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Barnaby Large Published in Lexis Nexis On Common Issues Arising In The Merits Assessment Stage Of An Application For Public Funding Of Private Law Children Litigation.Barnaby Large Published in Lexis Nexis On Common Issues Arising In The Merits Assessment
Barnaby first considers eligibility – what is required to qualify for public funding, what categories of litigation fall within scope and what applications are excluded?
The Article then considers application of the Civil Legal Aid (Merits Criteria) Regulations 2013 – both the Prospects of Success and Reasonable Privately Paying Individual Tests, exploring their interpretation through Guidance issued by the Lord Chancellor.
Barnaby then seeks to précis the process of challenging funding decisions, both on internal review and subsequent appeal to adjudicator.
The...
All News from No18 Chambers
Deprivation Of Liberty Orders - A Reminder Of Key Points
Financial Remedies Court: Update on ES2, part of the Efficiency Statement
London Borough of Barnet v DM, LT & TT (referred to as T, the child) 2025 EWFC 168.
MNV v CNV : financial remedy, low value case, add back considered interestingly by DDJ Bradshaw. (Judgement handed down, 19.6.25)
Re M (A Child) (Placement Order) [2025] EWCA Civ 214, International element - 26 week extension - how long is a piece of string? - reminder of no presumption in favour of parents
Campaigners Call for Urgent Overhaul of Parental Leave in the UK
Private FDRs – a quicker, more flexible and efficient way of achieving settlement?
Covert Recordings in Family Proceedings – the Guidance
EAT Upholds Tribunal Costs Award in Pandeli Ltd & Gold Panda Ltd v O’Keefe: Scope of “Conduct of Proceedings” Clarified Under Rule 76
New protocol on communications between judges in Scotland, England & Wales, and Northern Ireland in cases involving adults who lack capacity, and accompanying handbook
Family Justice Council Guidance on Covert Recordings in Family Law proceedings concerning children
Re K and Re S (Legal Aid: Experts’ Fees)
A View from The President’s Chambers: April 2025
Risk assessments and consideration of risk management taking into account the Welfare Checklist - Re T (Children: Risk Assessment) [2025] EWCA Civ 93 (07 February 2025)
Discharge of care orders - what are the factors to consider?
2025 protocol and good practice model: disclosure of information between coroners and the family court in cases involving fatality
President of the Family Division publishes guidance on writing to children, developed with the Family Justice Young People’s Board
Passing the buck may cost you a buck: A Father v A Mother [2025] EWHC 364 (Fam) (20 February 2025) - wasted costs against legal representatives with sloped shoulders…
Happy International Women’s Day from No 18 Chambers
New Employment Tribunal Rules 2024: What Practitioners Need to Know
Pregnancy and Maternity Discrimination: Assessing Injury to Feelings
T (Children: Risk Assessment) [2025] EWCA Civ 93, 7.2.25. Court of Appeal indicating how risk assessment should be carried out and making strong additional comments
The Family Justice Council (FJC) guidance on responding to allegations of alienating behaviour
Barnaby Large published in the EAT Decision on Main v SpaDental Ltd & Ors
Recent updates: New Neonatal Leave and Pay for Working Families
Family Justice Council Guidance on Neurodiversity in the Family Justice System for Practitioners
BM v AM & Ors [2024] EWFC 383 (B) (26 November 2024) HHJ Marin. Application by birth mother for leave to apply for direct contact with her child, who had been adopted
Guidance from the President of the Family Division: Transfer of proceeding
President’s Guidance: Public law children cases with an international element
Practice Guidance by the PFD: The use of Intermediaries, Lay Advocates and Cognitive Assessments in the Family Court
Employment Tribunal Procedure Rules 2024 changes come into force on 6 January 2025
Judgment Analysis: HKW v CRH [2024] EWFC 358 (B)
Francis Payne appointment as an Honorary Barrister-in-Residence at the University of Portsmouth
Supervision Order v No Order
A Family Court Judge is in a "much better position" than the Police to determine whether unsupervised contact with a child could be appropriately managed
Seasons Greetings from all at No 18 Chambers
Financial Remedies Transparency pilot notice
Family Justice Council has published ‘Guidance on responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour’
Employment Tribunal did not err in law in holding that a driver using a black cab app was not a worker for the respondent
Care proceedings and recusal
New Acas Guidance on the Employment (Allocation of Tips) Act 2023
Extensions to family court transparency pilots
Cafcass publishes new Domestic Abuse Practice Policy
No.18 Chambers Welcomes Thomas Wheddon (2022) as a Tenant
EAT Ruling Extends Indirect Discrimination Claims to Claimants Without Particular Protected Characteristics
Tribunal Confirms Fair Dismissal for Poor Performance: Similarities and Differences Between Capability and Misconduct Dismissals
S v Birmingham City Council & Ors [2024] EWFC 244 (B) (24 April 2024)
Mental Health and ‘Grave Risk of Harm’ to a Child in International Relocation Cases: F v M [2024] EWHC 1887 (Fam) (23 July 2024)
Bite-Sized Law by Asher Shane
Y V & B (Fact finding - perpetrator). Court of Appeal Civil Division - 13 September 2024. Asplin, Baker, Elisabeth Laing LLJ’s - Appeal by guardian in care proceedings against failure of judge to identify perpetrator of injuries to child
Milroy v MoD: Tribunal Ruling Could Grant Army Pensions to Thousands of Reservists
Labour has pledged to introduce employment legislation within its first 100 days in government – including the ‘right to switch off’
A View from The President’s Chambers: July 2024
Court of Appeal considers the all-important distinction between an appeal lodged out of time and one lodged in time, but with documents missing.
