Search Results for: Children

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In re H (Children): CA 2003

The maternal grandmother sought permission to intervene in care proceedings to put herself forward as the carer of her young grandchild. The local authority and the guardian objected to the intervention. The judge had refused it. The grandmother appealed. Held: The appeal was allowed. When considering such an application for leave to make an application … Continue reading In re H (Children): CA 2003

In re S (Children) (Child abduction: Asylum appeal): FD 24 Apr 2002

The mother had applied here for asylum. Her application had been refused but was subject to appeal. The father in India sought the return of the children on the basis that they had been removed from a Convention country which was their habitual residence, and against his will as their father. The mother applied for … Continue reading In re S (Children) (Child abduction: Asylum appeal): FD 24 Apr 2002

A Father (Mr A) v A Mother (Mrs A); Their Two Children (B And C): FD 4 Feb 2004

After a divorce, the father sought a joint residence order for the two young children. The mother alleged sexually inappropriate behaviour by the father. The court found this allegation clearly untrue. The dispute was bitter and protracted. Judges: Mr Justice Wall Citations: [2004] EWHC 142 (Fam) Links: Bailii Jurisdiction: England and Wales Citing: Cited – … Continue reading A Father (Mr A) v A Mother (Mrs A); Their Two Children (B And C): FD 4 Feb 2004

In re S (Children) (Child abduction: Asylum appeal): CA 28 May 2002

The appellant was the mother of a child, who was claiming asylum. The father sought the return of the child to India, claiming he had been abducted by the mother. She said that whilst her claim for asylum was extant, the court must not allow her or the child to be removed. Held: India was … Continue reading In re S (Children) (Child abduction: Asylum appeal): CA 28 May 2002

In re H and A (Children) (Paternity: Blood Tests): CA 21 Mar 2002

The right to know one’s parentage and identity is a fundamental part of private life. Thorpe LJ said: ‘first, that the interests of justice are best served by the ascertainment of the truth and secondly, that the court should be furnished with the best available science and not confined to such unsatisfactory alternatives as presumptions … Continue reading In re H and A (Children) (Paternity: Blood Tests): CA 21 Mar 2002

R (Children) v R (Children): CA 7 Dec 2001

The parents sought defined contact arrangements after a divorce, with differing proposals. It was said that the father had been unable to move on following the relationship breakdown, and the mother sought a condition on contact that the father receive psychiatric assessment. The father came to reject the judge’s independence. The court made contact orders … Continue reading R (Children) v R (Children): CA 7 Dec 2001

The Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others: ECJ 4 Oct 1991

Europa A national court or tribunal is not empowered to bring a matter before the Court by way of a reference for a preliminary ruling under Article 177 of the Treaty unless a dispute is pending before it in the context of which it is called upon to give a decision which could take into … Continue reading The Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others: ECJ 4 Oct 1991

Regina (R and Others, Minors) v Children and Family Court Advisory and Support Service; Regina (P, a Minor) v Same: QBD 17 Jan 2003

The Act established the respondent (Cafcass) with a duty to provide officers to take appointment as guardian’s in proceedings involving children. Complaint was made that they did not provide such officers immediately upon request. Held: The point applied to all situations where the Service was called upon to provide an officer. The argument advanced that … Continue reading Regina (R and Others, Minors) v Children and Family Court Advisory and Support Service; Regina (P, a Minor) v Same: QBD 17 Jan 2003

A B and others v Liverpool City Council; Nugent Care Society (Formerly Catholic Social Services [Liverpool]) and Trustees of National Children’s Home and Orphanage Registered: CA 15 Jun 1998

Citations: [1998] EWCA Civ 1000 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – McDonnell and Another v Walker CA 24-Nov-2009 The defendant appealed against the disapplication of section 11 of the 1980 Act under section 33. Held: The appeal succeeded. The defendant had not contributed significantly to the delay: ‘the defendant received claims … Continue reading A B and others v Liverpool City Council; Nugent Care Society (Formerly Catholic Social Services [Liverpool]) and Trustees of National Children’s Home and Orphanage Registered: CA 15 Jun 1998

In re M (Children) (Contact: Long term best interests): CA 21 Jun 2005

The parents had separated, but the children lived with the father. The mother had sought contact. The father was said to have poisoned the minds of the children against the mother, who now appealed an interim order which made no provision for contact. Held: It would clearly be in the long term interests of the … Continue reading In re M (Children) (Contact: Long term best interests): CA 21 Jun 2005

