TN v Secretary of State for The Home Department: Admn 16 Dec 2011

‘The claimant, an unaccompanied child, challenges the Secretary of State’s decision of 12 November 2010 refusing his claim for asylum and for humanitarian protection and granting him discretionary leave to remain in the United Kingdom for a shorter period than would enable him to appeal against that decision to the First-tier Tribunal. ‘

Judges:

Lindblom J

Citations:

[2011] EWHC 3296 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal fromTN (Afghanistan) and Another v Secretary of State for The Home Department CA 12-Dec-2013
The applicants had arrived in the UK as minors fleeing Afghanistan. They now challenged grant of a discretionary leave to remain limited to expire withiin one year. . .
At first instanceTN, MA and AA (Afghanistan) v Secretary of State for The Home Department SC 24-Jun-2015
The appellants, children from Afghanistan whose asylum claims had been rejected, challenged the sufficiency of the appellate process, and the respondents obligations for family tracing.
Held: The appeals failed. An applicant could not claim, . .
Lists of cited by and citing cases may be incomplete.

Immigration, Children

Updated: 23 May 2022; Ref: scu.459744

Re B: CA 25 Jul 1994

Court must release immediately person from ‘seek and find’ order unless contempt is alleged and shown.

Citations:

Ind Summary 25-Jul-1994

Jurisdiction:

England and Wales

Children

Updated: 20 May 2022; Ref: scu.85717

Sheffield City Council v V; Legal Services Commission intervening: FD 23 Jun 2006

The court set out the criteria to be used when ordering payment by the council of the costs of a residential assessment ordered during care proceedings.

Citations:

Times 25-Aug-2006

Statutes:

Children Act 1989 38(6)

Jurisdiction:

England and Wales

Children, Local Government, Legal Aid

Updated: 20 May 2022; Ref: scu.244693

Regina v Cambridge and Huntingdon Health Committee Ex Parte B: CA 10 Mar 1995

A decision by a Health Authority to withhold treatment for a patient could be properly so made. It was not ordinarily to be a matter for lawyers. A Health Authority’s withholding of treatment, which might not be in a child’s simple best interests could even so be lawful, but when called upon, it would have to show substantial cause for its decisions.
Where the use of limited resources has to be decided, the undesirability of the court stepping in too quickly was made clear: (Sir Thomas Bingham MR) ‘I have no doubt that in a perfect world any treatment which a patient, or a patient’s family, sought would be provided if doctors were willing to give it, no matter how much it cost, particularly when a life was potentially at stake. It would however, in my view, be shutting one’s eyes to the real world if the court were to proceed on the basis that we do live in such a world. It is common knowledge that health authorities of all kinds are constantly pressed to make ends meet. They cannot pay their nurses as much as they would like; they cannot provide all the treatments they would like; they cannot purchase all the extremely expensive medical equipment they would like; they cannot carry out all the research they would like; they cannot build all the hospitals and specialist units they would like. Difficult and agonising judgments have to be made as to how a limited budget is best allocated to the maximum advantage of the maximum number of patients. That is not a judgment which the court can make. In my judgment, it is not something that a health authority such as this authority can be fairly criticised for not advancing before the court.’
Sir Thomas Bingham MR: ‘. . . the courts are not, contrary to what is sometimes believed, arbiters as to the merits of cases of this kind. Were we to express opinions as to the likelihood of the effectiveness of medical treatment, or as to the merits of medical judgment, then we should be straying far from the sphere which under our constitution is accorded to us. We have one function only, which is to rule upon the lawfulness of decisions. That is a function to which we should strictly confine ourselves.’

Judges:

Sir Thomas Bingham MR

Citations:

Independent 14-Mar-1995, Times 15-Mar-1995, [1995] 1 WLR 898, [1995] EWCA Civ 43, [1995] EWCA Civ 49, [1995] Fam Law 480, [1995] 6 Med LR 250, [1995] 1 FLR 1056, [1995] 2 FCR 485, [1995] 2 All ER 129, [1995] COD 407

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Cited by:

CitedWatts, Regina (on the Application of) v Bedford Primary Care Trust and others Admn 1-Oct-2003
The claimant sought hip-replacement treatment. She was first told that she would have to wait a year. As her lawyers pressed the respondent, she looked at obtaining treatment in France. As she decided to take the treatment, the respondent reduced . .
CitedRogers, Regina (on the Application of) v Secretary of State for Health Admn 15-Feb-2006
The claimant suffered breast cancer. She sought treatment from the defendant with a drug called Herceptin, and now sought judicial review of the refusal of such treatment. Various stages in the licensing of the drug were yet to be completed. It was . .
CitedRogers, Regina (on the Application of) v Swindon NHS Primary Care Trust CA 12-Apr-2006
The claimant challenged the policy of her local health authority not to allow prescription to her of the drug Herceptin.
Held: The policy had not been settled upon lawfully and was to be set aside. On the one hand the PCT developed a policy . .
See AlsoRegina v Cambridge and Huntingdonshire Health Authority Ex Parte B (No 2) CA 27-Oct-1995
A child’s anonymity could removed, where publicity could generate cash for required treatment. . .
Lists of cited by and citing cases may be incomplete.

Health, Children

Updated: 19 May 2022; Ref: scu.86273

Regina (S) v Swindon Borough Council and Another: QBD 27 Jun 2001

When considering the need for measures to protect a child, the local authority did not first require evidence to a standard which would satisfy a court even on the civil standard of the balance of probabilities. At the later stage where decisions might be taken by a court was the time when standards of evidence came to be applied. When deciding to begin an investigation, the words of the statute were enough. They had only to have reasonable cause to suspect that a child might suffer harm.

Citations:

Times 27-Jun-2001, [2001] EWHC Admin 334

Links:

Bailii

Statutes:

Children Act 1989 47

Children, Local Government

Updated: 19 May 2022; Ref: scu.86003

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 otherwise of parental responsibility were proper factors to be taken into account.
Lady Justice Butler-Sloss: ‘The present position, in summary, would appear to be as follows:-
a. If parents are married they both have the power and the duty to register their child’s names.
b. If they are not married the mother has the sole duty and power to do so.
c. After registration of the child’s names, the grant of a residence order obliges any person wishing to change the surname to obtain the leave of the court or the written consent of all those who have parental responsibility.
d. In the absence of a residence order, the person wishing to change the surname from the registered name ought to obtain the relevant written consent or the leave of the court by making an application for a specific issue order.
e. On any application the welfare of the child is paramount and the judge must have regard to the section 1 (3) criteria.
f. Among the factors to which the court should have regard is the registered surname of the child and the reasons for the registration, for instance recognition of the biological link with the child’s father. Registration is always a relevant and an important consideration but it is not in itself decisive. The weight to be given to it by the court will depend upon the other relevant factors or valid countervailing reasons which may tip the balance the other way.
g. The relevant considerations should include factors which may arise in the future as well as the present situation.
h. Reasons given for changing or seeking to change a child’s name based on the fact that the child’s name is or is not the same as the parent making the application do not generally carry much weight.
i. The reasons for an earlier unilateral decision to change a child’s name may be relevant.
j. Any changes of circumstances of the child since the original registration may be relevant.
k. In the case of a child whose parents were married to each, the fact of the marriage is important and I would suggest that there would have to be strong reasons to change the name from the father’s surname if the child was so registered.
l. Where the child’s parents were not married to each other, the mother has control over registration. Consequently on an application to change the surname of the child, the degree of commitment of the father to the child, the quality of contact, if it occurs, between father and child, the existence or absence of parental responsibility are all relevant factors to take into account. ‘

Judges:

Butler-Sloss LJ, Auld LJ, Mantell LJ

Citations:

Gazette 02-Sep-1999, Times 05-Aug-1999, [1999] EWCA Civ 2030

Links:

Bailii

Statutes:

Births and Deaths Registration Act 1953, Registration of Births and Deaths Regulations 1987

Jurisdiction:

England and Wales

Citing:

CitedDawson v Wearmouth CA 31-Jul-1997
The father was not married to the mother who, without consulting the father, registered the child in the name of her former husband by whom she had previously had two children. The father sought various orders under the Children Act, including a . .
CitedDawson v Wearmouth HL 4-Feb-1999
The parents were unmarried. The mother had registered the child under her former partner’s surname. The father sought an order that his name be used instead. The mother’s apeal against an order to that effect had succeeded.
Held: The father’s . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 19 May 2022; Ref: scu.82262

E v Legal Aid Board, Ex P W et Al (Minors): QBD 25 Nov 1999

The legal aid board could refuse to grant legal aid to children involved in proceedings to refuse contact to a parent, because the regulations which applied were sufficiently widely drawn to allow a discretion to the local authority to pay the costs. In such circumstances it was not unreasonable for legal aid to be refused.

Citations:

Times 25-Nov-1999

Statutes:

Guardians ad Litem Reporting Officers (Panels) Regulations 1991 (1991 No 205) 9, Children Act 1989 41(9), Family Proceedings Rules 1991 (1991 No 1247) 4.23

Legal Aid, Children, Local Government

Updated: 19 May 2022; Ref: scu.80202

Dorney-Kingdom v Dorney-Kingdom: CA 25 Jul 2000

A court may not make an original order for child maintenance, save by consent. The practice of disguising such an order, as part of spousal maintenance, pending a determination by the Child Support Agency, was only legitimate where there was included a real element of spousal maintenance. Simply calling child maintenance spousal maintenance is not correct or legitimate.

Citations:

Times 25-Jul-2000, Gazette 27-Jul-2000

Statutes:

Child Support Act 1991 8(5)

Jurisdiction:

England and Wales

Children, Family, Child Support

Updated: 19 May 2022; Ref: scu.80101

C (A Minor) v Director of Public Prosecutions: QBD 30 Mar 1994

The 12 year old defendant held the handlebars of a motorcycle allowing a second boy to try to remove the chain and padlock securing it. He appealed against his conviction.
Held: The presumption of doli incapax for a 10-14 year old child is no longer good law. Laws J said: ‘Whatever may have been the position in an earlier age, when there was no system of universal compulsory education and when, perhaps, children did not grow up as quickly as they do nowadays, this presumption at the present time is a serious disservice to our law. It means that a child over ten who commits an act of obvious dishonesty, or even grave violence, is to be acquitted unless the prosecution specifically prove by discrete evidence that he understands the obliquity of what he is doing. It is unreal and contrary to common sense;’ and ‘Even that is not the end of it. The rule is divisive and perverse: divisive, because it tends to attach criminal consequences to the acts of children coming from what used to be called good homes more readily than to the acts of others; perverse, because it tends to absolve from criminal responsibility the very children most likely to commit criminal acts. It must surely nowadays be regarded as obvious that, where a morally impoverished upbringing may have led a teenager into crime, the facts of his background should go not to his guilt, but to his mitigation; the very emphasis placed in modern penal policy upon the desirability of non-custodial disposals designed to be remedial rather than retributive – especially in the case of young offenders – offers powerful support for the view that delinquents under the age of 14, who may know no better than to commit antisocial and sometimes dangerous crimes, should not be held immune from the criminal justice system, but sensibly managed within it. Otherwise they are left outside the law, free to commit further crime, perhaps of increasing gravity, unchecked by the courts whose very duty it is to bring them to book.’ and ‘the presumption is in principle objectionable. It is no part of the general law that a defendant should be proved to appreciate that his act is ‘seriously wrong.’ He may even think his crime to be justified; in the ordinary way no such consideration can be prayed in aid in his favour. Yet in a case where the presumption applies, an additional requirement, not insisted upon in the case of an adult, is imposed as a condition of guilt, namely a specific understanding in the mind of the child that his act is seriously wrong. This is out of step with the general law.’

Judges:

Laws J

Citations:

Times 30-Mar-1994, [1995] 1 Cr App R 118

Citing:

See AlsoRegina v Director of Public Prosecutions, Ex Parte C QBD 7-Mar-1994
The doli incapax assumption that a child does not have a guilty mind, is no longer an appropriate presumption for a 12 year old youth. A prosecutor must act in accordance with the guidelines issued pursuant to the Act. . .

Cited by:

Appeal fromC (A Minor) v Director of Public Prosecutions HL 17-Mar-1995
The House considered whether the long established rule of the criminal law presuming that a child did not have a guilty mind should be set aside.
Held: Doli incapax, the presumption of a child’s lack of mens rea, is still effective and good . .
CitedRegina v T CACD 16-Apr-2008
The twelve year old defendant had pleaded guilty to several allegations of sexual assault. The judge had ruled that it was not open to him to plead doli incapax. He appealed saying that only the presumption of doli incapax had been abolished, and . .
CitedJTB, Regina v HL 29-Apr-2009
The defendant appealed against his convictions for sexual assaults. He was aged twelve at the time of the offences, but had been prevented from arguing that he had not known that what he was doing was wrong. The House was asked whether the effect of . .
Lists of cited by and citing cases may be incomplete.

Crime, Children

Updated: 19 May 2022; Ref: scu.78795

Birmingham City Council v H (A Minor) and Others: HL 16 Dec 1993

The local authority applied for a care order in respect of a young baby. The mother was only 15 and was a ‘child’ herself.
Held: In an application under 34(4) the interests of the child who is the subject of the application are paramount, and precede those of the mother, even if she herself is a child. Section 34(3) enabled the court to ‘make such order as it considers appropriate with respect to the contact which is to be allowed between the child and that person’. Lord Slynn of Hadley: ‘For this purpose, ‘the child’ is the child in care in respect of whom an order is sought by one of the four categories of person. That child is the subject matter of the application. The question to be determined relates to that child’s upbringing and it is that child’s welfare which must be the court’s paramount consideration. The fact that the parent is also a child does not mean that both parent’s and child’s welfare is paramount and that each has to be balanced against the other.’