ECHR Consultation: technical guidance on sexual harassment and harassment at work
Complexities of indirect disability discrimination claims and the importance of clear and detailed reasoning in Employment Tribunal decisions: Minis Childcare Ltd v Ms Z Hilton-Webb [2024] EAT 108
Reporting pilot extended to include private family disputes
Re: A & I (Children: Appeal: Relocation & Joint Lives-With Orders: Fresh Evidence) [2024] EWHC 1824 (Fam)
Re O (Care Proceedings) [2024] EWCA Civ 696
No.18 Chambers Welcomes Elicia Davis as a Tenant (2017)
No.18 wishes all its best to Katherine Henry on her new venture
Stop Press: Barnaby Large Reported in EAT: Bugden v The Royal Mail Group Limited (Disability Discrimination: Unfair Dismissal) [2024] EAT 80
Stop Press : Sara Chalk reported in Re S (A Child) & L (A Child) [2024] EWFC 108 (B) – The Importance of Substantiating Evidence and Patterns of Controlling and Coercive Behaviour
Guidance on applications for cognitive/psychological assessments
Newsflash : Barnaby Large reported in EAT
Update to Standard Orders
Allocation of financial remedies cases to High Court Judge level
Practice Guidance: Urgent Applications, Out of Hours Applications and Bundles in the Family Division of the High Court
RE: Z (Prohibition on Cross-examination: No QLR) – What happens if no QLR can be found despite diligent searches?
Robing pilot begins at Central Family Court
MoJ has change of heart on hiking £593 divorce application fee by 10%
Williams v Williams [2024] EWHC 733 (Fam)
STOP PRESS : KFK v DQD [2024] EWFC 78 (B)
No.18 Chambers is delighted to announce Thomas Wheddon 2022 is available to accept instructions
A Local Authority v D & Ors [2024] EWFC 61
Stop Press :John Franklin reported in VT v LT [2023] EWFC 256 (B) – Creating Two Households from Limited Assets
Summary of Peterborough City Council v Mother & Ors [2024] EWHC 493 (Fam)
Re Z and X (Visit to Ukraine) [2024] EWHC 314 (Fam)
Launch of the Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol
Katherine Henry reported in M v F & Anor [2024] EWFC 34 (14 February 2024)
Kirklees Council v P & Ors [2023] EWHC 3470 (Fam) (03 November 2023)
Re R (Children: Findings of Fact) [2024] EWCA Civ 153 (22 February 2024): Care proceedings
Public Law Care: Case law update
Mother v Father & Anor [2024] EWHC 272 (Fam) (05 February 2024)
Divorces in England and Wales: 2022
GUIDANCE ON PREPARATION OF ELECTRONIC BUNDLES (IN PUBLIC LAW PROCEEDINGS)
T v T [2023] EWFC 243 : what if permission is sought to remove a child temporarily to a country where the Hague Convention is not yet operative between the UK and that particular country? What if there is no QLR?
New powers for the Child Maintenance Service to recover cash from non-paying parents faster.
Local family justice pilot launched in Dorset as part of 'reimagining pre-proceedings' project
What parents can and cannot do without the other’s consent – a brief look at the unilateral exercise of PR
High Court judge gives guidance on use of intermediaries in Family Court
Ms X v Mr Y [2023] EWHC 3170 (Fam) (11 December 2023)
Groundbreaking Family Court reporting pilot rolled out to sixteen more courts across England
Williams v Williams [2023] EWHC 3098 (Fam) - Moor J - Financial Remedy - Hadkinson order - legal services funding order - brief report!
Reporting pilot for Financial Remedies Court proceedings announced
Supreme Court rules Deliveroo riders not entitled to collective bargaining: how this judgment on a judicial review challenge crosses over into employment law.
P v F [2023] EWHC 2730 (Fam): the importance of PD12B and following procedure for s91(14) orders
Children Law Update : a summary of key issues and updates relating to children matters
Important read for FR practitioners : Fair Shares - Sorting out money and property on divorce’
Presidential Guidance and Practice Direction: Recording and Transcription of Hearings in the Employment Tribunals
Hybrid instructions (Unbundling) - pay as you go instructions and litigation?
Disclosure of Electronic Documents and the Civil Procedure Rules (CPR)
Article 10 Rights v Article 8 Rights: Tickle v Father & Ors [2023] EWHC 2446 (Fam) (05 October 2023)
Revised Practice Guidance on the Court’s approach to unregistered placements
Revised National Listing Protocol for applications that seek Deprivation of Liberty Orders relating to children under the inherent jurisdiction
No.18 Chambers Welcomes Helen Moizer as a Tenant (2018)
No.18 Chambers Welcomes Thomas Wheddon (2022) as he commences pupillage
B v A Local Authority & Ors [2023] EWFC 154 (21 August 2023)
C (Child: Ability to Instruct Solicitor) [2023] EWCA Civ 889
GB, Re (Part 25 Application: Parental Alienation) [2023] EWFC 150 (30 August 2023)
Stop press : Barnaby Large has been published in Harvey’s Employment Law
Barnaby has accepted a role as a contributor to Tolley's Employment Law Handbook
No18 Chambers - new Facebook page
Barnaby Large successful in the EAT: Polystar Plastics Ltd v Mr M Liepa ( EA-2022-001040-JOJ )
Re JW [2023] EWCA Civ 944, 4.8.23 - Limitation of care orders whilst children living at home
Practice Direction Update no 4 of 2023
Children and Families Act 2014 and the reform of children’s social care
Civil Procedure (Amendment No. 3) Rules 2023
Practice Note: The Chancery Guide 2022
Practice Guidance: Non-Molestation Injunctions
Helen Moizer successful in the EAT: The Sports PR Company Ltd v Ms Valentina Londono Cardona: [2023] EAT 110
Qualified Legal Representatives in the Family Court – is it working?
