AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought to co-operate in the resettlement of the … Continue reading Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998
The scale of the dampness which had to be endured by a tenant led to constant colds and minor ailments being suffered by the plaintiff and her children who had to live in those unhealthy conditions. Held: The legislature had ‘conspicuously refrained’ from updating the statutory rent limit and it was therefore not for the … Continue reading McNerny v London Borough of Lambeth: CA 1988
Originating summons in the inherent jurisdiction of the High Court asking for an order granting permission to interview two young girls, represented by CAFCASS Legal. The third defendant is the children’s mother, NP. The local authority in which the children and their mother reside, Manchester City Council, has also been represented as an interested party. … Continue reading Greater Manchester Chief Constable v KI and Another (Children) and others: FD 26 Jul 2007
Issue Resolutions Hearing. The local authority having originally sought care orders, the court having seen improvements after considerable support ordered for the children to continue to reside at home. Bond HHJ [2014] EW Misc 2 (CC) Bailii Children Act 1989 Children Updated: 30 November 2021; Ref: scu.521634
The court was asked whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and immediate effect of terminating their solicitor’s retainer. The Costs judge had held that, as a matter of law, a supervening incapacity even if intermittent, automatically frustrates and thereby terminates a contract … Continue reading Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust: QBD 5 Feb 2014
When considering contact applications after domestic violence, the approach should be child centred, and according to the criteria in the Act. The circumstances of the violence should be looked into, and the potentially damaging effect of contact with a violent parent should not be underestimated. The parent’s possible contribution to the child and facing up … Continue reading In Re L (A Child) (Contact: Domestic Violence); In Re V (A Child) (Contact: Domestic Violence); In Re M (A Child) (Contact: Domestic Violence); In Re H (A Child) (Contact: Domestic Violence); In re L, V, M and H (Children): CA 21 Jun 2000
The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009
Defence of Necessity has a Place in Criminal Law The defendant appealed against his conviction for driving whilst disqualified. He said he had felt obliged to drive his stepson to work because his stepson had overslept. His wife (who had suicidal tendencies) had been threatening suicide unless he drove the boy to work, since she … Continue reading Regina v Martin (Colin): CACD 29 Nov 1988
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003
The court considered the approach to be taken when considering whether to order a child’s attendance at court in care proceedings. It was argued that the starting point of assuming that a child should not attend, failed to respect the human right to a fair trial of all concerned. Held: The existing law erects a … Continue reading In re W (Children) (Family proceedings: Evidence) (Abuse: Oral Evidence): SC 3 Mar 2010
The local authority had obtained a care order so that it could inform the three children of the identity of their father’s first marriage, the mother and father being unwilling to make the disclosure. He had been convicted of relatively minor indecent assaults on two children in that first family, but in later therapy sessions … Continue reading In re M (Children): CA 1 Jul 2011
The parties had been a lesbian couple each with children. Each now was in a new relationship. One registered the two daughters of the other at a school now local to her but without first consulting the birth mother, who then applied for residence and or contact. The other mother took the children secretly to … Continue reading In Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner): HL 26 Jul 2006
Three children, after their parents’ separation, spent substantial amounts of time with each, despite the acrimony between their parents and frequent court applications. The father argued that without a shared residence order he was treated as a second-class parent by authorities with whom he had to deal over matters relating to the children. The judge … Continue reading In Re D v D (Children) (Shared Residence Orders): CA 20 Nov 2000
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988
The court was asked as to the extent to which a court, having once declared its decision, could later change its mind. Though this case arose with in care proceedings, the court asked it as a general question. The judge in a fact finding hearing in care proceedings had issued a provisional judgment, but after … Continue reading Re L and B (Children): SC 20 Feb 2013
Not Homeless Even if Accomodation Inadequate The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s decision that they had accommodation. They … Continue reading Regina v Hillingdon London Borough Council Ex parte Puhlhofer: HL 2 Jan 1986
Bingham LJ discussed the nature of frustration of contract: ‘The essence of frustration is that it is caused by some unforeseen supervening event over which the parties to the contract have no control and for which they are therefore not responsible. To say that the supervening event occurs without the default or blame or responsibility … Continue reading Lauritzen A/A v Wijsmuller BV;( ‘The Super Servant Two’): CA 12 Oct 1989