Judges:

Lord Keith of Kinkel, Lord Jauncey of Tullichettle, Lord Browne-Wilkinson, Lord Slynn, Lord Hadley, Lord Woolf

Citations:

Independent 07-Jan-1994, Gazette 09-Feb-1994, Times 17-Dec-1993, [1993] UKHL 9

Links:

Bailii

Statutes:

Children Act 1989 34(4)

Citing:

Appeal fromBirmingham City Council v H (A Minor) CA 1993
An application was made by the local authority to take into care the daughter of a 15 year old mother. The question was whether any priority was to be given to the daughter’s interests when the mother herself was also a child.
Held: When the . .

Cited by:

CitedIn Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
Appealed toBirmingham City Council v H (A Minor) CA 1993
An application was made by the local authority to take into care the daughter of a 15 year old mother. The question was whether any priority was to be given to the daughter’s interests when the mother herself was also a child.
Held: When the . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.78416

In Re AR (An Order Under The Child Abduction And Custody Act 1985): SCS 17 Jun 2014

The two girls were with their mother in Scotland. The father, living in France, sought their return to France:
Held: The court granted the father’s application. The Lord Ordinary: ‘After considering all the relevant evidence I am satisfied that the children had not immediately before 20 November 2013 lost their habitual residence in France. They had both been born there and lived there in family with their parents until 26 July. This was a French family living in France. There is nothing which happened thereafter which persuades me that they had ceased to be habitually resident in France. I conclude from the evidence and productions presented that the stay of the respondent and the two children in Scotland was to be of limited duration, consisting of the period of her maternity leave. I do not regard the sale of the family home in Narbonne as evidencing a joint intention to leave France for good. I am not persuaded that there was a joint decision to uproot themselves from France and relocate permanently to Scotland. The petitioner has his own expanding business in Narbonne, for which he relies on his livelihood (sic) and in order to maintain the respondent and children. He speaks little or no English. I reject as fanciful any suggestion that he intended to set up a business in Scotland. That would have involved abandoning his established business in France and attempting to set up a business in a country where he did not speak the language and had no obvious prospect of succeeding. He continued to live and work in France after the respondent and children came to live in Scotland, although he visited them regularly. The respondent and children returned to France on two occasions after their move to Scotland. Certain of the children’s belongings were in storage in France. The lease of the property in which the respondent and children were living in Scotland was in her name alone. Nothing in the communications between the parties indicates a joint intention to uproot themselves from France and relocate permanently to Scotland.’

Citations:

Unreported, 17 June 2014

Statutes:

Child Abduction And Custody Act 1985

Cited by:

Appeal fromAR, Re An Order Under The Child Abduction and Custody Act 1985 SCS 14-Nov-2014
(Extra Division, Inner House – Opinion of Lord Malcolm) – appeal in application for order of return of two children to their father in France. The partis disputed whether Scotland had become habitually resident in Scotland, and also whether the . .
At Outer HouseAR v RN (Scotland) SC 22-May-2015
The court was asked whether it should order the return to France of two little girls who have been living with their mother in Scotland since July 2013. The issue arose under article 3 of the 1980 Hague Convention on the Civil Aspects of . .
Lists of cited by and citing cases may be incomplete.

Children, Scotland

Updated: 18 May 2022; Ref: scu.566222

Case XLVI 29 Ass Pl 35 29 E 3, 37: 1220

A. has judgment against B. in ravishment of ward ; B brings a writ of error, and assigns for error, that the plaintiff below did riot shew in his count, that he had seised the ward. Non allocatur; for it vests in him by the death of the ancestor, for it is a thing transitory.

Citations:

[1220] EngR 371, (1220-1623) Jenk 24, (1220) 145 ER 18 (B)

Links:

Commonlii

Children

Updated: 18 May 2022; Ref: scu.461283

35 H 6, 52 28 H 8 Br Livery, 55 Br Cases, 187, 78, 113, 114 12 H 4, 18 Stamf Praer 10 Dally, 90, Pl 8 Co Lit 77 A F N B 258, 256 Gard, Livery, Charrel Br Cases, 322 By 12 C 2, Ch 24, These Tenures And Services Are Abolish’D: 1220

No livery shall be sued by any heir, if the tenure be not of the King by knight’s service in capite, or in socage in capite, if the heir be of full age at the time of the death of his father, he shall pay half a year’s value of the land : if the tenure be socage in capite, such heir shall pay relief: if he be fourteen years of age at the time of the death of his ancestor, he shall pay nothing. Where the King has a ward, because of another ward who is the King’s tenant in capite by knight’s service ; and the ward because of ward comes first to full age, he shall sue his livery ; but not where his guardiian has sued his livery before him : but though his guardian has sued his livery before him, yet the King shall retain the land and body of the ward because of ward till his full age. So shall every other lord do who has a ward because of ward ; if he has not the seigniory by a defeasible title : if so, the entry of him who has right shall avoid it : so of a mortgage redeemed, and a seigniory granted upon condition. The heir of the King’s tenant by knight’s service, not in capite, at his full age, after he has paid relief, shall have an ouster le maine. The King’s tenant of lands within the Dutchy of Lancaster shall sue livery, but not for lands held of the dutchy, and lying out of the dutchy. 21 E. 4, 60. 26 H. 8.

Citations:

[1220] EngR 445, (1220-1623) Jenk 113, (1220) 145 ER 80 (A)

Links:

Commonlii

Children, Land

Updated: 18 May 2022; Ref: scu.461357

In Re N (Leave to withdraw care proceedings): 2000

Citations:

[2000] 1 FCR 258

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Cited by:

CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.

Children, Human Rights

Updated: 18 May 2022; Ref: scu.417809

Moodey v Field: CA 13 Feb 1981

The mother appealed against refusal of permission to remove the child from the jurisdiction.
Held: Ormrod LJ summarised the situation: ‘the question therefore in each case is, is the proposed move a reasonable one from the point of view of the adults involved? If the answer is yes, then leave should only be refused if it is clearly shown beyond any doubt that the interests of the children and the interests of the custodial parent are incompatible. One might postulate a situation where a boy or girl is well settled in a boarding school, or something of that kind, and it could be said to be very disadvantageous to upset the situation and move the child into a very different educational system. I merely take that as an example. Short of something like that, the court in principle should not interfere with the reasonable decision of the custodial parent.’

Judges:

Ormrod LJ

Citations:

Unreported, 13 February 1981

Jurisdiction:

England and Wales

Cited by:

CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.417810

Edwards v Carter: HL 1893

If an infant choses to repudiate a disposition, he must do so within a reasonable time after coming of age.

Citations:

[1893] AC 361

Jurisdiction:

England and Wales

Cited by:

CitedFisher v Brooker and Others HL 30-Jul-2009
The claimant sought a share in the royalties from the song ‘A whiter shade of pale’ but had delayed his claim for 38 years. He had contributed the organ solo which had contributed significantly to the song’s success. He now sought a share of future . .
Lists of cited by and citing cases may be incomplete.

Children, Contract

Updated: 18 May 2022; Ref: scu.373857

In re McGrath (Infants): CA 1893

Judges:

Lindley LJ

Citations:

[1893] 1 Ch 143

Cited by:

CitedIn re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 May 2022; Ref: scu.269964

Poel v Poel: CA 1970

The mother of a child of two and a half had obtained a custody order with weekly access given to the father. She wished to emigrate with her new husband and the expected child of that marriage to New Zealand. She applied to remove the child permanently from the jurisdiction. If they were not allowed to take the child with them they were prepared to give up their plans to emigrate. The county court judge refused the application.
Held: The appeal succeeded.
Winn LJ said: ‘I am very firmly of opinion that the child`s happiness is directly dependent not only upon the health and happiness of his own mother but upon her freedom from the very likely repercussions of an adverse character, which would result affecting her relations with her new husband and her ability to look after her family peacefully and in a psychological frame of ease, from the refusal of the permission to take this boy to New Zealand which I think quite clearly his welfare dictates.’
Sachs LJ said: ‘When a marriage breaks up, then a situation normally arises when the child of that marriage, instead of being in the joint custody of both parents, must of necessity become one who is in the custody of a single parent. Once that position has arisen and the custody is working well, this court should not lightly interfere with such reasonable way of life as is selected by that parent to whom custody has been rightly given. Any such interference may, as Winn LJ has pointed out, produce considerable strains which would be unfair not only to the parent whose way of life is interfered with but also to any new marriage of that parent. In that way it might well in due course reflect on the welfare of the child. The way in which the parent who properly has custody of a child may choose in a reasonable manner to order his or her way of life is one of those things which the parent who has not been given custody may well have to bear, even though one has every sympathy with the latter on some of the results.’

Judges:

Sachs LJ, Winn LJ

Citations:

[1970] 1 WLR 1469

Jurisdiction:

England and Wales

Cited by:

CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
CitedIn re AR (A Child: Relocation) FD 10-Jun-2010
Both parents had parental responsibility. The French mother wished to return to live in France and to take the five year old child with her, applying to court for the appropriate order.
Held: The court pointed to the real difficulties always . .
CitedA v A CA 1979
The mother had been given leave to take the child of the family out of the jurisdiction. The father sought leave to appeal.
Held: Ormrod LJ said: ‘It is always difficult in these cases when marriages break up where a wife who, as this one is, . .
CitedChamberlain v de la Mare CA 1983
The mother wanted to take the two infant children to New York with her new husband. The father resisted. At first instance, Balcombe J had considered both Poel and Nash, but said that without wishing to be an iconoclast, he would simply apply the . .
CitedLonslow v Hennig CA 1986
The mother sought leave to remove the children of the family against the father’s wishes. She wanted to move to New Zealand. The judge at first instance had refused her application. She appealed.
Held: The appeal succeeded. Though the first . .
ConfirmedIn re H (application to remove from jurisdiction) FD 1998
The mother had remarried and now wished to move to the United States with her new husband, an American. The father had played an unusually large role in caring for the child as a baby and continued to keep closely in touch with her. The judge said . .
CitedIn Re C (leave to remove from the jurisdiction) CA 2000
The court heard an appeal from an order made on an application for leave to remove a child from the jurisdiction. . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 17 May 2022; Ref: scu.260328

Kelly v Monklands District Council: 1986

A local authority’s housing duties may be owed to a child if that child is living independently of its parents.

Citations:

1986 SLT 169

Cited by:

CitedRoyal Borough of Kingston Upon Thames v Prince and Another CA 2-Dec-1998
The Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years.
Held: The 1985 . .
Lists of cited by and citing cases may be incomplete.

Scotland, Housing, Children, Local Government

Updated: 17 May 2022; Ref: scu.259630

Hodak v Newman and Hodak: 1993

(Family Court of Australia) Lindenburgh J said: ‘I am of the opinion that the fact of parenthood is to be regarded as an important and significant factor in considering which proposals better advance the welfare of the child. Such fact does not, however, establish a presumption in favour of the natural parent, nor generate a preferential position in favour of the natural parent from which the Court commences its decision-making process . . Each case should be determined upon an examination of its own merits and of the individuals there involved.’

Judges:

Lindenmayer J

Citations:

(1993) 17 Fam LR 1, [1993] FamCA 83, (1993) FLC 92-421

Links:

Austlii

Cited by:

ApprovedRice v Miller 10-Sep-1993
(Family Court of Australia) Whilst there is a legislative presumption regarding equal shared parental responsibility between parents there is no presumption in favour of parents (jointly or severally) as regards the placement of children nor a . .
ApprovedRe Evelyn CA 1998
. .
CitedIn Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner) HL 26-Jul-2006
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 . .
Lists of cited by and citing cases may be incomplete.

Children, Commonwealth

Updated: 17 May 2022; Ref: scu.244487

Re D (Contact and Parental Responsibility: Lesbian Mothers and Known Father): 2006

Citations:

[2006] 1 FCR 556

Jurisdiction:

England and Wales

Cited by:

CitedIn Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner) HL 26-Jul-2006
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 . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 17 May 2022; Ref: scu.244492

Re L (Abduction: Pending Criminal Proceedings): FD 1999

In a child abduction case, the court considered whether a child was settled within the UK if his whereabouts had been hidden: ‘The mother might or might not have demonstrated that the children were now settled in their new environment. The proposition is harder to demonstrate than at first appears. In Re S (A Minor) (Abduction) [1992] 2 FLR 1, 24C, Purchas LJ described what was required as a long-term settled position; and in Re N (Minors) (Abduction) [1991] 1 FLR 413, 418C, Bracewell J observed that the position had to be as permanent as anything in life could be said to be permanent. Whether a Danish mother who has been present with the children in England for a year only because it has been a good hiding-place and who faces likely extradition proceedings could demonstrate the children’s settlement in England within the meaning of those authorities is doubtful.’

Judges:

Wilson J

Citations:

[1999] 1 FLR 433

Citing:

CitedRe S (A Minor) (Abduction) CA 1991
The court considered what would constitute a child being ‘settled’ under the 1985 Act: ‘I now turn to the last matter, which is art. 12, as to whether in these circumstances it has been demonstrated that Katharine in now settled in her new . .
CitedRe N (Minors) (Abduction) FD 2-Jan-1991
The court considered the degree of settlement that had to be proved under the Act: ‘The second question which has arisen is: what is the degree of settlement which has to be demonstrated? There is some force, I find, in the argument that legal . .