Divorce financial provision application cannot continue after death of party
Child Support Collection (Domestic Abuse) Act 2023
June Guidance from the FJC and BPS as to ‘Psychologists as Expert Witnesses in the family courts in England and Wales’ gains media attention
A View from The President’s Chambers: July 2023
No.18 Chambers Welcomes Rebecca Caws (2023)
Nigel Cholerton reported in CC v LC [2023] EWFC 52
Helen Moizer, is taking part in the Pupil Pledge with Advocate
Chat GPT: legal decision making and consideration of its reliability
Nigel Cholerton reported in QQ v CC & Ors [2022] EWHC 2910 (Fam)
(FRC) Sub-Group of the Transparency Implementation Group
Update from the Senior President of Tribunals: panel composition
Civil Justice Council Costs Review – Final Report
Advisory Notice by Mr Justice Peel, Judge in Charge of the Standard Orders
Stop press: Katherine Henry appointed as a Children Act Arbitrator
No18 Chambers Launches Children Arbitration Service
Appeal allowed as participation directions not considered for vulnerable party
Practice Guidance: Independent Domestic Violence Advisers and Independent Sexual Violence Advisers (Family Courts)
Re C (‘Parental Alienation’; Instruction of Expert) [2023] EWHC 345
DS v AC [2023] EWFC 46 - A reminder of non-molestation orders
Helen Moizer (2018) is available to accept instructions as of 3rd April 2023
No.18 Chambers Welcomes Elicia Davis (2017) as she commences pupillage
Jurisdictional case management guidance jointly launched by the Senior President of Tribunals and President of the Family Division
Revised Standard Order relating to NHS England
HMCTS re-issues Guidance for local authorities on applying for a family public law order
Getting it Right from the Get Go - Thames Valley Police v F & G [2023] EWFC 28
No.18 Chambers announces Gillian Irving KC (1984) has accepted an invitation to join Chambers as a Door Tenant
No.18 Chambers Welcome New Tenant Robin Watson (2021)
No18 Chambers will no longer be utilising the DX service
Government Issues Revised Guidance on Domestic Violence Disclosure Scheme
Government Updates Guidance on Forced Marriage
Standard Orders: cross examination and QLR provisions
New (2023) Official Solicitor's certificate as to capacity to conduct proceedings
Civil news: means free legal aid features in family rules changes
Speech by the President of the Family Division: Parents with intellectual impairment in public law proceedings – the need to be alert
Amelia King’s half-marathon and full marathon in aid of Salisbury Hospice Charity
Barnaby large makes local press on workplace rights
Message from Mr Justice Peel: Standard Orders – cross examination and QLR provisions
G v G [2022] EWFC 151- Challenging Children Arbitrations
Specimen directions and the relevant forms for QLR Cases
Message from the President of the Family Division: Reporting Pilot in the Family Court
Financial remedy contested applications on MyHMCTS
Can the family court refuse to allow a party to give evidence or cross-examine?
Guest (A’s) v Guest (R) [2022] UKSC 27. Proprietary estoppel (PE). Bullet point law made simple!
XO v YO [2022] EWFC 114
Court of Appeal due to hear child’s ‘failure to remove’ claim under the Human Rights Act.
Relaunching the Public Law Outline
Guidance on E-bundles
Seasons Greetings from all at No 18 Chambers
No.18 Chambers is delighted to welcome Claire Hook back after recovery
A Fantastic Year For No.18 Chambers In The Annual Legal 500 Rankings
No.18 Chambers Welcomes back New Tenant – Francis Payne (2014)
Divorce and Financial remedy online: Factsheet published
Message from FLBA Re: Period Of Mourning & Court Closure
Withdrawal of medical treatment from a child
Goodyear (H) v Executors of the Estate of Heather Goodyear (deceased) (W) [2022]
Progress Update: Sarah Barber has raised over £200 for the Alzheimer’s Society
Local Practice Guidance - Cognitive assessments and intermediaries
An NHS Trust v ST - Refusal of a Deprivation of Liberty (DOLS) Order for a 14-year-old child
X v Y [2022] EWFC 95 (15 August 2022) HHJ Hess.
The Chancery Guide 2022
Just in case you missed it : (Short) View from the Presidents Chambers – July 2022
IR v OR [2022] EWFC 20 - Pre-marital wealth, - validity of pre-nup - up to £184m assets - valuation of business.
What’s in the news : Just in case you missed it
Appeal Against Placement Order for child with additional needs - CV (A CHILD) (PLACEMENT ORDER) [2022] EWCA Civ 930
Points of clarification: Are they material? Are they genuine?
Sarah Barber trekking 13 miles (that’s half-marathon distance) around Stonehenge to raise money for the Alzheimer’s
Financial Remedies Court Notice
Practice Guidance on Remote Observation of Hearings – New Powers
Changes in the Clerk’s room
Gallagher v Gallagher [2022] EWFC 52 - Mostyn J’s guidance and views on reporting restrictions, indicating openness. (Plus EWFC 53 - premarital acquired assets, company valuation - linear approach)
Sarah Barber trekking 13 miles (that’s half-marathon distance) around Stonehenge to raise money for the Alzheimer’s
What’s in the News – just in case you missed it
Whistlestop Touring the Without Prejudice Principle in Employment Tribunal Litigation
Sarah Barber trekking 13 miles (that’s half-marathon distance) around Stonehenge to raise money for the Alzheimer’s
VV v VV 2022 EWFC 41 (13.5.22) Short childless marriage - cohabitation period - conduct/misconduct - needs
M (A Child: Private Law Children Proceedings: Case Management: Intimate Images) [2022] EWHC 986 (Fam) (29 April 2022)
Claims for victimisation: is suspension a detriment?
Sarah Barber trekking 13 miles (that’s half-marathon distance) around Stonehenge to raise money for the Alzheimer’s
Practice Note: Chancery Division Applications Court
Fact-finding hearings and domestic abuse in Private Law children proceedings – Guidance for Judges and Magistrates : Sir Andrew McFarlane President of the Family Division
Traharne v Limb [2022] EWFC 27 (31 March 2022) - Post nup agreement (PNA)
News – Just in case you missed it
Notice from the Financial Remedies Court: Electronic Bundles
“Wrongful child abduction” proceedings gone wrong
Guidance from the President of the Family Division: the Divorce, Dissolution and Separation Act 2020
The Presidents of the Employment Tribunals in England & Wales and in Scotland have distributed a further addendum to their 2017 Guidance - Employment Tribunal awards for injury to feelings and psychiatric injury following De Souza v Vinci Construction (UK
WC v HC [2022] EWFC 22 - Financial Remedy directions reminder from Peel J - concise expositions of law - departure from equality based on needs (22.3.22)
Family Law Week :Financial Remedies News Round up
Maintenance pending suit, reminder of principles and Peel J, and amendment of standard orders
Only a matter of time! – Covid vaccination of 12-year-old in Local Authority care approved by the court despite Mother’s objection
A Useful Brief Guide from the Family Law Week to the New No Fault Divorce Rules and Procedure
Mr Justice Mostyn: amendments to standard orders
Nuffield Family Justice Observatory publishes strategy for 2022-26
A View from The President’s Chambers: March 2022
Onuoha v Croydon Health Services NHS Trust: Unfair Dismissal, Discrimination, Breach of Human Rights, and more!
