Tag: Children

S and J, Regina (on The Application of) v The London Borough of Haringey: Admn 28 Oct 2016

Application for judicial review of a decision by the London Borough of Haringey that the Claimants were not children in need for the purposes of Part III of the Children Act 1989

Neil Cameron QC
[2016] EWHC 2692 (Admin)
Bailii
England and Wales

Children, Immigration

Updated: 24 January 2022; Ref: scu.570551

Re SO: FD 1 Apr 2015

Application for an order in wardship proceedings, or alternatively under the court’s inherent jurisdiction, which would have the effect of amending an existing injunction previously made in the wardship proceedings and extending its duration beyond the ward’s 18th birthday.

Baker J
[2015] EWHC 935 (Fam), [2015] Fam Law 891, [2016] 1 All ER 1021, [2016] 1 FLR 1144, [2016] Fam 333, [2016] 3 WLR 716, [2016] 1 FCR 447
Bailii
England and Wales

Children

Updated: 24 January 2022; Ref: scu.549008

Central Bedfordshire Council v Markwick and Another: FD 12 Oct 2016

Application for the committal of the respondents for contempt of court, having made public matters relating to ourt proceedings involving their grandchildren.
Held: There was insufficient proof, against a straight denial, that the respondents had themselves done the acts complained of, and the complaint failed.

Holman J
[2016] EWHC 2540 (Fam)
Bailii
England and Wales

Children, Contempt of Court

Updated: 24 January 2022; Ref: scu.570273

Re Alcott (No 2): FD 29 Sep 2016

In an application for a summary order for the return of a child to Australia, the court now considered applications for the release of materials in the media.

Alex Verdan QC
[2016] EWHC 2414 (Fam)
Bailii
England and Wales
Citing:
See Also – Alcott (No 1) FD 27-Sep-2016
. .

Lists of cited by and citing cases may be incomplete.

Children, Media, Human Rights

Updated: 23 January 2022; Ref: scu.569860

In re W (A Child): CA 29 Jul 2016

The court was asked as to: ‘a) The approach to be taken in determining a child’s long-term welfare once the child has become fully settled in a prospective adoptive home and, late in the day, a viable family placement is identified;
b) The application of the Supreme Court judgment in Re B [2013] UKSC 33 (‘nothing else will do’) in that context;
c) Whether the individuals whose relationship with a child falls to be considered under Adoption and Children Act 2002, s 1(4)(f) is limited to blood relatives or should include the prospective adopters;
d) Whether it is necessary for a judge expressly to undertake an evaluation in the context of the Human Rights Act l998 in such circumstances and, if so, which rights are engaged.’

Jackson, McFarlane, Lindblom LJJ
[2016] EWCA Civ 793
Bailii
England and Wales

Children

Updated: 20 January 2022; Ref: scu.567809

X, Y and Z, Re (Damages : Inordinate Delay In Issuing Proceedings): FC 23 Feb 2016

Application for declarations and damages pursuant to the Human Rights Act following the two children X and Y being subject to a (purported) s.20 agreement to be accommodated by West Sussex County Council for a period from 19th January 2013 until 15th July 2015 when an interim care order was granted. The application is brought by the mother, Z, and by the Guardian on behalf of the children. The Local Authority state that there has been no breach of their Human Rights and consequently no declarations should be made or damages awarded.

[2016] EWFC B44
Bailii
England and Wales

Children, Human Rights

Updated: 19 January 2022; Ref: scu.566738

Buckinghamshire County Council v MA and Another: FD 16 May 2016

Proceedings brought by Buckinghamshire County Council to make three children wards of court and also pursuant to the Female Genital Mutilation Act 2003. The respondents are the mother and father, respectively, of the children concerned.

Holman J
[2016] EWHC 1338 (Fam)
Bailii
Female Genital Mutilation Act 2003
England and Wales

Children, Crime

Updated: 17 January 2022; Ref: scu.565531

PH v AH: FD 9 May 2016

In this action for the return of a child alleged to have been removed to this country, Holman J dicussed the inequality of the availability of legal aid to the parties: ‘Let me say at once that if the mother had been present today, the fact that she has still not obtained legal aid would not weigh with me at all. As I have said in other reported judgments, I personally regard it as grave, if not scandalous, that in applications under the Hague Convention non means tested publicly funded legal aid is automatically made available for applicants, but not for respondents. It is indeed difficult for respondents to obtain legal aid in relation to these cases, and increasingly they appear in person. I regard that as highly undesirable, and indeed a denial of the essential ingredient of a fair trial of equality of arms. But that is the position that has now been reached in this country. It is the policy ultimately of the government, and that being so, it would not have weighed with me that the mother was having to represent herself, if indeed she was present. One simply cannot go on and on and on adjourning applications under the Hague Convention on the off chance that at some later date a respondent parent may obtain some form of legal aid or legal representation.’

Holman J
[2016] EWHC 1131 (Fam)
Bailii
England and Wales
Cited by:
Cited – Re B (Litigants In Person: Timely Service of Documents) FD 30-Sep-2016
Respect for litigants in person – proper service
The court considered the situation where in an international child abduction application, papers were served at the door of the court on a party who was unrepresented, and who had little English.
Held: This was plainly wrong. In such cases it . .

Lists of cited by and citing cases may be incomplete.

Children, Legal Aid

Updated: 16 January 2022; Ref: scu.564507

Matouskova: ECJ 6 Oct 2015

Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – Article 1(1)(b) – Substantive scope – Inheritance settlement agreement between the surviving spouse and minor children represented by a guardian ad litem – Classification – Requirement for approval of such an agreement by the court – Measure relating to parental responsibility or measure relating to succession

C-404/14, [2015] EUECJ C-404/14
Bailii
European

Children, Family, Wills and Probate

Updated: 04 January 2022; Ref: scu.553099

The Christian Institute, Family Education Trust and similar, Mcintosh and Thomas v The Scottish Minister: SCS 3 Sep 2015

(Second Division, Inner House) The petitioning charities challenged the validity of the 2014 Act saying that it was an unwarranted intrusion on the private lives of families in Scotland.

Lord Carloway, the Lord Chief Justice Clerk
2015 Fam LR 121, [2015] ScotCS CSIH – 64, [2015] CSIH 64, 2015 GWD 29-484, 2016 SC 47, 2015 SLT 633
Bailii
Children and Young People (Scotland) Act 2014
Scotland
Citing:
Appeal from – In The Petition of The Christian Institute and Others for Judicial Review of The Children and Young People (Scotland) Act 2014 SCS 22-Jan-2015
The claimants challenged the 2014 Act saying that in appointing a nominated professional individual for every child, the human rights of the family had been disproportionately interfered with. . .

Cited by:
Appeal from – The Christian Institute and Others v The Lord Advocate SC 28-Jul-2016
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to . .

Lists of cited by and citing cases may be incomplete.

Children, Human Rights

Updated: 04 January 2022; Ref: scu.552306