Wife in Occupation had Overriding Interest The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding interest. Held: Her equitable interest was not only … Continue reading Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980
Proceedings for LA to change child’s nationality Two children taken into care were of Indian nationality, though born in the UK. The LA wanted to apply for UK nationality so as to regularise their immigration status. The parents objected. The parents now appealed from rejection of their requests for the discharge of the long standing … Continue reading Y (Children In Care: Change of Nationality): CA 6 Aug 2020
The mother had been, whilst in a previous relationship, involved in care proceedings after the death from physical abuse of her baby. Whilst being severely critical of her, the court had been unable to identify the author of the child’s death. Now, whilst in a later relationship she gave birth to a further child of … Continue reading In re J (Children): SC 20 Feb 2013
This case concerns a claimant with fluctuating capacity to conduct legal proceedings. At a time when she had capacity, she retained a firm of solicitors under a conditional fee agreement. The issue was whether the CFA terminated automatically by reason of frustration when she subsequently lost capacity, so that it did not govern the continued … Continue reading Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust: CA 27 Jan 2015
Single Sex Schooling failed to prepare for life The Chief Inspector appealed from a decision that it was discriminatory under the 2010 Act to educate girls and boys in the same school but under a system providing effective complete separation of the sexes. Held: The action was discriminatory. However, the scheme operated against individuals, both … Continue reading Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School: CA 13 Oct 2017
When a court considered which of two parents might be responsible for a non-accidental injury to their child, what the court cannot do is decide that one parent is the perpetrator but that the other parent cannot be excluded as the perpetrator. Counsel had not brought to the attention of the court when applying for … Continue reading ZM v JM; Re M (children) (fact-finding hearing: burden of proof); In re M (a Child) (Non-accidental injury: Burden of proof): CA 19 Nov 2008
Balance of probabilities remains standard of proof There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having found some evidence to suggest that … Continue reading In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening): HL 11 Jun 2008
A child was found to have bruising consistent with physical abuse. Either or both parents might have caused it, but the judge felt it likely that only one had, that he was unable to decide which, and that they were not so serious that he had to say that the other must have known. Held: … Continue reading In re S-B (Children) (Care proceedings: Standard of proof): SC 14 Dec 2009
The defendant appealed against his conviction for reckless driving (absolute discharge and ten penalty points). He drove his car slowly on the pavement in front of a shopping precinct. He said that this had seemed to him to be the only way in which he could escape from a gang of 20-30 youths who had … Continue reading Regina v Willer (Mark Edward): CACD 1986
An undisclosed principal will not be permitted to claim to be party to a contract if this is contrary to the terms of the contract itself. Thus the provision in the standard form B contract of the London Metal Exchange ‘this contract is made between ourselves and yourselves as principals, we alone being liable to … Continue reading JH Rayner (Mincing Lane) Ltd v Department of Trade and Industry: HL 1989
No General ty of Care Owed by Police The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members of the public who might … Continue reading Hill v Chief Constable of West Yorkshire: HL 28 Apr 1987
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses . .
The plaintiff in civil proceedings had arranged with the police that, if (as happened) the police obtained a search warrant and the claimant obtained an Anton Piller order, they should be executed simultaneously. The court had been informed of the . .
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .
An application was made for a wardship after allegations of child abuse.
Held: The test for evidence of child abuse which is appropriate is the ordinary civil standard of balance of probabilities as applied to the facts of each case.
F’s application for permission to appeal against an order refusing the father’s application for face to face contact with his two children and providing that there should be no direct contact, but he did provide specifically for indirect contact. He . .
A child (aged five) was placed in emergency foster care after his mother was detained in hospital under the Mental Health Act. The mother was then too unwell to discuss section 20. The local authority thought that there was no need to issue care . .
Appeal against an order made after an agreement within the family that the children should live with the paternal grandmother.
Orse In re W (Parental Agreement with Local Authority)
The mother had placed her three children with their . .
(Bermuda) An appeal Court did have jurisdiction to hear an appeal against the discharge of leave to apply for certiorari order, since this was outside scope of the rule in Lane v Esdaille.
Lord Hoffmann said: ‘Nevertheless, the limited nature . .