Cited by:

CitedCannon v Cannon CA 19-Oct-2004
The mother had brought the child to the UK wrongfully. She had hidden their identity for more than a year. Upon discovering her, the father came to England and began proceedings for the child’s return to the US.
Held: Because the child’s . .
CitedRe H (Abduction: Child of Sixteen) FD 2000
The court considered the position as to whether a child was to be deemed to be settled after having been within the UK for a period of more than one year: ‘It is the case, looking at the relative dates, that these proceedings were commenced after . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 16 May 2022; Ref: scu.219128

M v M: FD 8 Oct 1990

Judges:

Butler-Sloss P

Citations:

Unreported, 8 October 1990

Statutes:

Child Abduction and Custody Act 1985 12

Cited by:

CitedRe N (Minors) (Abduction) FD 2-Jan-1991
The court considered the degree of settlement that had to be proved under the Act: ‘The second question which has arisen is: what is the degree of settlement which has to be demonstrated? There is some force, I find, in the argument that legal . .
CitedCannon v Cannon CA 19-Oct-2004
The mother had brought the child to the UK wrongfully. She had hidden their identity for more than a year. Upon discovering her, the father came to England and began proceedings for the child’s return to the US.
Held: Because the child’s . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 16 May 2022; Ref: scu.219120

In re O (Abduction: Consent and Acquiescence): FD 1997

Judges:

Bennett J

Citations:

[1997] 1 FLR 924

Statutes:

Hague Convention on the Civil Aspects of International Child Abduction 12 13

Citing:

DisappovedIn re C (Abduction: Consent) FD 1996
The Convention specifically placed the issue of consent within article 13. . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 16 May 2022; Ref: scu.200448

A County Council v W and others (Disclosure): FD 1997

In the absence of section 12 it would be contempt to disclose matter before a children’s court to the General Medical Council.

Judges:

Cazalet J

Citations:

[1997] 1 FLR 574

Statutes:

Children Act 1989 12

Cited by:

CitedKent 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 . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 16 May 2022; Ref: scu.194852

In re de Beaujeu’s Application: ChD 1949

Publication of the content of wardship proceedings, against the direction of the judge prohibiting publication, was a contempt of court. Wynn-Parry J said: ‘In my judgment in proceedings involving wards of court the judge has a complete discretion to allow or forbid publication of the proceedings or any order made therein. In the absence of any special direction, I am of opinion that prima facie it would be a contempt of court to publish an account of proceedings relating to an infant conducted in chambers without the express permission of the judge who heard the case.’

Judges:

Wynn-Parry J

Citations:

[1949] 1 All ER 439, [1949] Ch 230

Cited by:

CitedKent 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 . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 16 May 2022; Ref: scu.194847

In Re R (Wardship: Restrictions on Publication): CA 1994

The parents had separated and the child made a ward of court. The mother had care and control and the father had access. The father abducted the child to Israel but she was recovered. The father was extradited to stand trial here. He sought publicity for his views upon the treatment of fathers by the family courts. In the Family Division, an order was made prohibiting publicity in very wide terms, which would have precluded virtually any reporting of the criminal proceedings. He appealed.
Held: The order was varied to permit the reporting of the father’s criminal trial. Save by statute reports of proceedings in a court should only be restrained ‘where and to the extent that restraint is shown to be necessary for the purpose of protecting the proper administration of justice’. Although publicity about the ward should be as limited as possible, restraining reports of the criminal trial was not necessary ‘to enable the judge to do justice in the wardship proceedings’. There was no statutory provision automatically restricting reporting, but section 39 did apply to enable the criminal court to prohibit identification of the ward as the victim of the alleged crime. He had ‘the greatest doubt’, about the first instance view on its power to restrain reporting of the criminal trial, but if he had he should have left it to the criminal judge to decide whether to do so.
Millett LJ said that apart from the contempt jurisdiction, ‘the wardship judge has an additional jurisdiction to prohibit the publication of information concerning the ward which is directed at the ward or at those having responsibility for the ward’s upbringing, thereby threatening the effective working of the court’s jurisdiction; . . this last mentioned jurisdiction is of recent origin. Its source and justification lie in the inherent power of the court to protect the integrity of its own process. There is no jurisdiction in the wardship court to protect its wards from adverse publicity which does not threaten the effective working of the court’s jurisdiction merely on the ground that such publicity would be contrary to the interests of the ward or damaging to his welfare’.
He drew a distinction between the inherent jurisdiction and the statutory powers under section 39 which ‘unlike the wardship jurisdiction’ could be used for the sole purpose of protecting children from harmful publicity. The limiting principle of the wardship jurisdiction: ‘may be expressed more generally by saying that the wardship court has no power to exempt its ward from the general law, or to obtain for its ward rights and privileges not generally available to children who are not wards of court; or by saying that the wardship court can seek to achieve for its ward all that wise parents or guardian acting in concert and exclusively in the interests of the child could achieve, but no more . . Nor can it protect the ward from adverse publicity as such.’

Judges:

Sir Thomas Bingham MR, Millett LJ

Citations:

[1994] Fam 254, [1994] 2 FLR 637, [1994] 3 All ER 658, [1994] 3 WLR 36

Statutes:

Children and Young Persons Act 1933 39

Jurisdiction:

England and Wales

Cited by:

CitedIn re S (A Child) (Identification: Restrictions on Publication) CA 10-Jul-2003
An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care.
Held: The court must balance the need to protect the child with the need for freedom of the press. The . .
CitedIn re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
CitedKelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
CitedH v A (No2) FD 17-Sep-2015
The court had previously published and then withdrawn its judgment after third parties had been able to identify those involved by pulling together media and internet reports with the judgment.
Held: The judgment case should be published in . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 16 May 2022; Ref: scu.185251

In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995

The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs.
Held: The court refused to vary an injunction against publication of any details with regard to a particular child. This was based on the Court’s parens patriae jurisdiction and was taken not so much for the protection of the administration of justice but in accordance with the Court’s quasi-parental responsibilities in a context where, under the Children Act 1989, the interests of the child were paramount.
In relation to the media the exercise of the court’s inherent parens patriae or wardship jurisdiction is divided into three parts: the first part, in which the jurisdiction is not exercisable at all and the child is left to whatever remedies against the media the law would give an adult in comparable circumstances; a second part in which the jurisdiction is exercisable, but in circumstances where, because the court is exercising only its ‘protective’ jurisdiction, the child’s interests are not paramount and where a so-called balancing exercise has to be performed; and the third part, in which, because the court is exercising its ‘custodial’ jurisdiction, the child’s interests are paramount.
Sir Thomas Bingham MR said: ‘I understood the mother’s counsel to advance two reasons why discretion could only be properly exercised to the effect contended for. The first was that the court should never override the decision of a devoted and responsible parent such as this mother was found to be. I would for my part accept without reservation that the decision of a devoted and responsible parent should be treated with respect. It should certainly not be disregarded or lightly set aside. But the role of the court is to exercise an independent and objective judgment. If that judgment is in accord with that of the devoted and responsible parent, well and good. If it is not, then it is the duty of the court, after giving due weight to the view of the devoted and responsible parent, to give effect to its own judgment. That is what it is there for. Its judgment may of course be wrong. So may that of the parent. But once the jurisdiction of the court is invoked its clear duty is to reach and give the best judgment that it can.’
Ward LJ said that the jurisdiction can be exercised and a parent can be restrained either by an in personam injunction or, where appropriate by a prohibited steps order under section 8 of the 1989 Act. It was not necessary to make the child a ward in order to invoke the inherent jurisdiction of the court.

Judges:

Sir Thomas Bingham MR, Ward LJ

Citations:

[1997] Fam 1, [1996] 1 FLR 197, [1996] 2 WLR 88

Statutes:

Children Act 1989 8

Jurisdiction:

England and Wales

Cited by:

CitedKeays v Guardian Newspapers Limited, Alton, Sarler QBD 1-Jul-2003
The claimant asserted defamation by the defendant. The parties sought a decision on whether the article at issue was a comment piece, in which case the defendant could plead fair comment, or one asserting fact, in which case that defence would not . .
CitedRe S (A Child) CA 10-Jul-2003
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the . .
CitedIn re S (A Child) (Identification: Restrictions on Publication) CA 10-Jul-2003
An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care.
Held: The court must balance the need to protect the child with the need for freedom of the press. The . .
CitedKent 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 . .
CitedIn Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
CitedIn re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
CitedA Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication) FD 14-Jul-2005
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly . .
CitedB (A Child); Re C (Welfare of Child: Immunisation) CA 30-Jul-2003
The father sought a specific issue order for the immunisation of his child in particular with the MMR vaccine. The mother opposed all immunisation.
Held: Whether a child was to be refused immunisation was an issue on which both parents should . .
CitedIn re A (A Minor) FD 8-Jul-2011
An application was made in care proceedings for an order restricting publication of information about the family after the deaths of two siblings of the child subject to the application. The Sun and a local newspaper had already published stories . .
CitedKelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
CitedJones v Kernott SC 9-Nov-2011
Unmarried Couple – Equal division displaced
The parties were unmarried but had lived together. They now disputed the shares in which they had held the family home. It had been bought in joint names, but after Mr Kernott (K) left in 1993, Ms Jones (J) had made all payments on the house. She . .
CitedIn re T (a Minor) CA 24-Oct-1996
C was born with a liver defect. After a failed operation, the parents, both caring health professionals, decided not to put him through major surgery again. The local authority and doctors obtained an order to allow a potentially life saving liver . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 16 May 2022; Ref: scu.184400

In Re Mohamed Arif (an infant): 1968

The control of the wardship court over the person of its ward is far from absolute. It is ousted in a wide variety of situations in which the law has entrusted such controlled persons other than those having responsibility for the upbringing of the ward. This limiting principle may be expressed more generally by saying that the wardship court has no power to exempt its ward from the general law, or to obtain for its ward rights and privileges not generally available to children who are not wards of court; or by saying that the wardship court can seek to achieve for its ward all that wise parents and guardians acting in concert and exclusively for the interest of the child could achieve, but no more.

Judges:

Russell LJ

Citations:

[1968] Ch 642

Children

Updated: 16 May 2022; Ref: scu.184569

Re B (A Child): FD 31 Jul 2014

The child had been taken to Pakistan by one of the now separated parents. Not knowing that P had been so taken, the other mother applied for an order to help her find her, and for contact. Having learnt that the respondent had taken her to Pakistan, the appellant also applied for orders that B should be made a ward of court and be returned to England.
Held: Hogg J dismissed both of the appellant’s applications. It was common ground that the respondent and B had been habitually resident in England. When departing for Pakistan on that date, the respondent had genuinely intended to make a new life for herself and for B there and her motivation had not been to evade the appellant’s increasing demands to be allowed to play a fuller role in B’s life. So Hogg J held that the respondent had lost her own habitual residence in England. She accepted that the appellant had been a significant person in B’s life, particularly prior to the breakdown of the relationship between the two women; that the appellant still had much to offer B; and that B had said that she would miss the appellant and had wished to remain in touch with her. But, asked Hogg J, was B’s wish to remain in touch with the appellant enough to sustain a continuation of her habitual residence in England? Her answer was no.

Judges:

Hogg J

Citations:

[2014] EWHC 3017 (Fam)

Jurisdiction:

England and Wales

Cited by:

At First InstanceRe B (A Child) SC 3-Feb-2016
Habitual Residence of Child not lost
(Orse In re B (A Child) (Reunite International Child Abduction Centre intervening)) The Court considered the notion of habitual residence. The British girl with same sex parents had been taken to Pakistan, and her mother here sought her return. The . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 16 May 2022; Ref: scu.606037

Ruiz Zambrano (European Citizenship): ECJ 8 Mar 2011

ECJ Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the previous exercise by him of his right of free movement in the territory of the Member States – Grant, in the same circumstances, of a derived right of residence, to an ascendant relative, a third country national, upon whom the minor child is dependent – Consequences of the right of residence of the minor child on the employment law requirements to be fulfilled by the third-country national ascendant relative of that minor
A Colombian national had been living in Belgium with his wife, and working (and paying social security contributions), but without a right to reside. Their three children, born between 2003 and 2005, acquired Belgian nationality at birth, and with it European citizenship and the right of free movement, under article 20 of the Treaty on the Functioning of the European Union (‘TFEU’). When in 2005 he lost his job, he was refused unemployment benefit, because under the relevant national law that depended on his having a right to reside. The European court held that the refusal of such a right was unlawful because it would result in the children being deprived of effective enjoyment of their rights as European citizens.

Judges:

Skouris P

Citations:

[2011] EUECJ C-34/09, C-34/09, [2011] All ER (EC) 491, [2011] 2 FCR 491, [2011] ECR I-1177, [2011] Imm AR 521, [2012] QB 265, [2011] INLR 481, ECLI:EU:C:2011:124, [2011] 2 CMLR 46, [2012] 2 WLR 886

Links:

Bailii

Statutes:

Charter of Fundamental Rights of the European Union, TFEU 20

Jurisdiction:

European

Citing:

OpinionRuiz Zambrano (European Citizenship) ECJ 30-Sep-2010
ECJ Opinion – Articles 18, 20 and 21 TFEU – Fundamental rights as general principles of European Union law – Article 7 of the Charter of Fundamental Rights of the European Union – European citizenship – . .

Cited by:

CitedCampbell (Exclusion; Zambrano) Jamaica UTIAC 21-Mar-2013
UTIAC 1. Exclusion decisions are not be confused with exclusion orders.
2. It is settled law that the Secretary of State has the power to make an exclusion decision: see R (on the application of Naik) v . .
CitedNzolameso v City of Westminster SC 2-Apr-2015
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she . .
CitedAgyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department SC 22-Feb-2017
Applications were made by foreign nationals, residing unlawfully in the UK, for leave to remain as the partners of British citizens with whom they had formed relationships during their unlawful residence, relying primarily on the duty imposed on the . .
CitedDereci and Others (European Citizenship) ECJ 15-Nov-2011
ECJ Grand Chamber – Citizenship of the Union – Right of residence of nationals of third countries who are family members of Union citizens – Refusal based on the citizen’s failure to exercise the right to freedom . .
CitedHC, Regina (on The Application of) v Secretary of State for Work and Pensions SC 15-Nov-2017
This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC . .
CitedSanneh, Regina (on The Application of) v Secretary of State for Work and Pensions Admn 30-Apr-2012
Challenge to payment of Zambrano Income Support . .
CitedDH (Jamaica) v Secretary of State for The Home Department CA 21-Dec-2012
Elias LJ said: ‘The right of residence is a right to reside in the territory of the EU. It is not a right to any particular quality of life or to any particular standard of living. Accordingly, there is no impediment to exercising the right to . .
CitedSanneh, Regina (on The Application of) v The Secretary of State for Work and Pensions and Another Admn 10-Apr-2013
. .
CitedSanneh and Others v Secretary of State for Work and Pensions CA 10-Feb-2015
The appeals concerned the question of whether ‘Zambrano carers’, who are non-EU citizens responsible for the care of an EU citizen child, are entitled to social assistance (that is, non-contributory welfare benefits) on the same basis as EU citizens . .
CitedSecretary Of State For The Home Department v CS (Judgment : Citizenship Of The Union) ECJ 13-Sep-2016
The Court of Justice held: ‘that there are very specific situations in which, despite the fact that the secondary law on the right of residence of third-country nationals does not apply and the Union citizen concerned has not made use of his freedom . .
CitedRendon Marin (Judgment : Citizenship Of The Union) ECJ 13-Sep-2016
ECJ (Grand Chamber) Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Directive 2004/38/EC – Right of a third-country national with a criminal record to reside in a Member . .
CitedPatel v Secretary of State for The Home Department SC 16-Dec-2019
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to
reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union . .
Lists of cited by and citing cases may be incomplete.