President’s Memorandum: Guidance On E-Bundles For Use In The Family Court And Family Division
Amendments to standard orders : Financial
Standard orders : Children
John Franklin makes National press: A Matter Of Trust And An Ex-Wife
Civil Procedure (Amendment) Rules 2022 & 140th Practice Direction Update
A Judicial Solution to a Statutory Problem
Loggie v Loggie [2022] EWFC 2 (27 January 2022) Experts fees - guidance from Mostyn J.
Save the date : No 18’s Spring Soiree (date change) - 9th June 2022
Re K (Inability to Instruct a Guardian) [2022] EWFC B4
Notice from the Financial Remedies Court
Notice from the Financial Remedies Court: D81
Just in case you missed it : Family Law Week Round up
President of the Family Division’s Memorandum on Drafting Orders 10 November 2021
Notice from the Financial Remedies Court
Review of the Standard Family Orders (SFOs) announced
Revisiting s91 (14)- Re A (A child) (Supervised contact) (s91(14) Children Act 1989 orders) [2021] EWCA Civ 1749
Laura Baines reported in Re X [2021] EWFC B85
Lead Judge for Private Family Law
Practice Statement: Appointment of Managers under Section 24 of the Landlord and Tenant Act 1987
Happy New Year from All at No.18 Chambers
Just in case you missed it : Guidance on e-bundles from the President of the Family Division
Wishing you and your families Seasons Greetings from all at No 18 Chambers
Message from the Lord Chief Justice and Senior President of Tribunals – Plan B
Practice message issued for London Financial Remedies Court
Daniel Barnett’s of Analysis Gray v University of Portsmouth (Ian Wheaton counsel for the Claimant) : Objective Justification
Practice Direction issued by the Senior President of Tribunals: Employment Appeal Tribunal
General guidance on electronic court bundles
Mr Justice Mostyn: Family Procedure Rules – contempt forms
Mr Justice Mostyn: Amendments to standard orders
Deprivation of Liberty Orders and the impact of the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021 - Tameside MBC v AM and others [2021] EWHC 2472
Crowther v Crowther (failure to disclose – conduct - unequal division of remaining assets ordered)
CMA outlines concerns on availability and price of children’s care
Further courts added to public law children pilot and coronavirus Practice Directions extended
President of the Family Division: Drafting Orders
President of the Family Division: Witness Statements
No 18 Chambers invites you to join us for a Christmas Drinks Evening
Reports of the Farquhar Committee on the Financial Remedies Courts – Parts 1&2
Civil and Family Court Fees (From 30 September 2021)
Speech by the President of the Family Division: “Interesting Times”
Barnaby Large has been appointed as an Part Time Independent Funding Adjudicator
President of the Family Division’s memorandum: Experts in the Family Court
SAVE THE DATE : CHAMBER CHRISTMAS PARTY
FAMILY TIES? Paramount Shopfitting Co Ltd v Rix [2021] EWCA Civ 1172
ANOTHER GREAT YEAR FOR NO.18 CHAMBERS IN THE ANNUAL LEGAL 500 RANKINGS FOR SIXITH YEAR RUNNING
University of Manchester : New research highlights the importance of pension sharing on divorce for women’s finances
Divorce applications move online
Costs and needs based awards
FAMILY TIES
Cafcass launches the ‘Together with Children and Families’ framework
Domestic Abuse Support (Local Authority Strategies and Annual Reports) Regulations 2021
Family Proceedings Fees Order amended
JM v KK 6/9/21[5] - First instance financial remedy - foreign element - low value assets - high costs - departure from equality of both liquid assets and pension - pension treated separately - child maintenance dealt with.
E v L (2021) EWFC 63 Short childless marriage - Phase 2 - Costs - importance of being reasonable and making offers
E v L [2021] EWFC 60[1] (Judgement 13 July 2021) Phase 1 (Short childless marriage, elderly parties, lump sum - date of trial important.
No.18 Chambers is delighted to welcome Claire Hook back after recovery
Nuffield Family Justice Observatory publishes the report Remote hearings in the family court post pandemic
Care Planning, Placement and Case Review (Wales) (Amendment) Regulations 2021
Family Procedure (Amendment No. 2) Rules 2021
Should a Declaration of Parentage be made after a child has been adopted?
ND v GD 2021 EWFC 53 (14 June 2021) Peel J[2].
AA v BB [2021] EWHC 1822 (Fam)
SB v M [2021] EWFC 49 (11 June 2021)
Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2021
Mr Justice Mostyn: Standard orders
Appeal against step-parent adoption dismissed: Re L
A (domestic abuse: incorrect principles applied) [2021] EWFC B30 - Family practitioners beware – do not take basic principles for granted.
Domestic Abuse Act 2021 (Processing of Victims’ Data for Immigration Purposes) (Extension of Relevant Period) Regulations 2021
Child Support (Collection and Enforcement and Maintenance Calculation) (Amendment) Regulations 2021
BARCLAY V BARCLAY [2021] EWFC 40 - To Publish Or Not To Publish?
Deliveroo couriers are not ‘workers’ for the purposes of collective bargaining
Nottinghamshire County Council v J (The Mother) [2021] EWHC 1651 (Fam) (08 June 2021)
M (Children: Applications By Email) [2020] EWCA Civ 806
FACT OR FICTION?