In re M (Children) (Care order: Removal): CA 3 Nov 2005

The parents appealed an interim care order. Held: The court making such a decision must balance not only the danger to te child proposed by the local authority, but also the damage which would be caused by separating the child from the parents. The parents had not been given an opportunity to cross examine the … Continue reading In re M (Children) (Care order: Removal): CA 3 Nov 2005

In re W (Children: Removal into Care): CA 4 May 2005

Parents complained of an infringement of their human rights when their children were taken into care. The care orders had been made by consent in early 2004, under which the children were to stay at home. The parents failed to comply with conditions attached and in May 2004, the authority gave notice that it would, … Continue reading In re W (Children: Removal into Care): CA 4 May 2005

Children and Family Court Advisory and Support Service (Decision Notice): ICO 15 Dec 2008

The complainant requested copies of all papers listed as having been discussed at the 8 September 2006 board meeting of the public authority. The public authority refused the request, with the exemptions provided by sections 36(2)(b)(i) and (ii) and 36(2)(c) (prejudice to the effective conduct of public affairs), 40(2) (personal information) and 44(1)(a) (statutory prohibition) … Continue reading Children and Family Court Advisory and Support Service (Decision Notice): ICO 15 Dec 2008

In re G (Children) (Removal from jurisdiction): CA 26 Jan 2005

The mother sought to be allowed to move to Argentina with the two children of the family. The judge had found that she had lived her adult life in England and was resilient. Though refusal would cause her disappointment, it would not cause her psychiatric damage. Held: The judge had applied the wrong test. She … Continue reading In re G (Children) (Removal from jurisdiction): CA 26 Jan 2005

Cornerstone (North East) Adoption and Fostering Services Ltd, Regina (on The Application of) v HM Chief Inspector of Education, Children’s Services and Skills (OFSTED): CA 24 Sep 2021

The Court was asked whether it was lawful for Cornerstone only to accept heterosexual evangelical Christians as potential carers. Ofsted considers that it is unlawful and, in a report issued in draft it assessed the effectiveness of Cornerstone’s leaders and managers as ‘Inadequate’. This was in large measure because Ofsted considered that, by only recruiting … Continue reading Cornerstone (North East) Adoption and Fostering Services Ltd, Regina (on The Application of) v HM Chief Inspector of Education, Children’s Services and Skills (OFSTED): CA 24 Sep 2021

In re G (Children) (Residence: Making of order): CA 27 Jul 2005

The mother applied for but was refused, a residence order. The judge had questioned the need for an order, feeling that section 1(5) raised a presumption against making an order. Held: The appeal succeeded. There was no such presumption. The section asked the court only to ask itself whether an order would be better for … Continue reading In re G (Children) (Residence: Making of order): CA 27 Jul 2005

In Re W (A Child); In Re A (A Child); In Re B (Children): CA 5 Aug 1999

Where either a child had been registered with his father’s name, or his parents had been married, there would need to be strong reasons for allowing a change of surname. Where the parents were not married, the degree of commitment shown by the father to the child, the quality of contact and the presence or … Continue reading In Re W (A Child); In Re A (A Child); In Re B (Children): CA 5 Aug 1999

Re D Children: FD 8 Oct 2015

Appeal brought by the parents of two children, L and T, against both findings and orders made by a judge in the context of care proceedings . Judges: Roberts J Citations: [2015] EWHC 2846 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 19 May 2022; Ref: scu.553916

Re F and X (Children): FD 10 Sep 2015

Proceedings under the inherent jurisdiction and under the Female Genital Mutilation Act 2003 in respect of two children, F, a girl, born 2nd February 2002, and X born 15th August 2004. Judges: Baker J Citations: [2015] EWHC 2653 (Fam) Links: Bailii Statutes: Female Genital Mutilation Act 2003 Jurisdiction: England and Wales Children Updated: 19 May … Continue reading Re F and X (Children): FD 10 Sep 2015

Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

Governors of the Hospital of Sick Children v McLaughlin and Harvey plc: 1987

Citations: (1987) Con LR 25 Cited by: Cited – Finecard International Ltd (T/A the Ninja Corporation) v Urquhart Dyke and Lord (A Firm) and Another ChD 10-Nov-2005 The defendants sought an interim ruling that they were not the cause of the claimant’s losses. They had acted as patent agents to license to exploit the claimant’s … Continue reading Governors of the Hospital of Sick Children v McLaughlin and Harvey plc: 1987

In re H (Children: Residence order: Relocation): CA 30 Jul 2001

A court has the power under the Act to impose a condition on a residence order to prevent a proposed move within the UK. Such an order would be exceptional. In the absence of such a condition, there was nothing to require a parent with residence wanting to move to Northern Ireland, first to seek … Continue reading In re H (Children: Residence order: Relocation): CA 30 Jul 2001

