Tag: Children

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:

Approved – W 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 . .
Cited – Dawson 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:

Cited – Doorson 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, . .
Cited – Z 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:

Cited – Norfolk 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:

Cited – NJ 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 . .
Cited – Cheshire 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:

Cited – A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .
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:

Cited – A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .
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:

Cited – In 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 from – In 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:

Cited – Re 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:

Cited – A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .
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:

Cited – In 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 . .
Cited – In re N (section 91(14) order) FD 1996
. .
Cited – In 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:

Cited – Re 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 . .
Cited – Re 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:

Cited – Cannon 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

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:

Updated – Practice 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:

Cited – Re 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:

Cited – Re 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:

Cited – Re 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:

Cited – Re 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:

Cited – Re 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:

Cited – Re 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

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:

Cited – Re 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

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:

Cited – In 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:

Cited – E 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 . .
Cited – In 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:

Cited – U 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 from – B 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:

Cited – Evans 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 from – In 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:

Cited – Aiden 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 . .
Cited – Symphony 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 . .
Cited – A 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. . .
Cited – Northampton Health Authority v The Official Solicitor and the Governors of St Andrews Hospital 1994
. .
Cited – 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 . .
Cited – London 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 . .
Cited – Kelly 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 . .
Cited – Globe 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. . .
Cited – 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. . .
Cited – Providence 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 . .
Cited – Palmer 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 . .
Cited – Dolphin Quays Developments Ltd v Mills and others ChD 17-May-2007
Order for costs against a third party . .
Cited – Metalloy 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 . .
Cited – In 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 . .
Cited – Secretary 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 . .
Cited – Goodwood 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 . .
Cited – Phillips, 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 . .
Cited – Phillips 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:

Cited – Sutton 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 from – In 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 . .
Cited – B (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. . .
Cited – Gojkovic 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 . .
Cited – In 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 . .
Cited – In 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 . .
Cited – R 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. . .
Cited – In 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 . .
Cited – In 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 . .
Cited – In 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 . .
Cited – In 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 . .
Cited – Manchester 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 . .
Cited – 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. . .
Cited – G 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 . .
Cited – M 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:

Cited – Re 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 . .
Cited – 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 . .
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:

Cited – 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 . .
Cited – 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 . .
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:

Cited – Re 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:

Cited – Owens 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: . .
Cited – Re 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:

Cited – In 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 . .
Cited – In 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 . .
Cited – In 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 from – 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. . .

Cited by:

Cited – Portsmouth 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 . .
Cited – Kent 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:

Cited – M 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:

Approved – Regina 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:

Cited – AB 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.
Cited – Re 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

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 from – In 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 . .
Cited – 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 . .

Cited by:

Appealed to – In 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:

Followed – In 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:

Applied – 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 . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 29 April 2022; Ref: scu.185859

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:

Applied – In 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. . .
Applied – In 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 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

T and V v The United Kingdom: ECHR 8 Apr 1999

Public trial in an adult court of juvenile charged with murder and imposition of a sentence of detention during Her Majesty’s pleasure with a tariff of fifteen years fixed by a member of the executive. The trial of two ten year olds in a public forum, under intense public scrutiny, made the trial unfair: ‘it is essential that a child charged with an offence is dealt with in a manner which takes full account of his age, level of maturity and intellectual and emotional capacities, and that steps are taken to promote his ability to understand and participate in the proceedings’. A punitive measure should be set by the courts, and not by a political process, and a long sentence for a child must allow for later developments: ‘the fixing of a minimum term was part of the proceedings and amounted to a sentencing exercise; that article 6(1) was therefore applicable; that that article guaranteed a fair hearing by an impartial tribunal independent of the executive; and that the Secretary of State was clearly not independent of the executive.’

Citations:

Gazette 08-Apr-1999, (1999) 30 EHRR 12

Jurisdiction:

Human Rights

Citing:

See Also – Regina v Secretary of State For The Home Department, Ex Parte Venables, Regina v Secretary of State For The Home Department, Ex Parte Thompson HL 12-Jun-1997
A sentence of detention during her majesty’s pleasure when imposed on a youth was not the same as a sentence of life imprisonment, and the Home Secretary was wrong to treat it on the same basis and to make allowance for expressions of public . .

Cited by:

Cited – D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court HL 27-Jan-2005
The defendant challenged the obligatory requirement that evidence given by a person under 17 in sex or violent offence cases must normally be given by video link.
Held: The purpose of the section was to improve the quality of the evidence . .
See Also – V v The United Kingdom; T v The United Kingdom ECHR 16-Dec-1999
The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Children, Criminal Sentencing

Updated: 28 April 2022; Ref: scu.89671

In Re W (A Minor) (Secure Accommodation Order: Attendance At Court): FD 13 Jul 1994