European, Immigration, Children

Leading Case

Updated: 16 May 2022; Ref: scu.452172

JM (A Minor) v Runeckles: QBD 1984

Mann J considered the conditions for criminal responsibility in a child under 14 and said: ‘I would respectfully adopt the learned judge’s use of the phrase ‘seriously wrong’. I regard an act which a child knew to be morally wrong as being but one type of those acts which a child can appreciate to be seriously wrong. I think it is unnecessary to show that the child appreciated that his or her action was morally wrong. It is sufficient that the child appreciated the action was seriously wrong. A court has to look for something beyond mere naughtiness or childish mischief.’

Judges:

Mann J

Citations:

(1984) 79 Cr AppR 255

Jurisdiction:

England and Wales

Cited by:

CitedJTB, Regina v HL 29-Apr-2009
The defendant appealed against his convictions for sexual assaults. He was aged twelve at the time of the offences, but had been prevented from arguing that he had not known that what he was doing was wrong. The House was asked whether the effect of . .
Lists of cited by and citing cases may be incomplete.

Crime, Children

Updated: 15 May 2022; Ref: scu.341784

Regina v Oldham Metropolitan Borough Council ex parte Garlick and similar: HL 19 Mar 1993

No homelessness priority could be established by means of having a child applying for housing, rather than his or her parent. An application by a person suffering mental disability who would also be dependent upon others was also rejected. In each case the true application was by the parent or carer. The Act is concerned with the provision of housing, not social services’ care. A parent or carer would be given priority under the later section by virtue of that care. The authorities’ duties under Part III of the 1985 Act were not owed to dependent children.
Lord Griffiths said: ‘Dependent children are not amongst those classified as in priority need.
Dependent children depend upon their parents or those looking after them to decide where they are to live and the offer of accommodation can only sensibly be made to those in charge of them.
Such a child is in my opinion owed no duty under this Act for it is the intention of the Act that the child’s accommodation will be provided by the parents or those looking after him and it is to those people that the offer of accommodation must be made.
If a family has lost its right to priority treatment through intentional homelessness the parent cannot achieve the same result through the back door by an application in the name of a dependent child.’

Judges:

Lord Griffiths

Citations:

Gazette 07-Jul-1993, Independent 19-Mar-1993, [1993] 2 All ER 65, [1993] 2 WLR 609, [1993] AC 509

Statutes:

Housing Act 1985 59(1) 59(1)(c)

Cited by:

CitedRegina 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 compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
CitedRoyal Borough of Kingston Upon Thames v Prince and Another CA 2-Dec-1998
The Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years.
Held: The 1985 . .
CitedHotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
Lists of cited by and citing cases may be incomplete.

Housing, Children

Updated: 15 May 2022; Ref: scu.87493

R (Mrs) v Central Independent Television Plc: CA 17 Feb 1994

The court did not have power to stop a TV program identifying a ward of court, but which was not about the care of the ward. The first instance court had granted an injunction in relation to a television programme dealing with the arrest and the conviction of a paedophile who was the father of a five year old child. The mother had sought an injunction the terms of which were to ensure that the programme in no way identified the paedophile.
Held: The court allowed the television company’s appeal essentially on the ground that the programme did not so affect the care and upbringing of the child that it was appropriate to invoke the court’s jurisdiction. The court considered that there was no jurisdiction unless the programme could have had that effect. The court should eschew interference with the freedom of the press when exercising its wardship jurisdiction.
Waite LJ said: ‘These authorities establish, in my judgment, that anonymity or confidentiality for a child or its circumstances can only be enforced by injunction in cases where the publicity would, or might in the view of the court threaten the effective working of the court’s own jurisdiction, whether it be in deciding a question about the upbringing of the child, or in exercising, as in Re C [1990] Fam 39, a continuing supervisory role over a child whose future has already been determined. A mere desire to secure for a child the advantages of confidentiality cannot of itself supply such an issue. Confidentiality is an aid to administration of the jurisdiction, and not a right or status which the jurisdiction itself has any power to confer.’
Hoffmann LJ said: ‘In any area of human rights like freedom of speech, I respectfully doubt the wisdom of creating judge made exceptions, particularly when they require a judicial balancing of interests. The danger about such exceptions is that the judges are tempted to use them. The facts of the individual case often seem to demand exceptional treatment because the newspaper’s interest in publication seems trivial and the hurt likely to be inflicted very great. The interests of the individual litigant and the public interest in the freedom of the press are not easily commensurable. It is not surprising that in this case the misery of a five year old girl weighed more heavily with Kirkwood J than the television company’s freedom to publish material which would heighten the dramatic effect of the documentary. That is what one would expect of a sensitive and humane judge exercising the wardship jurisdiction. But no freedom is without cost and in my view the judiciary should not whittle away freedom of speech with ad hoc exceptions. The principle that the press is free from both government and judicial control is more important than the particular case.’
and ‘But this new jurisdiction is concerned only with the privacy of children and their upbringing. It does not extend to ‘injunctive protection of children from publicity which though inimicable to their welfare is not directed at them or those who care for them’ (M and N). It therefore cannot apply to publication of the fact that the child’s father has been convicted of a serious offence, however distressing it may be for the child to be identified as the daughter of such a man. If such a jurisdiction existed it could be exercised to restrain the identification of any convicted criminal who has young children. It may be that the decision in X County Councilcan be brought within Lord Donaldson of Lymington MR’s language because the child’s mother at whose past the intended publication was directed, was actually caring for the child at the time of the application. But the events in question had happened long before the child was born. The publication was not directly concerned with the child or its upbringing, and for my part I think that the judge, for wholly commendable reasons, was asserting a jurisdiction which did not exist.’

Judges:

Waite LJ, Hoffmann LJ

Citations:

Independent 17-Feb-1994, [1994] Fam 192, [1994] 2 FLR 151, [1994] 3 All ER 641

Jurisdiction:

England and Wales

Citing:

CitedIn re M and N (Minors) (Wardship: Publication of Information) CA 1990
The court considered whether to order that a child’s name be not published where the decision to publish would not affect the way in which the child is cared for, the child’s welfare is relevant but not paramount and must be balanced against freedom . .
CitedX County Council v A and another 1984
The court made orders about the future of the child born to Mary Bell, who had been convicted at the age of 11 of the manslaughter of two little boys. He was asked to protect the new identities under which the child and her mother were living. . .

Cited by:

CitedRe S (A Child) CA 10-Jul-2003
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the . .
CitedIn re S (A Child) (Identification: Restrictions on Publication) CA 10-Jul-2003
An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care.
Held: The court must balance the need to protect the child with the need for freedom of the press. The . .
CitedPelling v Bruce-Williams, Secretary of State for Constitutional Affairs intervening CA 5-Jul-2004
The applicant sought an order that his application for a joint residence order should be held in public.
Held: Though there was some attractiveness in the applicant’s arguments, the issue had been fully canvassed by the ECHR. The time had come . .
CitedIn re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
CitedLivingstone v The Adjudication Panel for England Admn 19-Oct-2006
The claimant challenged a finding that as Mayor of London offensive remarks he had made to a journalist as he was pursued leaving a private party had brought his office into disrepute.
Held: The appeal succeeded. Though the remarks may have . .
CitedX and Y v Persons Unknown QBD 8-Nov-2006
The claimants sought an injunction against unknown persons who were said to have divulged confidential matters to newspapers. The order had been served on newspapers who now complained that the order was too uncertain to allow them to know how to . .
CitedMurray v Big Pictures (UK) Ltd; Murray v Express Newspapers CA 7-May-2008
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim . .
CitedKelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
CitedIn Re G (Minors) (Celebrities: Publicity) CA 4-Nov-1998
Where extra publicity might attach to proceedings because of the celebrity of the parents, it was wrong to attach extra restrictions on reporting without proper cause. There remains a need to balance the need for the freedom of speech and the . .
Lists of cited by and citing cases may be incomplete.

Children, Human Rights, Media

Updated: 15 May 2022; Ref: scu.86320

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 order
Butler-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 other parent. It must be demonstrated that there is positive benefit to the child concerned for a s 11 (4) order to be made, and such positive benefit must be demonstrated in the light of the s 1 checklist . . The usual order that would be made in any case where it is necessary to make an order is that there will be residence to one parent and a contact order to the other parent. Consequently, it will be unusual to make a shared residence order. But the decision whether to make such a shared residence order is always in the discretion of the judge on the special facts of the individual case. It is for him alone to make that decision. However, a shared residence order would, in my view, be unlikely to be made if there were concrete issues still arising between the parties which had not been resolved, such as the amount of contact whether it should be staying or visiting contact or another issue such as education, which were muddying the waters and which were creating difficulties between the parties which reflected the way in which the children were moving from one parent to the other in the contact period . . If a child, on the other hand, has a settled home with one parent and substantial staying contact with the other parent, which has been settled, long-standing and working well, or if there are future plans for sharing the time of the children between two parents where all the parties agree and where there is no possibility of confusion in the mind of the child as to where the child will be and the circumstances of the child at any time, this may be, bearing in mind all the other circumstances, a possible basis for a shared residence order, if it can be demonstrated that there is a positive benefit to the child.’

Judges:

Butler-Sloss LJ

Citations:

Times 23-Feb-1994, [1994] 1 FLR 669

Statutes:

Children Act 1989 11(4)

Jurisdiction:

England and Wales

Cited by:

CitedIn re AR (A Child: Relocation) FD 10-Jun-2010
Both parents had parental responsibility. The French mother wished to return to live in France and to take the five year old child with her, applying to court for the appropriate order.
Held: The court pointed to the real difficulties always . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 15 May 2022; Ref: scu.77585

Stray v Stray: 1999

Citations:

[1999] 2 FLR 610

Cited by:

CitedIn re X, (Emergency Protection Orders) FD 16-Mar-2006
Within two hours of a case conference which mentioned possible removal of children, but agreed other steps, the local authority applied for an emergency protection order, and forcibly removed the child from the family.
Held: The decision . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 14 May 2022; Ref: scu.241296

Logan v United Kingdom: ECHR 6 Sep 1996

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.

Citations:

24875/94

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

CitedSecretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 14 May 2022; Ref: scu.239809

Re X (Disclosure of Information): FD 2001

There cannot be an expectation that expert evidence given in a children’s court will always stay confidential. The various aspects of confidentiality will have greater or lesser weight on the facts of each case. Munby J: ‘Wrapped up in this concept of confidentiality there are, as it seems to me, a number of different factors and interests which need to be borne in mind:
(i) First, there is the interest of the particular child concerned in maintaining the confidentiality and privacy of the proceedings in which he has been involved, what . . Balcombe LJ referred to as the ‘curtain of privacy’.
(ii) But there is also, secondly, the interest of litigants generally that those who, to use Lord Shaw of Dunfermline’s famous words in Scott v Scott [1913] AC 417, 482, ‘appeal for the protection of the court in the case of [wards]’ should not thereby suffer ‘the consequence of placing in the light of publicity their truly domestic affairs’. It is very much in the interests of children generally that those who may wish to have recourse to the court in wardship or other proceedings relating to children are not deterred from doing so by the fear that their private affairs will be exposed to the public gaze – private affairs which often involve matters of the most intimate, personal, painful and potentially embarrassing nature. As Lord Shaw of Dunfermline said: ‘The affairs are truly private affairs; the transactions are transactions truly intra familiam’.
(iii) Thirdly, there is a public interest in encouraging frankness in children’s cases, what Nicholls LJ referred to in Brown v Matthews [1990] Ch 662, 681C, as the frank and ready co-operation from people as diverse as doctors, school teachers, neighbours, the child in question, the parents themselves, and other close relations, including other children in the same family, on which the proper functioning of the system depends . . it is very much in the interests of children generally that potential witnesses in such proceedings are not deterred from giving evidence by the fear that their private affairs or privately expressed views will be exposed to the public gaze.
(iv) Fourthly, there is a particular public interest in encouraging frankness in children’s cases on the part of perpetrators of child abuse of whatever kind . . .
(v) Finally, there is a public interest in preserving faith with those who have given evidence to the family court in the belief that it would remain confidential. However, as both Ralph Gibson LJ in Brown v Matthews [1990] Ch 662, 672B . . and Balcombe LJ in In re Manda [1993] Fam 183, 195H . . make clear, whilst persons who give evidence in child proceedings can normally assume that their evidence will remain confidential, they are not entitled to assume that it will remain confidential in all circumstances . . .’

Judges:

Munby J

Citations:

[2001] 2 FLR 440

Jurisdiction:

England and Wales

Citing:

CitedScott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .

Cited by:

CitedBritish Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y FD 24-Nov-2005
Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social . .
CitedNorfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
CitedDoctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 14 May 2022; Ref: scu.237482

Re H (2004): 2004

After the birth C had been placed with a foster carer with a view to adoption. the authority had had concerns about the mother’s ability to care for the child after her treatment of older children. The mother found a more stable relationship, and now sought an assessment, and was supported by the guardian and psychiatrist. The authority agreed that some assessment was necessary, but not a residential assessment.
Held: The authority’s proposal would further delay the final order against C’s interests. The changes in the mother’s lifestyle, and the support which would be provided, justified the proposed intensive residential assessment. Without a residential assessment, the court would be deprived of evidence it would need to make the order. The mother’s appeal succeeded.

Citations:

[2004] EWHC 1628 (Fam)

Statutes:

Children Act 1989 38(6)

Jurisdiction:

England and Wales

Children

Updated: 13 May 2022; Ref: scu.228171

Re ET (Serious Injuries: Standard of Proof): FD 2003

The court heard a care application in which the baby had sustained skull, brain and other injuries alleged to be at the hands of her parents.
Held: The standard of proof was the civil standard of the balance of probabilities and directed himself according to the principles in re H. ‘Although the result is much the same, this [the cogency requirement] does not mean that where a serious allegation is in issue the standard of proof required is higher. It means only that the inherent probability or improbability of an event is itself a matter to be taken into account when weighing the probabilities and deciding whether, on balance, the event occurred.
So it may very well be that, in looking at these more recent dicta, one is (as Miss Ball put it) somewhat ‘dancing on the head of a pin’; and no counsel has gone so far as to submit to me that, in a serious case such as this, it is now the criminal standard which should in terms be directly applied.
I therefore propose, in applying the civil standard and the re H (Minors)(Sexual Abuse: Standard of Proof) [1996] AC 563 . . cogency test here, to have well in mind the dicta in the latter two cases just cited. So, whenever in this judgment I ‘find’ something occurred, or expressed myself ‘satisfied’ or ‘persuaded’ of some fact or other, it is in the light of the authorities which I have just been discussing and on the basis that, in this very serious case, the difference between the civil and the criminal standards of proof is ‘largely illusory’.’

Judges:

Bodey J

Citations:

[2003] 2 FLR 1205

Citing:

AppliedIn re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
CitedB v Chief Constable of Avon and Somerset Constabulary QBD 5-Apr-2000
The defendant appealed the making of a sex offender order under 1998 Act. The justices had found that the defendant was a sex offender within section 2(1)(a) and that he had acted on a number of occasions in a way which brought him within section . .

Cited by:

DoubtedIn re LU (A Child); In re LB (A Child) (Serious Injury: Standard of Proof); re U (A Child) (Department for Education and Skills intervening) CA 14-May-2004
In each case, the other parent appealed care orders where she had been found to have injured her children. In each case the sole evidence was the injury to the child’s health and expert medical evidence. The cases were referred following the . .
Lists of cited by and citing cases may be incomplete.

Evidence, Children

Updated: 13 May 2022; Ref: scu.196918

A Health Authority v X (Discovery: Medical Conduct): CA 2001

The court considered whether papers in a children’s case should be made available to the GMC: ‘There is obviously a high public interest, analogous to the public interest in the due administration of criminal justice, in the proper administration of professional disciplinary hearings, particularly in the field of medicine.’ ‘The balance came down in favour of production as it invariably does, save in exceptional cases.’

Judges:

Thorpe LJ

Citations:

[2001] EWCA Civ 2014, [2002] 1 FLR 1045

Jurisdiction:

England and Wales

Citing:

Appeal fromA Health Authority v X (Discovery: Medical Conduct) FD 2001
There is a compelling public interest in authorising the disclosure of documents to the General Medical Council if they ‘are or may be relevant to the General Medical Council carrying out its statutory duties to protect the public against possible . .

Cited by:

Appealed toA Health Authority v X (Discovery: Medical Conduct) FD 2001
There is a compelling public interest in authorising the disclosure of documents to the General Medical Council if they ‘are or may be relevant to the General Medical Council carrying out its statutory duties to protect the public against possible . .
CitedKent 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 . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Children

Updated: 13 May 2022; Ref: scu.194857

In re D (Simultaneous applications for care order and freeing order): 1999

The judge considering two applications for a care order and an adoption order had confused the proper order of issues to be considered, and that error contaminated his decision. The two should be dealt with in sequence.

Judges:

Thorpe LJ

Citations:

[1999] 2 FLR 49

Jurisdiction:

England and Wales

Cited by:

AppliedIn re M (a Minor) (Care order: Freeing Application) CA 18-Dec-2003
Where a local authority sought both a care order and an order freeing the child for adoption, the court must be careful to distinguish between the applications. The care application should be dealt with first. . .
Lists of cited by and citing cases may be incomplete.

Children, Adoption

Updated: 13 May 2022; Ref: scu.190239

In re M (Care: Challenging decisions by local authority): 2001

Citations:

(2001) 2 FLR 1300

Jurisdiction:

England and Wales

Cited by:

CitedC and Another v Bury Metropolitan Borough Council FD 18-Jul-2002
Where a children case involving a challenge to a care plan or the placement of children in care would raise issues under the Human Rights legislation, the case should normally be heard before a High Court judge of the Family Division. If possible it . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 12 May 2022; Ref: scu.181248

Re G (Care proceedings: split trials): CA 2001

In a situation where an application is made for a care order, and the threshold criteria are met, but the court cannot decide which carer is responsible, the preferable interpretation is that in such cases the court is able to proceed at the welfare stage on the footing that each of the possible perpetrators is a possible perpetrator. The fact that a judge cannot always decide which means that when one gets to the welfare hearing, he has to proceed on the basis that each is a possible perpetrator. This accords with the basic principle that in considering the requirements of the child’s welfare the court will have regard to all the circumstances of the case. ‘When the facts found at the preliminary hearing leave open the possibility that a parent or other carer was a perpetrator of proved harm, it would not be right for that conclusion to be excluded from consideration at the disposal hearing as one of the matters to be taken into account. The importance to be attached to that possibility, as to every feature of the case, necessarily depends on the circumstances.’

Judges:

Hale LJ

Citations:

[2001] 1 FLR 872

Statutes:

Children Act 1989 31(2)

Jurisdiction:

England and Wales

Cited by:

CitedIn re O and N (Minors); In re B (Minors) (Care: Preliminary hearing) HL 3-Apr-2003
The appeals were from conflicting decisions in care applications where one or other or both parents were guilty of lack of care, but there was no evidence to say which was responsible.
Held: The threshold criteria had been met, and the court . .
CitedNorth Yorkshire County Council v SA and others CA 1-Jul-2003
The child was taken to hospital with injuries which the doctors concluded were non-accidental. The identity of the abuser was in doubt.
Held: The court set out to identify the procedures in cases involving suspected non-accidental injuries . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 12 May 2022; Ref: scu.180421

Teame v Aberash and Others; Regina v Secretary of State for Home Dept ex parte Teame: CA 8 Apr 1994

Home Secretary may order deportation of a child’s guardian despite a pending appeal for residence order in favour of the applicant. Such a deportation would not be a contempt of court.

Citations:

Ind Summary 02-May-1994, Times 08-Apr-1994

Statutes:

Immigration Act 1971

Jurisdiction:

England and Wales

Immigration, Children

Updated: 11 May 2022; Ref: scu.89759

In Re H (A Child) (Abduction: Rights of Custody): CA 16 Nov 1999

Once a court has become involved in the issues surrounding the ‘right of custody’ of a child as set down in the convention, an English court would not attempt to substitute its own jurisdiction. The child was of unmarried parents in Ireland. The father applied to the court there for contact, and the mother left to come to England. The additional application for guardianship made the court seised of the custody issue. The term should be interpreted widely.

Citations:

Times 16-Nov-1999, Gazette 08-Dec-1999

Statutes:

Civil Aspects of International Child Abduction Act 1980

Jurisdiction:

England and Wales

Citing:

Appealed toIn Re H (A Child) (Abduction: Rights of Custody) HL 3-Feb-2000
It was possible for the court itself to have sufficient rights of custody under the Convention to allow a party to apply on the basis that an abduction had interfered with those rights of custody. A father had begun proceedings but did not himself . .

Cited by:

Appeal fromIn Re H (A Child) (Abduction: Rights of Custody) HL 3-Feb-2000
It was possible for the court itself to have sufficient rights of custody under the Convention to allow a party to apply on the basis that an abduction had interfered with those rights of custody. A father had begun proceedings but did not himself . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 10 May 2022; Ref: scu.81912

In Re J (A Minor) (Prohibited Steps Order: Circumcision): CA 22 Dec 1999

Where there was a dispute between parents as to the necessity or propriety of circumcising a child, it was appropriate that the court should be involved to make the decision. Such decisions were vital to the child’s upbringing and irreversible. Here the court had properly considered the matters before him. One parent was not able to make such a decision against the wishes of the other. The circumcision of the child should only be carried out where the parents agree or where a court, in settling the dispute between them, decides that the operation is in the best interests of the child. The President said ‘There is, in my view, a small group of important decisions made on behalf of a child which, in the absence of agreement of those with parental responsibility, ought not to be carried out or arranged by one parent carer although she has parental responsibility under section 2(7) of the Children Act 1989. Such a decision ought not to be made without the specific approval of the court. Sterilisation is one example. The change of a child’s surname is another.’

Citations:

Times 22-Dec-1999, [2000] 1 FLR 571

Statutes:

Children Act 1989 2(7)

Jurisdiction:

England and Wales

Cited by:

CitedIn re C (a Child) (Immunisation: Parental rights); In re F (a Child) (Imminisation: Parental rights) CA 30-Jul-2003
In two actions heard together, single mothers resisted attempts to have their children immunised at the behest of the fathers, who in each case had parental responsibility.
Held: A one-parent carer did not have the freedom to make such a . .
CitedB (A Child); Re C (Welfare of Child: Immunisation) CA 30-Jul-2003
The father sought a specific issue order for the immunisation of his child in particular with the MMR vaccine. The mother opposed all immunisation.
Held: Whether a child was to be refused immunisation was an issue on which both parents should . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 10 May 2022; Ref: scu.81957

In Re F (A Child): CA 13 Oct 1999

Where a child, having attained sixteen, but with severe mental disability, sought to return home where the local authority feared she might be the victim of abuse, the proper approach was to seek wardship, where she might have separate representation. An application for the displacement of the father as the nearest relative was inappropriate, since her choice was not seriously irresponsible.

Citations:

Gazette 13-Oct-1999, Times 19-Oct-1999, Gazette 08-Dec-1999

Statutes:

Mental Health Act 1983 1(2)

Jurisdiction:

England and Wales

Children

Updated: 10 May 2022; Ref: scu.81872

In Re K (A Minor) (Removal From Jurisdiction: Practice): CA 2 Sep 1999

Hearings involving the temporary removal of a child to a non-Convention country needed full preparation, and must be heard by a Family Division judge. The magnitude of the risks and the irretrievable consequences required this. Care should be taken to implement the fullest safeguards, and if necessary expert evidence on the practicality of enforcing such safeguards in that country in the case of breach.

Citations:

Gazette 02-Sep-1999

Statutes:

Convention on the Civil Aspects of International Child Abduction 1980

Jurisdiction:

England and Wales

Children, International

Updated: 10 May 2022; Ref: scu.81971

In Re B (A Child) (Split Hearings: Jurisdiction): CA 17 Dec 1999

There had been a split hearing with regard to an application for a child to be committed to the care of the local authority. At the hearing to look into the facts, the court preferred the evidence of a lay witness over medical evidence as to the timing of injuries. The local authority appealed against the findings of fact, and it was held that such an appellate jurisdiction to hear an appeal on the facts where they were determinative under the Act, and the judge had here failed to give reasons to support the decision to reject the expert opinion.

Citations:

Gazette 17-Dec-1999, Times 18-Jan-2000

Statutes:

County Courts Act 1984 77

Jurisdiction:

England and Wales

Litigation Practice, Children

Updated: 10 May 2022; Ref: scu.81704

L v F: 31 Jul 1978

The court heard an application with regard to a proposed change of a child’s surname. The child was living en famille with its mother, stepfather and half-sister. It heard evidence from a distinguished psychologist that ‘when they grew older, children were often greatly concerned with their biological origin’
Held: The application to change the child’s surname was refused. Latey J said: ‘Today divorce was commonplace. The fact that the children’s surname was different from that of the mother and their half-sister would not cause embarrassment. The children would have a better sense of security if there was cooperation between the parents and the step-father.’

Judges:

Latey J

Citations:

Times 31-Jul-1978

Jurisdiction:

England and Wales

Cited by:

ApprovedW v A (Minor: Surname) CA 1981
The mother of the child sought to change the child’s surname from that of the child’s father to that of her new husband.
Held: The application was refused. Dunn LJ referred to the importance of maintaining the child’s links with the paternal . .
CitedDawson v Wearmouth HL 4-Feb-1999
The parents were unmarried. The mother had registered the child under her former partner’s surname. The father sought an order that his name be used instead. The mother’s apeal against an order to that effect had succeeded.
Held: The father’s . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 10 May 2022; Ref: scu.270803

Re B (Disclosure to Other Parties): 2001

Witnesses and others involved in children proceedings have article 8 rights.

Citations:

[2001] 2 FLR 1017

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

CitedDoorson v The Netherlands ECHR 26-Mar-1996
Evidence was given in criminal trials by anonymous witnesses and evidence was also read as a result of a witness having appeared at the trial but then absconded. The defendant was convicted of drug trafficking. As regards the anonymous witnesses, . .
CitedZ v Finland ECHR 25-Feb-1997
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with . .

Cited by:

CitedNorfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
Lists of cited by and citing cases may be incomplete.

Children, Human Rights

Updated: 10 May 2022; Ref: scu.245943

Re M (Care: Challenging Decisions by Local Authority): FD 2001

Local authorities involved in care proceedings will infringe the rights of parents and other individual parties to them under both Article 6 and Article 8 of the Convention unless they conduct themselves with integrity, transparency and inclusiveness so as to satisfy the family’s rights, necessarily to be construed in a wide sense, to a fair hearing and to respect for their private and family life.
Held: The mother’s appeal against the care order was dismissed.