References: [2014] EWFC B133 Links: Bailii Coram: HHJ Lynn Roberts Statutes: Children Act 1989 Last Update: 24-Apr-16 Ref: 537721
References: [2014] EWFC B170 Links: Bailii Public law care proceedings Statutes: Children Act 1989
References: [2014] EWFC B155 Links: Bailii Coram: Wood HHJ In the context of an application for a care order the LA now presented a final care plan of permanence away from their birth family by way of adoption and, accordingly, sought placement orders in addition to care orders. Statutes: Adoption and Children Act 2002, Children … Continue reading Re B (Children); FC 15 Sep 2014
References: [2014] EWFC B163 Links: Bailii Coram: Eaglestone HHJ Application by the father for permission to appeal as to whether care orders in respect of the children should be discharged with the result the children could return to live with their father; whether the section 34(4) order should be discharged so that the children could … Continue reading Re C (Children Appeal); FC 30 May 2014
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Evidence in Children Act proceedings released for defence in criminal case. Citations: Independent 23-Nov-1993 Statutes: Children Act 1989 98 Jurisdiction: England and Wales Criminal Practice Updated: 09 July 2022; Ref: scu.85802
A confession to a guardian ad litem in care proceedings is confidential to those proceedings. Citations: Times 08-Feb-1995, Independent 03-Feb-1995 Statutes: Children Act 1989 98 Jurisdiction: England and Wales Legal Professions, Children Updated: 29 May 2022; Ref: scu.84512
A court can order mother to send photographs and reports to father to maintain contact. Citations: Ind Summary 26-Jun-1995 Statutes: Children Act 1989 8 11(7) Jurisdiction: England and Wales Children Updated: 21 January 2023; Ref: scu.85843
Judges: Pill, Hooper, Munby LJJ Citations: [2011] EWCA Civ 521, [2011] 3 FCR 208, [2011] Fam Law 791, [2011] 2 FLR 912 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 20 December 2022; Ref: scu.434846
The mother applied for financial provision for her daughter. The father said the court did not have jurisdiction to make an order. An agreement had been reached between them under French law acknowledging F’s paternity and otherwise. Judges: Sir Nicholas wall P Citations: [2010] EWHC 1453 (Fam), [2011] 1 FLR 109, [2010] Fam Law 923 … Continue reading M v V: FD 23 Jun 2010
The defendant ship-owners contracted to lease the ship on charter to the plaintiffs. Before the term, the ship was requisitioned for the war effort. The plaintiffs did not exercise the contractual right given to them to cancel the charterparty. The charterparty embodied no specific date as the date for the initial delivery of the vessel; … Continue reading Bank Line Ltd v Arthur Capel and Co: HL 12 Dec 1918
Judges: Forbes J Citations: [2007] EWHC 514 (Admin) Links: Bailii Statutes: Children (Leaving Care) Act 2000 Jurisdiction: England and Wales Citing: Cited – Regina (Behre and Others) v Hillingdon London Borough Council Admn 29-Aug-2003 Each claimant arrived as an unaccompanied child to claim asylum, and destitute. Assistance was provided under the 1989 Act until they … Continue reading Hillingdon, Regina (on the Application of) v the Secretary of State for Education and Skills: Admn 15 Mar 2007
Discharge of care order is the appropriate procedure not an appeal after very long time. The court considered its approach in admitting new evidence on appeal in family law cases: ‘The willingness of the family jurisdiction to relax the ordinary rules of issue estoppel, and (at the appellate stage) the constraints of Ladd v Marshall … Continue reading Re S (Minors)(Care Order: Appeal); Dyfed County Council v S, Re S (Discharge of Care Order): CA 6 Sep 1995
Application for permission to appeal and for permission to amend his grounds of appeal in relation to a discretionary decision acceding to an application for a common-law stay on the grounds of forum non conveniens. Citations: [2008] EWCA Civ 484 Links: Bailii Statutes: Children Act 1989 Sch 1 14 Jurisdiction: England and Wales Child Support, … Continue reading Cook v Plummer: CA 9 Apr 2008
Citations: [2007] EWCA Civ 697, [2007] Fam Law 797, [2007] 2 FLR 1066 Links: Bailii Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children Updated: 20 December 2022; Ref: scu.270400
Two applications: by a grandmother under section 10(9) Children Act 1989 for permission to apply for either a Special Guardianship Order or a Child Arrangements Order with respect to a child (H) who is seven months old; and an application by the local authority under the inherent jurisdiction for permission not to carry out any … Continue reading A County Council v M and Another: FC 23 Apr 2021