No.18 Chambers Welcomes New Tenant – Richard Carroll (2006)
Should nominal periodical payments be activated into substantial payments?
Links To The FPR & CPR Now Available On Chambers Website
The Family Court (Composition and Distribution of Business) (Amendment) Rules 2021
Practice Note: witnesses giving evidence remotely
Civil Procedure Rules – PAP Update (coming in force on 12 May 2021)
Civil Procedure (Amendment No.3) Rules 2021 & the 131st Practice Direction Update
130th Practice Direction Update to the Civil Procedure Rules (PD 51R & PD 51S)
Practice Direction update 4 (2021): Family Procedure Rules 2010 Amendments to Practice Direction 30A, 36U and 41B come into force on 3, 24 and 31 May 2021
Application to terminate parental responsibility determined in the absence of the Father
BCP Council v M – HHJ Simmonds reiterates the importance of compliance with orders in the Family Court
LM v DM [2021] EWFC 28
AS V CS (Private FDR Guidance) 19th April 2021, Mostyn J.
Practice Direction update 3 (2021): new pilot Practice Direction 36W
Sarah Barber Returns From Maternity Leave
A v R [2020] EWHC 3729 (Fam) - Procedure for decree nisi, and effect on subsequent financial remedy order - when is a decree nisi not a decree nisi? - when is a final financial order not a final order?
Joining new claimants to existing claim forms - claimants beware!
Survey supports recommendations for a review of supervision orders in care proceedings
BASW England releases new Domestic Abuse Guidance for social workers
Recommended amendments to standard orders to take effect immediately
Villiers v Villiers [2021] EWFC 23 - s27 MCA - Mostyn J’s interpretation.
S v T [2021] : Setting aside a final financial remedy order - Barder event or not?
Civil Partnership (Registration and Records) (Amendment) Regulations 2021
Extended temporary Insolvency Practice Direction – approved and signed by Lord Wolfson
Addendum to the Presidential Guidance on Injury to Feelings & Psychiatric Injury
Family Procedure (Amendment) Rules 2021
President's confirmation that the Financial Remedies Courts are formally part of the Family Court as pilot project comes to an end
Ombudsman issues guide for dealing with children’s statutory complaints
New pilot Practice Direction 36V reflects the existence of the Family Mediation Voucher Scheme
Practice Direction authorising legal officers of the Employment Tribunals (England and Wales) and Employment Tribunals (Scotland) to carry out specified functions
Kicinki v Pardi [2021] EWHC 499 (Fam) Thwaite jurisdiction - executory order - revisiting a final financial order - giving indemnity on behalf of non-parties.
Hussain [2021] EWFC 13 : Notice of appeal filed 14 months after final financial order - leave to appeal granted
Message from the Lord Chief Justice: Courts Recovery
Re B (Supervision Order) [2021] EWFC B8
Extension of the Right not to Suffer Determent for Health & Safety Reasons Extended to Workers
Adoption and Children (Coronavirus) (Amendment) Regulations 2021
AZ v FM [2021] EWFC 2 - Capitalisation of Child Maintenance, standard or indemnity costs.
More on vaccinations – the decision in Re K
WX v HX [2021] ( Matrimonial & non matrimonial property - valuation date, sharing and needs)
Covid and Barder : FRB v DCA (No 2) [2020]
128th Practice Direction Update to the Civil Procedure Rules (OCMC PD 51R)
Civil Procedure (Amendment No. 2) Rules 2021 & 129th Practice Direction Update
Message from the President of the Family Division: The Financial Remedies Courts
The Significance of Contact Post-Adoption in Re T and R (Refusal of Placement Order) [2021] EWCA Civ 71
Allay (UK) Limited v Gehlen UKEAT/0031/20/AT - Lessons from the Pandemic
Unregulated accommodation banned for vulnerable children under 16
Derhalli v Derhalli [2021] EWCA Civ 112 - occupation rent pending sale of the marital home?
Covid Vaccines – will we have more disagreements about vaccinations in family law?
Templates for Draft family orders available on No18’s Website ( Care , Private Children, Domestic Abuse & Family Finance)
Civil Procedure (Amendment) Rules 2021
New witness statements Practice Direction approved
Another unregulated placement: A Borough Council and E (Unavailability of a Regulated Placement) [2021] EWHC 183
Note all Financial Remedies Practitioners : from Mostyn & Hess
The Interplay of Capacity & Vulnerability in Financial Provision : Wickham v Riley & Ors [2020] EWHC 3711 (Fam)
No.18 delighted to be announce Barnaby Large has been appointed Case Editor to Harvey on Industrial Relations and Employment Law
Civil Procedure (Amendment) Rules 2021 & the 127th Practice Direction Update
Crowther v Crowther [2020] EWHC 3555 (Fam) - Indemnity costs
Rattan v Kuwad [2021] EWCA Civ 1 - Maintenance Pending Suit
Re B (A Child) (Unnecessary Private Law Applications) [2020] EWFC B44
Amendments to Family Procedure Rules
126th Practice Direction Update to the Civil Procedure Rules (BREXIT)
CJC publishes final report on low value personal injury claims
Important latest Cafcass Guidance on working with children and families and attending court during COVID-19 January 2021
Latest Message from the Lord Chief Justice: latest COVID-19 restrictions
President of the Family Division: The Road Ahead 2021
No.18 Chambers Welcomes New Door Tenant – Theo Huckle QC
Seasons Greetings from all at No 18 Chambers
Re S (A Child: Finding of Fact) [2020] EWCA Civ 1382
Addendum Guidance issued by Sir Andrew McFarlane : Placements in unregistered children’s homes in England or unregistered care home services in Wales
CB v EB [2020] EWFC 72 Mostyn J : Financial Remedy - Scope of s31(F)6 Matrimonial and Family Act 1984 & FPR PD9A - Varying, setting aside final financial remedy orders.