Judges:

Holman J

Citations:

[2001] 2 FLR 1300

Jurisdiction:

England and Wales

Cited by:

CitedNJ v Essex County Council and Another; In re J (Care: Assessment: Fair Trial); Re J (a child) (care proceedings: fair trial) CA 11-May-2006
The family complained that the local authority had, in assessing the need for a care order, failed to follow the guideliens set down in In Re L, leading to an infringement of their human rights.
Held: Neither in the lower court nor here had . .
CitedCheshire County Council and others v DS (Father) and others CA 15-Mar-2007
The court granted an appeal in care proceedings, but examined the relationship between the court and local authorities. There had been a late change in the proposed care plan and an application by grandparents to be made party. Some in the . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government, Human Rights

Updated: 10 May 2022; Ref: scu.242871

Re R (Abduction: Habitual Residence): 2004

Citations:

[2004] 1 FLR 216

Jurisdiction:

England and Wales

Cited by:

CitedA 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 . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 09 May 2022; Ref: scu.588976

Mozes v Mozes: 9 Jan 2001

United States Court of Appeals, Ninth Circuit

Judges:

KOZINSKI and THOMAS, Circuit Judges, and ILLSTON, District Judge

Citations:

[2001] USCA9 16, 239 F.3d 1067 (9th Cir. 2001)

Links:

Worldlii

Statutes:

Hague Convention on the Civil Aspects of International Child Abduction

Jurisdiction:

United States

Cited by:

CitedA 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 . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 09 May 2022; Ref: scu.588979

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 will take; (3) the likely cost to public funds; (4) the evidential result; (5) the necessity or otherwise of the investigation; (6) the relevance of the potential result of the investigation to the future care plans for the child; (7) the impact of any fact finding process upon the other parties; (8) the prospects of a fair trial on the issue; (9) the justice of the case.

Judges:

McFarlane J

Citations:

[2005] EWHC 1593 (Fam), [2005] 2 FLR 1031

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedIn re W (A Child); AW v SW CA 30-Oct-2008
The father sought leave to appeal against an order made on his application for contact. The mother appeared to have encouraged great hostility in the children toward the father. The court had decided that the children were aroaching ages when they . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 09 May 2022; Ref: scu.279011

In Re J (A Minor) (Medical Treatment): FD 8 Jul 1992

The Court should be slow to interfere in the exercise of a bona fide clinical judgment to withdraw treatment from a patient, and may overrule a child’s wishes as to the need for medical treatment even though she expressed her wishes clearly.

Citations:

Gazette 08-Jul-1992

Statutes:

Children Act 1989 100(3)

Cited by:

Appeal fromIn Re J (A Minor) (Child in Care: Medical Treatment) CA 26-Aug-1992
. .
Lists of cited by and citing cases may be incomplete.

Children, Health

Updated: 08 May 2022; Ref: scu.81951

Practice Direction (Minor: Independent Reporter): 1983

An ‘independent’ reporter may not interview the ward without the court’s leave.

Citations:

[1983] 1 All ER 1097, [1983] 1 WLR 416

Jurisdiction:

England and Wales

Cited by:

CitedRe A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Children, Litigation Practice

Updated: 08 May 2022; Ref: scu.588207

Hope v Hope: 5 Aug 1854

A child owed allegiance to the Crown and in return the Crown had a protective or parens patriae jurisdiction over the child wherever he was. Lord Cranworth LC explained this: ‘The jurisdiction of this Court, which is entrusted to the holder of the Great Seal as the representative of the Crown, with regard to the custody of infants rests upon this ground, that it is the interest of the State and of the Sovereign that children should be properly brought up and educated ; and according to the principle of our law, the Sovereign, as parens patriae, is bound to look to the maintenance and education (as far as it has the means of judging) of all his subjects. The first question then is, whether this principle applies to children born out of the allegiance of the Crown ; and I confess that I do not entertain any doubt upon the point, because the moment that it is established by statute that the children of a natural born father born out of the Queen’s allegiance are to all intents and purposes to be treated as British born subjects, of course it is clear that one of the incidents of a British born subject is, that he or she is entitled to the protection of the Crown, as parens patria.’

Judges:

Lord Cranworth LC

Citations:

[1854] EngR 805, (1854) 4 De GM and G 328, (1854) 43 ER 534

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

CitedA 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 . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 07 May 2022; Ref: scu.293662

In re S (Permission to seek relief); In re E (Permission to seek relief): CA 18 Aug 2006

Each father appealed orders under the section restricting conditionally their right to make applications under the Act without permission.
Held: S91 orders must state their term, and the nature of the application to which it related, but must not then add conditions. Orders made without a limit of time should be the exception. The main thrust of the case law and legislation was that it is generally in the child’s interest to maintain contact with both parents unless there are compelling reasons otherwise. Therefore before a s91 order is made the parent to be affected should have opportunity to consider and be heard on it. Where a need for an order became apparent during a hearing a short adjournment would normally be proper.

Judges:

Thorpe, Wall LJJ

Citations:

Times 13-Sep-2006

Statutes:

Children Act 1989 91(14)

Jurisdiction:

England and Wales

Citing:

CitedIn Re P (Minor) (Residence Order: Child’s Welfare) CA 11-May-1999
In an application to vary a residence order to return a child to natural from foster parents, no preference was to be given to the natural parents. Their religious views were relevant but not paramount, and a child might be raised in a different . .
CitedIn re N (section 91(14) order) FD 1996
. .
CitedIn re A (Application for leave) CA 1998
An application for leave to apply under the Act by a person subject to an order under section 91 should be made inter partes. . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 07 May 2022; Ref: scu.245023

Re M (Abduction: Acquiescence): FD 1996

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.’

Judges:

Thorpe J

Citations:

[1996] 1 FLR 315

Jurisdiction:

England and Wales

Citing:

CitedRe S (A Minor) (Abduction) CA 1991
The court considered what would constitute a child being ‘settled’ under the 1985 Act: ‘I now turn to the last matter, which is art. 12, as to whether in these circumstances it has been demonstrated that Katharine in now settled in her new . .
CitedRe N (Minors) (Abduction) FD 2-Jan-1991
The court considered the degree of settlement that had to be proved under the Act: ‘The second question which has arisen is: what is the degree of settlement which has to be demonstrated? There is some force, I find, in the argument that legal . .

Cited by:

CitedCannon v Cannon CA 19-Oct-2004
The mother had brought the child to the UK wrongfully. She had hidden their identity for more than a year. Upon discovering her, the father came to England and began proceedings for the child’s return to the US.
Held: Because the child’s . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 06 May 2022; Ref: scu.219121

Re B (A Minor): FD 15 Dec 1989

Ewbank J considered the case of a ward of court, aged 17.5 years who had been arrested by the police on suspicion of burglary and said: ‘After he was arrested he was interviewed by the police who did not know that he was a ward of court. They became aware that he was a ward of court at his trial, and the police accordingly brought the matter to the attention of the wardship court on the basis of the Practice Direction of 18 July 1988 . .
It is suggested that the wording of . . paragraph [(b)] implies that, if there is no urgency about the interviews, leave ought to be sought; and if prior leave has not been obtained, subsequent approval should be sought. I am told that these matters are going to be the subject of an application to the President in due course . .
The statutory provision in relation to interviews with children in police detention are contained in s 57 of the Police and Criminal Evidence Act 1984. This provides that where a child or young person is in police detention various steps must be taken. These provisions apply to children under 17 and do not apply to children over 17. The ward was 17.5, and accordingly under the statutory provision it was not necessary to inform anyone of the arrest or detention of the child.
In the circumstances, in a case of a child over 17 who is a ward of court, in my judgment, it is accordingly not necessary for prior leave to be sought or for subsequent approval to be sought of any steps taken by the police in respect of the arrest or detention of the child. I accordingly make no order on the application in this case.’

Judges:

Ewbank J

Citations:

[1990] FCR 469

Jurisdiction:

England and Wales

Cited by:

CitedRe A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Children, Police

Updated: 06 May 2022; Ref: scu.588220

Practice Direction (Ward: Witness at Trial) (No 2): FD 18 Jul 1988

‘The registrar’s direction of 11 November 1987, Practice Direction (Ward: Witness at Trial) [1987] 1 W.L.R. 1739, set out the procedure to be followed to obtain leave for the police to interview a child who is a ward of court. It provided that all applications for leave should be made to a judge on summons on notice to all parties.
That procedure is hereby modified to the extent that where a party may become the subject of a criminal investigation and it is considered necessary for the ward to be able to be interviewed without that party knowing that the police are making inquiries, the application for leave may be made ex parte to a judge without notice to that party. Notice should, however, where practicable be given to the guardian ad litem.
There will be other occasions where the police need to deal with complaints, or alleged offences, concerning wards where it is appropriate, if not essential, for action to be taken straight away without the prior leave of the wardship court. Typical examples may be: (a) serious offences against the ward such as rape, where the medical examination and the collection of forensic evidence ought to be carried out promptly, (b) where the ward is suspected by the police of having committed a criminal act and the police wish to interview him in respect of that matter, (c) where the police wish to interview the ward as a potential witness. This list is not exhaustive. There will inevitably be other instances where immediate action is appropriate.
The President and judges of the Family Division are of the opinion that, where any such instances are encountered, the police should notify the parent or foster parent with whom the ward is living or other ‘appropriate adult’ within the Home Office Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers, so that that adult has the opportunity of being present when the police interview the child. Additionally, if practicable the guardian ad litem (if one has been appointed) should be notified and invited to attend the police interview or to nominate a third party to attend on his behalf. A record of the interview or a copy of any statement made by the ward should be supplied to the guardian ad litem. Where the ward has been interviewed without the guardian’s knowledge he should be informed at the earliest opportunity and (if it be the case) that the police wish to conduct further interviews. The wardship court should be appraised of the situation at the earliest possible opportunity thereafter by the guardian ad litem, the parent, foster-parent (through the local authority) or other responsible adult.’

Judges:

Sir Stephen Brown P

Citations:

[1988] 1 WLR 989

Jurisdiction:

England and Wales

Citing:

UpdatedPractice Direction (Ward: Witness at Trial) EW 11-Nov-1987
‘Where the police desire to interview a child who is already a ward of court application must be made for leave for the police to do so . . If it is desired to conduct any interview beyond what is permitted by the order further application should be . .

Cited by:

CitedRe A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Children, Police

Updated: 06 May 2022; Ref: scu.588739

In re A (A Minor) (Wardship: Police Caution): FD 28 Jun 1989

The Court considered the role of the wardship court where the police wished to caution a ward of court. The question fell into two parts. In relation to the first, Cazalet J said this: ‘The decision as to whether to caution in lieu of prosecuting is a matter which is wholly within the discretion of the appropriate prosecuting authority. The question has been raised as to whether, when the juvenile concerned is a ward of court, the court has any power to intervene or play some part in such decision-making process.’
Having referred to In re K (Minors) (Wardship: Criminal Proceedings) [1988] Fam 1, he continued: ‘In my view, similar considerations apply in the present circumstances, and it is for the prosecuting authority and that authority alone to decide whether to caution in lieu of prosecuting in a particular case. The court has no power to intervene in this decision-making process.’

Judges:

Cazalet J

Citations:

[1989] Fam 103

Jurisdiction:

England and Wales

Cited by:

CitedRe A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Children, Police

Updated: 06 May 2022; Ref: scu.588740

In re D (A Minor): 1987

A dispute as to whether the education authority is exercising its powers properly raises matters of public law to be determined by reference not to the principles of family law but to the principles of substantive public law applied by the Administrative Court.
Woolf LJ said: ‘ . . there is no reason whatever why the court should refrain from exercising its jurisdiction when it is desirable for it to do so in order to assist a local education authority to perform its statutory duties. It is only if the effect of exercising its powers would be to create a conflict between the role of the court and the role of the education authority, or the risk of such conflict, that the court should decline to intervene.’

Judges:

Woolf LJ

Citations:

[1987] 1 WLR 1400

Jurisdiction:

England and Wales

Cited by:

CitedRe A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Children, Education

Updated: 06 May 2022; Ref: scu.588163

In re B (Infants): 1962

Citations:

[1962] Ch 201

Jurisdiction:

England and Wales

Cited by:

CitedRe A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Education, Children

Updated: 06 May 2022; Ref: scu.588162

In re R (Wardship: Criminal Proceedings): 1991

Lord Brightman said: ‘Although the prerogative jurisdiction of the High Court in wardship cases remains, nevertheless the exercise of that jurisdiction has been and must continue to be treated as circumscribed by the existence of the statutory code. Therefore, where the court perceives that the action sought of it is within the sphere of discretion of the local authority, there is generally no case for the existence of a wardship order. It is not the function of the High Court to supersede the statutory code, or to control the exercise by the local authority of discretions committed by Parliament to that body, or to supervise the exercise of the statutory powers of the local authority, except within the limits of judicial review.’

Citations:

[1991] Fam 56

Jurisdiction:

England and Wales

Cited by:

CitedRe A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 06 May 2022; Ref: scu.588166

In re T(AJJ) (An Infant): CA 1970

Russell LJ said: ‘But it must be borne in mind that the infant is a ward of court under the judge’s order, and if anyone is minded to question or interview the infant they may well be at risk of being in contempt.’