A 10 year old child may be present in court on an application relating to him in exceptional circumstances.
Held: The child’s appeal was dismissed. Natural justice did not demand the child’s presence in court, and that the rules allowed the court to take the course that it had done. The court had an inherent power to control its own proceedings. The fact that the child would have to be physically restrained in court provided sufficient grounds to refuse to allow him to attend.
Ewbank J said: ‘On behalf of the Official Solicitor it is said that in general terms the presence of children in court is harmful to children, that children in care proceedings, and more particularly in secure accommodation proceedings, are amongst the most damaged and disadvantaged children in our community, and that it will be of no benefit to them to sit through to the end. Moreover, it is likely to increase their sense of responsibility for what is being decided, and to cause anxiety and distress. It is said that the court should be satisfied that the interests of the child indicate that the child should be in court if there is a suggestion that the child wishes to come.
It is said in behalf of the child that the liberty of the child is being curtailed, that this is equivalent to a custodial order in a criminal court, and natural justice demands that the child should be allowed to be in court before an order is made which will have that effect. For my part I cannot see any analogy between orders made in this Division and orders made by the criminal court. The purpose of the criminal court is to deal with criminal offences committed by people or children, and one of the aims at any rate of the criminal court is to punish the perpetrators.
This jurisdiction is entirely different. It is, as the Official Solicitor said, a benign jurisdiction. It is to protect the child, sometimes from others and sometimes from itself, and in some cases it is necessary in order to protect the child and to act as a good parent would act to curtail the child’s liberty for a time. The statute which provides for this is limited in its scope; not only the court but also the Secretary of State in the case of young children has to be satisfied that secure accommodation is necessary. I am told that there are probably some thousand children a year put into secure accommodation, so that the numbers of orders made are quite substantial.
In addition to the considerations of the interests of the child, which override any other considerations, there is also the inherent power of the court to control its own proceedings, and that is relevant in this particular case at the particular time that the district judge heard the case. It was his view on the evidence he heard or the reports he had read that the child would have to be physically ‘shackled’, as he put it, in court in order to control him. This in itself would be sufficient ground in the inherent jurisdiction of the court to refuse to allow the child to be in court. One can see that the prospect of disturbance or unruliness in court, or the possibility of the child being educationally subnormal, or the child being much younger than this child, would be examples of cases where the court would not allow the child to be in court for the hearing.
The local authority, as I mentioned, has had interim care orders since the early part of this year. Accordingly the mother and the local authority both have parental responsibility for this child. Both of them take the view that this child, at that stage, ought not to have been allowed to come to court. If either of them had taken a different view, that would have been a matter which the district judge ought to have taken into account.’
Ewbank J concluded: ‘In my judgment the court in dealing with an application for secure accommodation, and probably in dealing with an application for a care order, can allow the child to be in court, but the court must always bear in mind that attendance in court is likely to be harmful to the child, and the court should only allow the child to attend if it is satisfied that attendance is in the interests of the child. Certainly where the court is of the view on the material before it that the child is likely to be unruly, the court in its inherent jurisdiction can refuse to allow the child into the court.’

Judges:

Ewbank J

Citations:

Times 13-Jul-1994, [1994] 2 FLR 1092

Jurisdiction:

England and Wales

Citing:

Cited – Re C (A Minor) (Care: Child’s Wishes) FD 1993
Waite J discussed the propriety of a 13 year old attending the family proceedings court in a care application, saying: ‘I think it would be a pity if the presence of children as young as this at the hearing of High Court appeals from magistrates in . .

Cited by:

Cited – In re K (A Child) FD 16-May-2011
The court was asked whether K, a 13-year-old girl, should attend the hearing of an application by her local authority to keep her in secure accommodation for three months. She wanted to be at the hearing, but the local authority opposed her . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 28 April 2022; Ref: scu.82283

In re Y and K (Minors) (Split hearing: Evidence): CA 7 Apr 2003

In a ‘split trial’ procedure under the Act, it was wrong to bring in rules from criminal procedures. A witness who was competent was also compellable. Dicta in In re B were made without reference to section 98.

Judges:

Hale, Thorpe LJJ

Citations:

Times 18-Apr-2003

Statutes:

Children Act 1989 31 98

Jurisdiction:

England and Wales

Citing:

Dicta corrected – In re B CA 2002
. .
Lists of cited by and citing cases may be incomplete.

Children, Evidence

Updated: 27 April 2022; Ref: scu.180858

RVH v TF (Non Hague Convention: Refusal of Summary Return): FD 14 Jun 2018

Application made by the applicant father seeking the summary return to Ivory Coast of the parties’ 2 children, C a girl now 3 years old and D, a boy now 21 months old. The application is made pursuant to the Inherent Jurisdiction following the mother’s removal of the children from Ivory Coast on 27 March 2018. The mother opposes the application.

Judges:

Darren Howe QC

Citations:

[2018] EWHC 1680 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 26 April 2022; Ref: scu.621050

BA and Another v JA and Others (Female Genital Mutilation Protection Orders and Immigration Appeals): FD 3 Jul 2018

Appeal from refusal of asylum claims – Nigerian family – parents’ fear of FGM for their daughters.
Held: Refused.

Judges:

Holman J

Citations:

[2018] EWHC 1754 (Fam), [2018] 4 WLR 105, [2018] WLR(D) 426

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Immigration, Children

Updated: 26 April 2022; Ref: scu.621054

IQ v JP: ECJ 10 Jul 2018

(Opinion) Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction in matters of parental responsibility – Reference to a court better situated to deal with the case – Concept of ‘courts of a Member State competent to hear the substance of the case’

Citations:

ECLI:EU:C:2018:552, C-478/17, [2018] EUECJ C-478/17 – O

Links:

Bailii

Jurisdiction:

European

Children

Updated: 25 April 2022; Ref: scu.620023

Medway Council v Root: FD 15 Mar 2018

Applications for injunctions prohibiting the publication of information relating to two children who are now both over 18 years, concerning care proceedings in 2011 when they were made the subject of care orders.

Citations:

[2018] EWHC 1298 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Information, Media

Updated: 24 April 2022; Ref: scu.618395