A Local Authority v W (No2) (Finding of Fact Hearing) [2020] EWFC 68
Family Law News: Updates & Stats - just in case you missed it
CTD (A Child: Rehearing) [2020] EWCA Civ 1316
No18 Chambers Christmas Appeal
CPR Amendments - Procedure Rules (OCMC PD 51R)
What about me?: Reframing Support for Families following Parental Separation
T and J (Children) [2020] EWCA Civ 1344
Not liking your in-laws is one thing, but poisoning them is quite another
The enforceability of a recital - BSA v NVT [2020] EWHC 2906 (Fam)
Safety from Domestic Abuse and Special Measures in Remote and Hybrid Hearings – report published
Overview of HMCTS Recovery for Civil and Family Courts and Tribunals
News Flash :Barnaby Large Published in Unlawful Deduction from Wages Claim :Mr C Brice v SynApps Ltd (England and Wales : Unlawful Deduction from Wages) [2020] UKET 3321615/2019
Care leavers: new guidance to prevent homelessness
Update on Remote Hearings in the Family Courts: follow-up consultation report
New COVID-19 restrictions for England : Announcement from Lord Chief Justice and Senior President of Tribunals
WS v KL [2020] EWHC 2548- Another look on International Relocation
Financial Remedy :Litigation conduct by H, failure to negotiate reasonably by W, leading to cross costs orders (OG v AG 2020 EWFC 52)
RE :C (Children: Welfare)(No.2) [2020] EWFC B36
STOP PRESS :NO.18 CHAMBERS INCREASES RECOGNITION IN THE ANNUAL LEGAL 500 RANKINGS FOR FIFTH YEAR RUNNING
No.18 Chambers Welcomes New Tenant – Sarah Barber (2018)
Remotely Just or Just Remote?
Negligence and Limitation in financial Remedy
Guidance for Experts Witnesses on Giving Evidence Remotely
Updated Orders by Mr Justice Mostyn
Mother successfully appeals removal of children under ICOs in Re N (Children) [2020] EWCA Civ 1070
Updated: Practice Direction on Committal for Contempt of Court in Open Court
Financial Remedy - Accepting and enforcing undertakings for the payment of money.
Re Y – What are the Local Authority’s powers to change the nationality of children in care?
‘Self-employed’ hairdresser ruled an employee by the Manchester Employment Tribunal
Guidance issued by Mrs Justice Theis :Practice Guidance on Service of Part 4 Family Law Act 1996 applications, orders and notification to the police: Pilot Practice Direction 36U
Re C and the dangers of remote hearings
Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 & the 123rd Practice Direction Update
Local Authority’s application to withdraw proceedings in GC v A County Council and Ors successfully appealed by the Children’s Guardian
No.18 Chambers : Approach to Civil litigation
James Vatcher appears on South today discussing the impact of Covid 19 on the Family Courts.
Coronavirus: Separated Families and Contact with Children in Care FAQs
Lancashire CC v M – The latest coronavirus adjournment application
Observatory publishes briefing paper on The effects of digital contact on children's well-being: evidence from public and private law contexts
Cafcass publishes two new Protocols setting out how they are seeing children and families in person during the Covid-19 pandemic
No.18’s Approach to Employment & Discrimination
Stop press : Courts and tribunals recovery released
Decisions on Pensions in financial remedies cases: Wait for one and three come along at once
Lockdown Solutions
Updated version of the Remote Family Access Court released
Hybrid hearings and Hybrid instructions
STOP PRESS: Re S (Vulnerable Parent: Intermediary) – Court of Appeal considers the impact of remote and hybrid hearings on vulnerable parents
Useful Guide: Lay Clients’ Guide to Remote hearings
Recommendations to achieve best practice in the child protection and family justice systems: Special guardianship orders
General Guidance on pdf bundles
The President of the Family Division has made two amendments to his Guidance on Allocation and Gatekeeping
Hybrid Hearing’ with remote attendance of advocates is not a breach of Article 6 – Re C (Children: Covid-19: Representation)
The Rise of the Hybrid hearings – here to help with the next adjustment.!
STOP PRESS: Latest Report from the President of the Family Division anticipates Family Courts fully reopening by July
Further detail to the Coronavirus Job Retention Scheme
Revised Standard Orders in respect of Financial Remedies Cases
Stop Press :CAFCASS policy position for stage 1 recovery from lockdown - 1 June - 1 September 2020 - "The Hybrid Hearing"
STOP PRESS – Committee stage of the Domestic Abuse Bill to be completed this month
New guidance for employers and furloughed workers regarding holiday entitlement
Wrongful dismissal and length of service
Stop Press :Rishi Sunak confirms new Treasury Direction giving further clarity on the Coronavirus Job Retention Scheme available on 20th May 2020
Contact during the Coronavirus pandemic: A reluctance from the Courts?
Newsflash : Court of Appeal Decision in re Debenhams Retail Ltd (in Administration)
What is a private FDR?
President of the Family Division welcomes Nuffield report into effectiveness of remote hearings during COVID-19
No.18 Chambers : New Merits, Advice, Drafting and Support package
No.18 Chambers : Here to help
The Coronavirus Job Retention Scheme - in its final form?
No.18 Resolution : An Alternative to the Court Room Scenario
News flash : Coronavirus Job Retention Scheme – An Update
Two-week rapid consultation on remote hearings in the Family Court launched
News Flash: Coronavirus Scheme published in full
Stop Press :Vicarious liability – clarity from the Supreme Court
News Flash 'New Guidance on Domestic Violence Injunctions issued by the Government’
118th Practice Direction Update to the Civil Procedure Rules – Coronavirus Pandemic related
No.18 Chambers Launches Family Law Emergency helpline
Stop Press :Contact and Coronavirus
Update from the President of the Family Division: how to submit an appeal during the COVID-19 crisis
STOP PRESS : Updated Vento Bands
Procedure Rules – Coronavirus Pandemic Related
No.18 Chambers : Here to help
NEWS FLASH :The Coronavirus Job Retention Scheme – What is it and How Does it Work?
NO.18 CHAMBERS: BUSINESS AS USUAL
Guidance re: Civil Proceedings during the Coronavirus Pandemic
Coronavirus Crisis: Guidance on Compliance with Family Court Child Arrangement Orders
Update :The Remote Access Family Court: COVID-19 (coronavirus)
News Flash : UK Civil Partnership Vs Marriage - What’s The Difference?