Judges:

Russell LJ, Cross LJ

Citations:

[1970] Ch 688

Jurisdiction:

England and Wales

Cited by:

CitedRe A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 06 May 2022; Ref: scu.588206

In re a local authority (Inquiry: restraint on publication); A Local Authority v A Health Authority and A: FD 27 Nov 2003

The authority had carried out an inquiry into its handling of an application for a care order. It sought to restrain republication of the report.
Held: There were competing requirements under the Convention. Any jurisdiction to restrain publication must be exercised in such circumstances only to protect the children involved. The scope to act for adults under a disability by letters patent or parens patriae had lapsed, but an inherent jurisdiction remained. Pending any statutory creation, the court would act through the common law doctrine of necessity. Here the action was required for protective rather than a custodial jurisdiction, and again the competing interests under the Convention had to be weighed. In both cases the requirements were met. For the children, and injunction was continued, and for the adults one was made. The balance came down in favour of protecting vulnerable adults by preventing publication of a local authority report: ‘They have had considerable and distressing disruption of their lives and are, as set out in the report, vulnerable. A period of peace, stability and a chance to settle down again after the very real upset of their lives is threatened by the likely intense media cover if this report is published. They are all under some disability but not such, as far as I know, as to prevent possibly all of them, but certainly at least 4 of them, from understanding the impact of press and other media intrusion. That intrusion would affect their daily lives and would be very likely to be disruptive, distressing and contrary to the need for them to settle back in the home. They clearly have rights under article 8 which are engaged and would be breached if the report is published. I am satisfied that publication of the report would be deeply damaging and detrimental to their welfare.
The factors supporting the rights of the vulnerable adults under article 8 have to be balanced against the right of the local authority to publish under article 10. I have found that it would be lawful on their behalf to interfere with the article 10 right of freedom of expression. I have considered very carefully whether to exercise the court’s discretion in favour of the vulnerable adults would be a disproportionate response to the contents of the report, having regard to the importance attached to article 10 by section 12 of the Human Rights Act 1998. I am also fully aware of the factors in favour of not restraining publication of volume 1. I am satisfied, however, that the balancing exercise comes down in favour of recognising the importance of the protection of the vulnerable adults by the granting of a declaration to that effect.’

Judges:

Dame Elizabeth Butler-Sloss P

Citations:

[2003] EWHC Fam 2746, Times 05-Dec-2003, Gazette 22-Jan-2004, [2004] EWHC 2746 (Fam), [2004] Fam 96, [2004] Fam Law 179, [2004] 1 FCR 113, [2004] 1 All ER 480, [2004] 2 WLR 926, (2004) 7 CCL Rep 426, (2004) 76 BMLR 210, [2004] BLGR 117, [2004] 1 FLR 541

Links:

Bailii

Statutes:

European Convention on Human Rights 8 10

Jurisdiction:

England and Wales

Citing:

CitedIn re F (Mental Patient: Sterilisation) HL 4-May-1989
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 . .

Cited by:

CitedE v Channel Four, News International Ltd and St Helens Borough Council FD 1-Jun-2005
The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be . .
CitedIn re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
Lists of cited by and citing cases may be incomplete.

Children, Administrative, Media, Local Government, Human Rights, Information

Updated: 05 May 2022; Ref: scu.188626

In re R (Parental responsibility: IVF baby): CA 19 Feb 2003

The mother and father of the child were not married, but had consented to the terms of their infertility treatment. The father donated his sperm, but the mother was only inseminated after they had separated. The mother appealed a declaration of paternity.
Held: The Act clearly provided that the embryo was created at the time the fertilised embryo was placed in the womb. The time at issue under the Act was whether the act was ‘in the course of treatment services provided for her and a man together’. In this case, at that time, the father and mother were not together, and the biological father was not to be treated as the legal father.

Judges:

Sir Andrew Morritt VC, Hale, Dyson LJJ

Citations:

[2003] EWCA Civ 182, Gazette 03-Apr-2003, [2003] 2 All ER 131, [2003] Fam 129

Statutes:

Human Fertilisation and Embryology Act 1990 28(3), Children Act 1989 4(1)(a) 10(4)

Jurisdiction:

England and Wales

Citing:

CitedU v W (Attorney-General Intervening) FD 4-Mar-1997
The restriction on the freedom to provide human fertility treatment to licensees of the Authority was not a breach of the EU treaty. There is a particular need for certainty in provisions affecting the status of a child. There is a mental element . .
Appeal fromB and D v R FD 22-Feb-2002
The parties were unmarried but entered into IVF treatment together. They separated, but the mother continued with treatment, not telling the IVF center of the breakdown of the first relationship, and nor of her new relationship until after the . .

Cited by:

CitedEvans v Amicus Healthcare Ltd and others CA 25-Jun-2004
The applicant challenged the decision of the court that the sperm donor who had fertilised her eggs to create embryos stored by the respondent IVF clinic, could withdraw his consent to their continued storage or use.
Held: The judge worked . .
Appeal fromIn Re R (Parental responsibility: IVF baby); D (A Child), Re HL 12-May-2005
The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity.
Held: The father’s appeal failed. The Act made statutory provision . .
Lists of cited by and citing cases may be incomplete.

Family, Children

Updated: 05 May 2022; Ref: scu.179542

HB v PB: FD 9 Jul 2013

Claim for costs against third party local authority, Croydon LBC after four day private law fact finding hearing. F said that M had fabricated illnesses both in herself and the child leading to the LA being asked to prepare a report. That report failed to allow for established guidance on the topic, leading to the abandonment of a listing to hear the case.
Held: ‘The failings outlined above (and, in fairness, to some extent conceded by Mr. Calway) comfortably carry this case over the ‘exceptionality’ threshold. The consequence of the Local Authority’s failure to comply appropriately with the direction of the Court was the inevitable abandonment of the fact-finding hearing in December 2012, the requirement for a further directions hearing, and the consequent delay (with its financial and emotional cost to the parties) in re-listing it ‘

Judges:

Cobb J

Citations:

[2013] EWHC 1956 (Fam), [2013] PTSR 1579, [2016] 1 FLR 92, [2015] Fam Law 371, [2013] 5 Costs LR 738, [2013] 3 FCR 318, [2013] Fam Law 1258

Links:

Bailii

Statutes:

Children Act 1989, Family Procedure Rules 2010 28.1, Senior Courts Act 1981 51(1)

Jurisdiction:

England and Wales

Citing:

CitedAiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’) HL 1986
Wide Application of Costs Against Third Party
A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, which were now . .
CitedSymphony Group Plc v Hodgson CA 4-May-1993
A section 51 non-party costs application should not be used as a substitute for the pursuit of a related cause of action against the non-party in ordinary proceedings. Nine rules were set out for allowing a costs order against someone who is not a . .
CitedA and S (Children) v Lancashire County Council FD 17-Apr-2013
The children applied for their costs. They had been made subject of freeing orders on the application of the respondent, but had then successfully appealed against the orders, saying that their human rights had been infringed. . .
CitedNorthampton Health Authority v The Official Solicitor and the Governors of St Andrews Hospital 1994
. .
CitedIn re T (Children) SC 25-Jul-2012
The local authority had commenced care proceedings, alleging abuse. After lengthy proceedings, of seven men and two grandparents, all but one were exonerated. The grandparents had not been entitled to legal aid, and had had to mortgage their house . .
CitedLondon Borough of Sutton v Davis (Costs) (No 2) 1994
In cases involving children costs awarded against one parent or another are exceptional since the court is anxious to avoid the situation where a parent may feel ‘punished’ by the other parent which will reduce co-operation between them. This will . .
CitedKelly v South Manchester Health Authority 1997
A costs order was sought against the Legal Aid Board.
Thomas J. said: ‘In my judgment, the courts do have power in an appropriate and exceptional case to make an order in respect of costs against the board under section 51(1); the role of the . .
CitedGlobe Equities Ltd v Globe Legal Services Ltd and others CA 5-Mar-1999
The defendant’s solicitors appealed an order making them liable for costs in defending an action brought by the landlord. . .
CitedCoventry City Council v X, Y and Z (Care Proceedings: Costs: Identification of Local Authority) FD 27-Sep-2010
Order made for identification of local authority criticised in care proceedings and order for costs. . .
CitedProvidence Capitol Trustees Ltd v Ayres ChD 1996
If the Pensions Ombudsman takes part in an appeal and makes himself a party to the lis, he is at risk as to the costs of the appeal. It may be appropriate to make an application before the main hearing to settle such issues. The ombudsman will only . .
CitedPalmer v The Estate of Kevin Palmer Deceased and others CA 6-Feb-2008
The judge had concluded that the insurers’ conduct of an unsuccessful defence was sufficiently self-motivated to make it the real defendant in all but name, and the Court of Appeal dismissed the appeal against an order that it be liable in costs as . .
CitedDolphin Quays Developments Ltd v Mills and others ChD 17-May-2007
Order for costs against a third party . .
CitedMetalloy Supplies Ltd (In Liquidation) v MA (UK) Ltd CA 7-Oct-1996
A costs order against liquidator of company in litigation is only rarely to be given. The court should ask who is the ‘real’ party to the litigation.
Millett LJ said: ‘[An order] may be made in a wide variety of circumstances where the third . .
CitedIn re X, (Emergency Protection Orders) FD 16-Mar-2006
Within two hours of a case conference which mentioned possible removal of children, but agreed other steps, the local authority applied for an emergency protection order, and forcibly removed the child from the family.
Held: The decision . .
CitedSecretary of State for Trade and Industry v Backhouse CA 26-Jan-2001
A non-party costs order was made against the director, because the defence to the petitions was not conducted in the bona fide belief that it was in the interests of the companies. Instead the director, who had treated the companies’ money as his . .
CitedGoodwood Recoveries Ltd v Breen CA 19-Apr-2005
A claim against the defendant for money owed to someone else had been bought by the claimant of which Slater, a solicitor, was a director and shareholder. The claim was pursued in the name of the claimant by Slater as its solicitor and principal . .
CitedPhillips, Harland (Suing As Administrators of the Estate of Christo Michailidis), Papadimitriou v Symes (A Bankrupt) Robin Symes Limited (In Administrative Receivership) Jean-Louis Domercq ChD 20-Oct-2004
Dr Z had given expert evidence in the principal proceedings. It was now said that that evidence had not been given in the proper way, and a remedy was now sought in costs.
Peter Smith J had held that: ‘It seems to me that in the administration . .
CitedPhillips v Symes CA 2003
Courts should be reluctant to exclude altogether evidence merely because it is written. If the purpose of the order sought was to trace assets it would be wrong to permit cross-examination which was designed to show that there had been a contempt of . .
Lists of cited by and citing cases may be incomplete.

Costs, Children

Updated: 05 May 2022; Ref: scu.512445

In re T (Children): SC 25 Jul 2012

The local authority had commenced care proceedings, alleging abuse. After lengthy proceedings, of seven men and two grandparents, all but one were exonerated. The grandparents had not been entitled to legal aid, and had had to mortgage their house for legal costs. Despite being exonerated, the judge followed the normal practice of not awarding costs in children cases. The Court of Appeal made an order for costs, and the Authority now appealed.
Held: The appeal succeeded. There should be no exception to the general rule of not awarding costs save in case of reprehensible proceedings merely because the hearing had been a discrete fact finding hearing.
The fundamental reason for the difference from other civil proceedings was the absence of the adversarial approach. Care proceedings will usually involve allegations of misconduct. The decision to hold a split hearing was a case management one, and could not found a difference of approach. That injustice might flow where a party could not receive legal aid, was not a reason for transferring a perceived deficiency in public funding onto the local authority. The authority were acting under a public law duty to investigate allegations of child abuse in a role akin to that of a prosecuting authority.
Otherwise: Re T (Children: Care Proceedings: Serious Allegations Not Proved)

Judges:

Lord Phillips (President), Lady Hale, Lord Mance, Lord Dyson, Lord Carnwath

Citations:

[2012] UKSC 36, UKSC 2010/0244, [2012] Fam Law 1325, [2012] 3 FCR 137, [2012] 5 Costs LR 914, [2012] PTSR 1379, [2012] WLR(D) 223, [2012] 1 WLR 2281

Links:

Bailii, Bailii Summary, SC Summary, SC, WLRD

Statutes:

Family Procedure Rules 2010 (SI 2010/2955) 1.2

Jurisdiction:

England and Wales

Citing:

CitedSutton London Borough Council v Davis (Number 2) FD 8-Jul-1994
The local authority had refused to register a childminder, who successfully appealed to the magistrates, who awarded costs in her favour. The local authority appealed against the costs order. In doing so the authority urged the court to apply, by . .
Appeal fromIn re T (A Child) CA 18-Nov-2010
Paternal grandparents appealed against a refusal to make an order for costs in their favour against the local authority. The refusal was made in the course of care proceedings brought by the local authority in relation to two grandchildren. The . .
CitedB (M) v B (R) (Note) CA 1968
The court suggested that it would have been wrong to make an order for costs in a custody dispute because it would exacerbate the feelings between the parents to the ultimate detriment of the child. . .
CitedGojkovic v Gojkovic (No 2) CA 1-Apr-1991
In ancillary relief proceedings, the husband had not made frank disclosure of his assets. The final Calderbank offer of andpound;600,000 was made only the day before the substantive hearing. The offer was rejected. The judge awarded the wife a lump . .
CitedIn re J (Children) (Costs of Fact-Finding Hearing) CA 26-Oct-2009
Mother and father disputed contact. The district judge held a fact finding hearing to resolve allegations of violence made by the mother and denied by the father. Most of the mother’s allegations were held to be established and she sought the costs . .
CitedIn Re M (A Minor) (Local Authority’s Costs) FD 9-Jan-1995
The local authority applied for permission to refuse contact between two children and their parents. The magistrates refused the application and ordered the local authority to pay the father’s costs. The authority appealed.
Held: The appeal . .
CitedR v R (Costs: Child Case); In re R (a Minor) CA 5-Dec-1996
The court analysed the reasons why costs orders were generally not made in cases involving children. . .
CitedIn re X, Y, Z (Minors) FD 18-May-2011
Costs on disputed care proceedings. Local Authority acting unreasonably in disclosure failings. Baker J rejected an application for costs against a local authority by an intervener who had been wholly exonerated in a fact finding hearing that was . .
CitedIn re R (Care: disclosure: nature of proceedings) FD 2002
In care proceedings, unproved allegations of harm were abandoned, before being rejected by the court. The threshold criteria were satisfied on a different ground, namely, neglect and emotional harm.
Held: As matters stood the local authority . .
CitedIn re X, (Emergency Protection Orders) FD 16-Mar-2006
Within two hours of a case conference which mentioned possible removal of children, but agreed other steps, the local authority applied for an emergency protection order, and forcibly removed the child from the family.
Held: The decision . .
CitedIn re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening) HL 11-Jun-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 . .
CitedManchester City Council v G and Others CA 2-Aug-2011
The Council had been found to have wrongfully deprived the applicant of his liberty. They appealed now against an award of costs made against them.
Held: The appeal failed. The judge the power to depart from the usual order made under rule 157 . .
CitedCoventry City Council v X, Y and Z (Care Proceedings: Costs: Identification of Local Authority) FD 27-Sep-2010
Order made for identification of local authority criticised in care proceedings and order for costs. . .
CitedG v E and Others FD 21-Dec-2010
(Court of Protection) Baker J awarded costs against a local authority which had been guilty of misconduct which, he held, justified departure from the general rule. He observed: ‘Parties should be free to bring personal welfare issues to the Court . .
CitedM v London Borough of Croydon CA 8-May-2012
The court considered the proper approach to the award of costs in judicial review proceedings.
Held: The position should be no different for litigation in the Administrative Court from what it is in general civil litigation. . .