A v A (Children: Shared Residence Order): CA 3 Feb 1994

A shared residence order may be still made if it is needed, but it remains an unusual order. Connell J discussed the guidance given as to shared residence orderButler-Sloss LJ said: ‘Miss Moulder, representing the father, accepts that the conventional order still is that there would be residence to one parent with contact to the … Continue reading A v A (Children: Shared Residence Order): CA 3 Feb 1994

Re P (Children : Disclosure): CA 12 Apr 2022

Judges: The Lord Burnett of Maldon Lord Chief Justice of England and Wales Lord Justice Peter Jackson And Lord Justice Baker Citations: [2022] EWCA Civ 495, [2022] WLR(D) 178 Links: Bailii, WLRD Jurisdiction: England and Wales Children Updated: 13 May 2022; Ref: scu.676335

Re S (Children: Care Plan); In re W and B (Children: Care plan) In re W (Child: Care plan): HL 14 Mar 2002

The Court of Appeal had imposed conditions upon the care plan to be implemented by the local authorities, identifying certain ‘starred’ essential milestones. The local authorities appealed. Held: This was not a legitimate extension of the powers contained in the 1989 Act. There exist clear problems in local authorities implementing care plans, and those difficulties … Continue reading Re S (Children: Care Plan); In re W and B (Children: Care plan) In re W (Child: Care plan): HL 14 Mar 2002

Re T v A, (children, risk of disclosure): 2000

Citations: [2000] 1 FLR 859 Jurisdiction: England and Wales Cited by: Cited – ZS v FS (Application To Prevent Solicitor Acting) FD 24-Oct-2017 Discosure of Confidences must be at risk H sought to restrain W’s solicitors from acting. The firm was one of six firms approached to consider representing H, and he now said that … Continue reading Re T v A, (children, risk of disclosure): 2000

In Re E (Children) (Abduction: Non-Convention Country): CA 7 Jul 1999

Where a child has been abducted from a country which has not signed the Convention on abduction of children, an English court should be very reluctant to apply English cultural traditions in substitution for those of the home country. Exceptions exist only for persecution, or ethnic, sex or other discrimination. ‘The welfare principle as paramount … Continue reading In Re E (Children) (Abduction: Non-Convention Country): CA 7 Jul 1999

In re A and Another (Children: Split Hearings): CA 4 Apr 2006

The mother appealed a decision to place her children in interim care and also a final order. Held: There had been a split hearing. Wherever such a procedure was adopted, it was important to identify which issues were to be dealt with at which stage, and that the parties understood the consequences of the findings … Continue reading In re A and Another (Children: Split Hearings): CA 4 Apr 2006

The Special Trustees of Great Ormond Street Hospital for Children v Rushin, Billing and others: 19 Apr 2000

The deceased had been an elderly and vulnerable widow whose husband had recently died. Her first will left most her estate to claimant trustees, but before her death she substantially diminished her estate by transfers to her carers, the defendants. One had suggested that Mrs Morris should transfer the house (worth over 200,000.00pounds) to her … Continue reading The Special Trustees of Great Ormond Street Hospital for Children v Rushin, Billing and others: 19 Apr 2000

In re G (Children) (Shared Residence: Same Sex partner): CA 6 Apr 2005

A lesbian couple had children by IVF. After the relationship failed, application was made by the non-resident partner for a shared residence order. She appealed a refusal. Held: the judge had erred. The report from Cafcass had recommended the order sought, and the judge had not given sufficient reasons to depart from that report. The … Continue reading In re G (Children) (Shared Residence: Same Sex partner): CA 6 Apr 2005

In re S (Children: Unco-operative mothers): CA 5 May 2004

The father applying for contact had had very little contact with his children for seven years. Held: In a case involving persistent opposition by a mother to co-operation with a court in allowing contact, the case should be transferred to the High Court. Where a mother failed to co-operate with family therapy, it may lead … Continue reading In re S (Children: Unco-operative mothers): CA 5 May 2004

In re J (Children) (Child abduction: Child appellant): CA 5 Apr 2004

A child appealed an order for him to be returned to Croatia to be with his father. The mother had returned to England believing this to be her home. Held: In such cases where the court might make an order under the 1989 Act for residence with the mother, all the information necessary to such … Continue reading In re J (Children) (Child abduction: Child appellant): CA 5 Apr 2004