COVID 19: National Guidance for the Family Court (19th March 2020)
Coronavirus Update : message from the Lord Chief Justice
Coronavirus update from the Lord Chief Justice
Financial Remedies Courts – e-bundles protocol
Financial Remedies Courts: Structure document and Good Practice Protocol
STOP PRESS – Sara Chalk reported in Court of Appeal representing child through her children’s guardian- Re N (A Child) [2019] EWCA Civ 1997
News Flash: Katie Henry invited to speak at the World Congress in Singapore in July 2020
Stop Press: Barnaby Large (2007) secures big win for disabled employee in multi-day discrim case
Merry Christmas from all at No 18 Chambers
Observations from the Frontline: MOJ STAGE 3
Flexible Operating Hours: The future of the courts or a recipe for disaster?
No.18 Chambers welcomes New Pupil Sarah Barber
Stop Press :No.18 Chambers increases recognition in the annual Legal 500 rankings for fourth year running
A (short) Guide to the Treatment of Pensions on Divorce The Report of the Pension Advisory Group (PAG) July 2019
No.18 Chambers Welcomes New Tenant – Rachel Chapman (2017)
STOP PRESS – BARNABY LARGE HAS EAT CASE REPORTED (UKEAT/0282/18/RN)
Case study : Order for lump sum -v- undertaking to pay a lump sum
STOP PRESS : Does Boris need a non-cohabitation agreement
Stop Press: The Spectre of Dishonesty
Stop Press: New Guidance on orders in Children cases
STOP PRESS : No.18 Welcomes Dan Fantham & Beth Miles to the Clerksroom
No.18 Chambers Welcomes New Tenant – Amelia King (2016)
STOP PRESS :Judicial Appointment in Chambers
Chambers are sorry to announce the sad passing of Chas Cochand.
News Flash: General Damages for Methanol Exposure
Stop Press :Simplistic Pensions Overview.
No.18 Barristers Chambers Sponsor The Hampshire Law Society Annual Dinner 2019
Stop Press :Simplistic Pensions Overview.
NEWS FLASH : Disclosure in the Family court
No.18 Chambers is delighted to announce that Tracey Hennessey will be speaking to the Junior Lawyers Division(South Hampshire) about Chasing your career goals
News Flash :Slow disclosure of medical records under DPA /GDPR
No.18 Chambers are delighted to welcome our new Junior Clerk Christine MacFarlane
Stop Press :No.18 Barristers Chambers increases recognition in the annual Legal 500 rankings
No.18 Chambers are delighted to announce Claire Hook's re-appointment on the South Hampshire Junior Lawyers Division Committee
STOP PRESS: New guidance on children orders have been issued along with changes to PD27A
STOP PRESS : Proceedings concerning parents with a learning disability
No.18 Chambers are delighted to welcome our new Junior Clerk Laura Hepburn
No.18 proud to be walking in the Southampton Legal Walk for third year running - Please donate...
No.18 Chambers Welcomes New Tenant – John Franklin (2016)
No.18 Chambers welcomes New Pupil Amelia King
No.18 Chambers Welcomes New Tenant – Sara Chalk (2018)
STOP PRESS: Restrictive Covenants in Employment Contracts
No.18 Barristers Chambers Sponsor The Hampshire Law Society Annual Dinner
No.18 Chambers Welcomes New Junior Clerk: Rebecca Burns
No.18 Chambers Welcomes New Tenant – Claire Hook (2010)
No.18 Barristers Chambers Jointly Sponsor The Chartered Institute of Legal Executives Bournemouth and District Branch 86th Annual Dinner
No.18 Barristers Chambers Jointly Sponsor Ridge Runner OCR
Tracey Hennessey interviewed on UK Talk Radio
Katherine Henry (2008) is published in family affairs with article on speaking at to speak at the World Congress on Family Law and Children Rights
Barney Large published in Daniel Barnett’s Employment Bulletin:
No.18 Chambers Appoints new Head of Chambers
NEWS FLASH : The blame game…is it time to move to no fault divorce
Barney Large published in Daniel Barnett’s Employment Bulletin:
Legal Walk for third year running - Please donate...
No.18 Chambers delighted to open London consulting room
STOP PRESS: Self Employed Cyclist Runs Rings Round Courier Companies.....
Merry Christmas from No18 Chambers
News Flash : Katherine Henry (2008) is invited to speak at the World Congress on Family Law and Children Rights
No.18 Barristers Chambers are excited to announce sponsorship of Trojans R.F.C
No.18 Barristers Chambers gains Recognition in the annual Legal 500 rankings
No.18 Chambers Welcomes New Tenant – Sarah Hirech (2012)
Stop Press: The Employment Implications (or Lack Thereof) of Abuse of Migrant Workers
Stop Press: The importance of sibling relationships
Twelve Month Pupillage
No.18 receives Bronze Award from Armed Forces Covenant Employer Recognition Scheme
Helen Nugent (2007) to speak at APIL Annual conference
Helen Nugent published in the International Family Law Journal
No.18’s Pen Competition
No.18 proud to be walking in the Southampton Legal Walk for second year running - Please donate...
The No.18 Approach to Personal Injury & Clinical Negligence
No.18 Chambers - Fee Structures & Costs
The No.18’s Employment Solution
Katherine Henry (2008) wins grant from Bar Council & Family Law Bar Association
Shannon Revel (2014 ) wins CBA Award
Shannon Revel (2014) appointed to CPS Advocate Panel
Stop Press : The Changing Face of Mortgage Regulation
No.18 Chambers Welcomes New Tenant – James Vatcher (2006)
No.18 Chambers Welcomes New Tenant – Shannon Revel (2014)
STOP PRESS : Misuse and abuse of section 20. (Re N (Children) (Adoption: Jurisdiction) [2015] EWCA Civ 1112)
No.18 Chambers Welcomes New Tenant - Tracey Hennessey (2001)
Wye Valley NHS Trust v B (Rev 1) [2015] EWCOP 60 – Individual autonomy succeeds against medical advice as to a patient’s best interests
No.18 Welcomes New Tenant
Laura Baines speaks at the launch of the International Education Forum Executive Business Network
No.18 welcomes new junior clerk
NEWS FLASH : The ‘tragic’ case of Re A (A child) [2015] EWCA Civ 910: Implacable hostility in contact cases
STOP PRESS - Scotland to Abolish Tribunal Fees
STOP PRESS - Is a noise induced hearing loss claim a ‘disease’ for the purposes of the costs of a CFA?