Cited by:

CitedRe S (A Child) SC 25-Mar-2015
The Court was asked as to the proper approach to ordering the unsuccessful party to pay the costs of a successful appeal in cases about the care and upbringing of children. It arises in the specific context of a parent’s successful appeal to the . .
CitedHB v PB FD 9-Jul-2013
Claim for costs against third party local authority, Croydon LBC after four day private law fact finding hearing. F said that M had fabricated illnesses both in herself and the child leading to the LA being asked to prepare a report. That report . .
Lists of cited by and citing cases may be incomplete.

Children, Costs

Updated: 04 May 2022; Ref: scu.463147

Coventry City Council v X, Y and Z (Care Proceedings: Costs: Identification of Local Authority): FD 27 Sep 2010

Order made for identification of local authority criticised in care proceedings and order for costs.

Judges:

Clifford Bellamy J

Citations:

[2010] EWHC B22 (Fam), [2011] 1 FLR 1045

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedIn re T (Children) SC 25-Jul-2012
The local authority had commenced care proceedings, alleging abuse. After lengthy proceedings, of seven men and two grandparents, all but one were exonerated. The grandparents had not been entitled to legal aid, and had had to mortgage their house . .
CitedHB v PB FD 9-Jul-2013
Claim for costs against third party local authority, Croydon LBC after four day private law fact finding hearing. F said that M had fabricated illnesses both in herself and the child leading to the LA being asked to prepare a report. That report . .
Lists of cited by and citing cases may be incomplete.

Children, Litigation Practice

Updated: 04 May 2022; Ref: scu.424945

In re W (A Minor) (Adoption Agency: Wardship): 1990

The court considered the requirments for adoption of a child subject to wardship.

Citations:

[1990] Fam 156

Jurisdiction:

England and Wales

Cited by:

CitedRe A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Children, Adoption

Updated: 04 May 2022; Ref: scu.588167

In re G (Children) (Education: Religious Upbringing): CA 4 Oct 2012

The parents, both once ultra orthodox Jews disputed the education of their children after their separation, and after the mother, though still Orthodox, ceased to be a member of the Chareidi community.

Judges:

Maurice Kay, Munby LJJ, Sir Stephen Sedley

Citations:

[2012] EWCA Civ 1233, [2013] 1 FLR 677, [2012] WLR(D) 265

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

CitedOwens v Owens CA 24-Mar-2017
Unreasonable Behaviour must reach criteria
W appealed against the judge’s refusal to grant a decree of divorce. He found that the marriage had broken down irretrievably, but did not find that H had behaved iin such a way that she could not reasonably be expected to live with H.
Held: . .
CitedRe X (A Child) FD 29-Oct-2020
Limited transfusion against young adults wishes
The Court was asked whether a blood transfusion should be administered to a young woman who was almost, not quite, 16, against her profound religious beliefs. X is a Jehovah’s Witness. She has explained to me, in very powerful and moving words, the . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 04 May 2022; Ref: scu.464653

E C-L v DM (Child abduction: Costs): FD 11 Apr 2005

The mother had persistently made false allegations against her husband of abduction and of forgery. She had been permitted to withdraw her originating application. She appealed an order against her for costs, saying that the Convention under which the application was made contained no provision for awarding costs.
Held: Though costs orders were not normally made in such proceedings, one could be made where as here one party had misbehaved, and the other was not a person of means. The absence of an express power under the Convention was not determinative.

Judges:

Ryder J

Citations:

Times 10-May-2005

Statutes:

Child Abduction and Custody Act 1985, Convention on the Civil Aspects of International Child Abduction 1980

Jurisdiction:

England and Wales

Costs, Children

Updated: 30 April 2022; Ref: scu.224769

In re J (Leave to issue application for residence order): 2003

An application was made by a family member (a grandparent) to be joined as a party to care proceedings.
Held: A court should not dismiss such an application without proper inquiry.

Citations:

[2003] 1 FLR 114

Jurisdiction:

England and Wales

Cited by:

CitedIn re W (a Child) (Care proceedings: Leave to apply) FD 11-Nov-2004
Miss W appealed refusal of leave to be made party to care proceedings in respect of her niece. She had wanted to make representations and felt that if not a party her views would not be respected. The application was opposed by the authority and the . .
CitedIn re R (a Child) (Adoption: Contact) CA 18-Aug-2005
The child was placed for adoption. In the period before adoption, contact with her family continued. The prospective adopters said that this was unsettling.
Held: It would be unusual to make an order for contact against the wishes of the . .
CitedIn re R (A Child) CA 18-Aug-2005
An application was made for continued contact after a proposed adoption. The mother was young and had herself lost her family and taken into care when very young.
Held: Her request for permission to appeal failed. Wall LJ ‘I am reasonably . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 30 April 2022; Ref: scu.219836

In Re J (A Minor) (Child in Care: Medical Treatment): CA 26 Aug 1992

Citations:

Gazette 26-Aug-1992, [1993] Fam 15

Jurisdiction:

England and Wales

Citing:

Appeal fromIn Re J (A Minor) (Medical Treatment) FD 8-Jul-1992
The Court should be slow to interfere in the exercise of a bona fide clinical judgment to withdraw treatment from a patient, and may overrule a child’s wishes as to the need for medical treatment even though she expressed her wishes clearly. . .

Cited by:

CitedPortsmouth NHS Trust v Wyatt and others FD 7-Oct-2004
Charlotte Wyatt was born prematurely, and depended for day to day her life on medical support. Her doctors asked to be permitted not to resuscitate her again if she needed it. Her parents asked that she be given whatever chance was available for her . .
CitedKent County Council v G and others HL 24-Nov-2005
A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the . .
Lists of cited by and citing cases may be incomplete.

Children, Health Professions

Updated: 30 April 2022; Ref: scu.216347

Regina v Hammersmith and Fulham LBC ex part D: 1999

It was not outside a local authority’s powers to supply an air ticket to assist a failed asylum seeker to return home with her children.

Judges:

Kay J

Citations:

[1999] 1 FLR 642

Jurisdiction:

England and Wales

Cited by:

CitedM v London Borough of Islington and Another CA 2-Apr-2004
The applicant asylum seeker had had her application refused, and was awaiting a removal order. She had a child and asked the authority to house her pending her removal.
Held: Provided she was not in breach of the removal order, the council had . .
Lists of cited by and citing cases may be incomplete.

Local Government, Children, Immigration

Updated: 29 April 2022; Ref: scu.196548

Regina v Gwynedd County Council ex parte B and Another: 1992

The ambit of the 1980 act does not extend to regulating events arising after a child’s death.

Citations:

[1992] 3 All ER 317

Statutes:

Child Care Act 1980

Jurisdiction:

England and Wales

Citing:

ApprovedRegina v Vann 1851
A parent of a child who had not the means of providing for the burial of the body of his deceased child was not liable to be indicted for the misdemeanour of not providing for its burial, even though a nuisance was occasioned by the body remaining . .

Cited by:

CitedAB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust QBD 26-Mar-2004
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference.
CitedRe JS (Disposal of Body) FD 10-Nov-2016
Child’s Wish for post-mortem cryonic Preservation
JS, a child of 14, anticipating her death from cancer expressed the desire that her body should receive cryonic preservation in the hope that one day a treatment might be available to allow her to be revived, and proceedings were issued. Her parents . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Children

Updated: 29 April 2022; Ref: scu.195009

Secretary of State for Work and Pensions v Jones: FD 2 Jul 2003

The appellant Secretary of State challenged a decision of magistrates as to whether the respondent was the father of a child for whom Child Support was sought. The mother had been married, but had been living with the respondent at the appropriate time. The respondent had refused to provide a DNA sample for testing. The magistrates applied the presumption that a child born in wedlock was the child of the husband.
Held: The magistrates had erred in law. The presumption which followed a refusal to provide a sample was virtually inescapable, and should be given greater weight than the presumption of legitimacy. The result, if the magistrates had been correct, was that a child could never obtain a declaration of paternity, which would impact upon the child’s right to family life.

Judges:

Elizabeth Butler-Sloss President

Citations:

Times 13-Aug-2003, Gazette 18-Sep-2003

Statutes:

Family Law Act 1986

Jurisdiction:

England and Wales

Citing:

AppliedIn Re W v G (Paternity); In Re A (A Minor) CA 18-May-1994
The judge was wrong to limit his ability to draw inferences from a putative father’s refusal to take a test to discover paternity. . .
AppliedIn re G (Parentage: Blood Sample) CA 1997
. .
Lists of cited by and citing cases may be incomplete.

Child Support, Children

Updated: 29 April 2022; Ref: scu.185857

In re C (a Child) (Immunisation: Parental rights); In re F (a Child) (Imminisation: Parental rights): CA 30 Jul 2003

In two actions heard together, single mothers resisted attempts to have their children immunised at the behest of the fathers, who in each case had parental responsibility.
Held: A one-parent carer did not have the freedom to make such a choice when the other parent sought that the child should be immunised. Doctors had provided expert evidence in support of the advisability of immunisations, and the judge had considered the various treatments in turn. Disputes on the value and safety of such treatments ought not to be decided at the behest of one of the two parents in the absence of agreement. Immunisation was not an invasive treatment, and ‘In re J’ did not support the mothers’ cases. It was rather preventive health care, and it was the duty of the State to promote it. The witness employed by the mothers had used junk science, and their case was against the weight of the evidence.

Judges:

Thorpe, Sedley LJJ, Sir Anthony Evans

Citations:

Times 15-Aug-2003

Jurisdiction:

England and Wales

Citing:

Appeal fromIn re C (a Child) (Immunisation: Parental Rights); In re F (a Child) (Immunisation: Parental rights) FD 13-Jun-2003
In each case fathers not married to the mother of the child, but with parental responsibility sought to have the child immunised. The mothers opposed the treatment saying they believed it unsafe.
Held: The children should be immunised. Article . .
CitedIn Re J (A Minor) (Prohibited Steps Order: Circumcision) CA 22-Dec-1999
Where there was a dispute between parents as to the necessity or propriety of circumcising a child, it was appropriate that the court should be involved to make the decision. Such decisions were vital to the child’s upbringing and irreversible. Here . .

Cited by:

Appealed toIn re C (a Child) (Immunisation: Parental Rights); In re F (a Child) (Immunisation: Parental rights) FD 13-Jun-2003
In each case fathers not married to the mother of the child, but with parental responsibility sought to have the child immunised. The mothers opposed the treatment saying they believed it unsafe.
Held: The children should be immunised. Article . .
Lists of cited by and citing cases may be incomplete.

Children, Health

Updated: 29 April 2022; Ref: scu.185873

In re G (Parentage: Blood Sample): CA 1997

Citations:

[1997] 1 FLR 360

Jurisdiction:

England and Wales

Citing:

FollowedIn Re W v G (Paternity); In Re A (A Minor) CA 18-May-1994
The judge was wrong to limit his ability to draw inferences from a putative father’s refusal to take a test to discover paternity. . .

Cited by:

AppliedSecretary of State for Work and Pensions v Jones FD 2-Jul-2003
The appellant Secretary of State challenged a decision of magistrates as to whether the respondent was the father of a child for whom Child Support was sought. The mother had been married, but had been living with the respondent at the appropriate . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 29 April 2022; Ref: scu.185859

In re H (a Minor) (Child abduction: Mother’s Asylum): FD 25 Jul 2003

The mother fled Pakistan and secured asylum here, proving a well founded fear of persecution if she returned. She had brought her son. The father applied for the child to be returned for the courts there to decide his future, saying he had been abducted.
Held: To order the return of the child anticipating the mother could pursue her claim in Pakistan anticipated her being required to return to the country where she had been found to have a proper fear of persecution. The father offered undertakings which it was concluded could provide adequate protection to the mother. Pakistan was not party to the 1980 Convention. The child’s welfare was paramount. The 1980 Convention provided that the optimum programme for the child should be determined from his history, that a decision should be made without reference to a unilateral relocation by one parent, and the duty where tow jurisdictaions may be in conflict for one to cede jurisdiction quickly. In a difficult balancing exercise, the undertakings would make it possible for the wife to plead her case in Pakistan, and the child should be returned.

Judges:

Wilson J

Citations:

Times 08-Aug-2003

Statutes:

Children Act 1989 1, Hague Convention on the Civil Aspects of International Child Abduction 1980 (Cmnd 8281), Child Abduction and Custody Act 1985 P-1, Convention Relating to the Status of Refugees 1951 (Cmd 9171)

Jurisdiction:

England and Wales

Children, Immigration

Updated: 29 April 2022; Ref: scu.185844