Biddulph v Birmingham City Council, Biddulph B (Children) Mr and Mrs A: CA 28 Apr 2004

The children had been subject to an adoption order. They had been placed outside the jurisdiction for adoption. The parents appealed refusal of their application for revocation of the order. Initially places had been found for the four children together, and an urgent request made for permission. The judge had said that since they were … Continue reading Biddulph v Birmingham City Council, Biddulph B (Children) Mr and Mrs A: CA 28 Apr 2004

In re O and Another (Children: Care proceedings evidence): FD 14 Aug 2003

The mother had refused to give evidence at the hearing in care proceedings, to answer allegations made against her. She appealed a decision against her. Held: In cases involving the care of children, there is no place for the ‘no comment’ interview which was part and parcel of criminal procedure. Though parents might understandably feel … Continue reading In re O and Another (Children: Care proceedings evidence): FD 14 Aug 2003

Oxfordshire County Council v DP and others; By his children’s guardian: FD 20 Jul 2005

In an application for a care order, McFarlane J, after listing a number of authorities, identified nine factors which needed to be borne in mind before deciding whether or not to conduct a fact-finding hearing. They were:- (1) the interests of the child (which are relevant but not paramount); (2) the time that the investigation … Continue reading Oxfordshire County Council v DP and others; By his children’s guardian: FD 20 Jul 2005

In re M (a Child) (Disclosure: Children and Family Reporter): CA 31 Jul 2002

A Children and Family reporter became concerned at the possibility of abuse of children as a result of information gained whilst involved in private law proceedings. He sought to report those concerns to the statutory authorities. It had become clear that it was crucially important that professions within the child care professions must communicate properly … Continue reading In re M (a Child) (Disclosure: Children and Family Reporter): CA 31 Jul 2002

In Re G (Children) (Care Order: Evidence of Threshold Conditions): CA 5 Jul 2001

It should be routine that, when presenting a case before a court to apply for a care order, the applicant authority should provide a written statement of the reasons, upon which it argued that the threshold conditions had been met. That statement should be based upon the evidence available at the time the decision to … Continue reading In Re G (Children) (Care Order: Evidence of Threshold Conditions): CA 5 Jul 2001

In Re W and B (Children: Care Plan) In Re W (Child: Care Plan): CA 7 Jun 2001

Courts should take additional powers under the Act for the management and implementation of care plans made in care proceedings. In these cases, an order had been made on the basis of a care plan which subsequently proved impossible to implement, and in the second case, decisions might better have been deferred until some situation … Continue reading In Re W and B (Children: Care Plan) In Re W (Child: Care Plan): CA 7 Jun 2001

In re A (Children): CA 31 Jan 2013

Judges: Patten, Rimer, Thorpe LJJ Citations: [2013] EWCA Civ 232 Jurisdiction: England and Wales Cited by: Appeal from – A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013 Acquisition of Habitual Residence Habitual residence can in principle be lost and another habitual residence acquired on the same … Continue reading In re A (Children): CA 31 Jan 2013

Children and Family Court Advisory and Support Service (Decision Notice): ICO 8 Mar 2011

The complainant asked the Children and Family Court Advisory and Support Services to provide board minutes and papers for a specific time period. The public authority refused to disclose these stating the request was exempt by virtue of the exclusions under sections 14(1) (vexatious requests) and 14(2) (repeated requests) of the Freedom of Information Act … Continue reading Children and Family Court Advisory and Support Service (Decision Notice): ICO 8 Mar 2011

A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013

Acquisition of Habitual Residence Habitual residence can in principle be lost and another habitual residence acquired on the same day. Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member state such as the United States. The Regulation also deals with how child … Continue reading A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013

Re M and another (Children) (Abduction; Rights of Custody): HL 5 Dec 2007

Three children had been brought from Zimbabwe by their mother against the wishes of the father and in breach of his rights there. The mother appealed an order for their return. Held: The mother’s appeal was allowed. The House had to consider the extent of the exceptions to the duty to return children. It was … Continue reading Re M and another (Children) (Abduction; Rights of Custody): HL 5 Dec 2007

In re P-J (Children) (Abduction: Consent): FD 2009

Judges: Sir Mark Potter P Citations: [2009] EWHC 638 (Fam), [2010] 1 WLR 1237 Statutes: Child Abduction and Custody Act 1985 Jurisdiction: England and Wales Cited by: Appeal from – In re P-J (Children) (Abduction: Consent) CA 23-Jun-2009 An application was made under the 1985 Act. The mother answered by saying that the removal of … Continue reading In re P-J (Children) (Abduction: Consent): FD 2009