STOP PRESS – Proactive role should be taken by the judiciary in the absence of representation and funding.
STOP PRESS - Helen Nugent elected as Secretary to the APIL Barristers’ Group
STOP PRESS – JA (meaning of “access rights”) India [2015] UKUT 00225 (IAC)
STOP PRESS - Lee Young Successful in the Court of Appeal; setting aside Care & Placement Orders and remitting decision back - Re: T (2015)
Whats in the News:
Recent Family Reported Cases
NA v LA [2024] EWFC 113
Friday 24th May 2024
Order staying wife's financial remedies application for Non-Court Dispute Resolution, pursuant to Rule 3.4(2) Family Procedure Rules. https://caselaw.nationalarchives.gov.uk/ewfc/2024/113
N (A Child) (Ukraine: Art. 13 (b)) (No. 2), Re [2024] EWHC 1282 (Fam)
Friday 24th May 2024
Final hearing of application by father for summary return of child to Ukraine. Mother's Art.13(b) defence rejected, and return ordered. https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/1282
C v S [2024] EWFC 109
Friday 24th May 2024
Applications by husband to vary terms of financial remedy order relating to the use of monies from a damages award for his child, who has lifelong care needs. Applications granted. https://bailii.org/ew/cases/EWFC/HCJ/2024/109.html…
CJ v ME & Anor [2024] EWFC 112
Friday 24th May 2024
Proceedings concerning issue of whether child should be able to spend holidays with her mother in Japan. Held that this would not be in the child's best interests. https://bailii.org/ew/cases/EWFC/HCJ/2024/112.html
Anna Catherine Standish v Clive Thomas Standish [2024] EWCA Civ 567
Thursday 23rd May 2024
Appeal by wife and cross-appeal by husband from financial remedy order, the issue concerning what were matrimonial assets. Wife's appeal dismissed, but husband's allowed.
A & Ors (Care Proceedings: 1996 Hague Convention: Habitual Residence), Re
Thursday 23rd May 2024
Judgment in care proceedings concerning 4 children subject to an undetermined asylum application, considering issue of jurisdiction. https://caselaw.nationalarchives.gov.uk/ewfc/2024/110
H, Re [2024] EWHC 1191 (Fam)
Friday 17th May 2024
Proceedings concerning whether child subject to care proceedings, & who the court ordered should presently remain with her parents, should be allowed to go on holiday with parents to Spain. Held that she should. https://bailii.org/ew/cases/EWHC/Fam/2024/1191.html
C (A Child) (Financial Provision: Non-disclosure), Re [2024] EWFC 115
Wednesday 15th May 2024
Final hearing of M's application for financial provision. F found to have failed to disclose true financial position & ordered to pay various sums, inc. £1m for housing. https://caselaw.nationalarchives.gov.uk/ewfc/2024/115
The Local Authority v M & Ors [2024] EWFC 70 (B)
Sunday 21st April 2024
Care proceedings concerning 4 children, issued after children found to have suffered multiple minor injuries. Care orders made. https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/70
Father v Mother [2024] EWFC 74 (B)
Wednesday 3rd April 2024
Hearing of father's applications, including to vary contact order, and to change child's surname. Contact order varied, but change of name application refused. https://bailii.org/ew/cases/EWFC/OJ/2024/74.html
Bracknell Forest Council v Mother & Ors [2024] EWFC 68
Wednesday 27th March 2024
Fact-finding in care proceedings concerning marks found on body of child. Not found that the marks were bruises, or that they had been inflicted by parents. Application dismissed. https://bailii.org/ew/cases/EWFC/OJ/2024/68.html…
H & Anor v S & Anor [2024] EWHC 730 (Fam)
Wednesday 27th March 2024
Child arrangements dispute between child's 2 fathers and her mother, including application by fathers for permission to relocate abroad. Permission granted. https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/730…
Y-Z (Declaration of Parentage), Re [2024] EWHC 649 (Fam)
Thursday 21st March 2024
Application for declaration of parentage relating to child conceived with donor sperm at fertility clinic, notwithstanding an issue with the paperwork. Declaration made. https://bailii.org/ew/cases/EWHC/Fam/2024/649.html
Wessex Fertility Ltd & Ors v Donor Conception Network [2024] EWHC 587 (Fam)
Friday 15th March 2024
Claim by fertility clinic seeking declaration that it is lawful to request that an egg donor provide a DNA sample for the purposes of genetic analysis. https://bailii.org/ew/cases/EWHC/Fam/2024/587.html
VAGDALT v. HUNGARY - 9525/19 (Article 8) [2024] ECHR 199
Thursday 7th March 2024
Application by F claiming violation of his Art 8 right due to his inability to contest a declaration of paternity in respect of his biological child. https://bailii.org/eu/cases/ECHR/2024/199.html
VAGDALT v. HUNGARY - 9525/19 (Article 8) [2024] ECHR 199
Thursday 7th March 2024
Application by F claiming violation of his Art 8 right due to his inability to contest a declaration of paternity in respect of his biological child. https://bailii.org/eu/cases/ECHR/2024/199.html
Tousi v Gaydukova [2024] EWCA Civ 203
Wednesday 6th March 2024
Appeal by 'husband' from a transfer of tenancy order in relation to the family home made in favour of the 'wife' following a void marriage, on basis that the parties were cohabitants. Appeal dismissed. https://bailii.org/ew/cases/EWCA/Civ/2024/203.html
Peterborough City Council v Mother & Ors [2024] EWHC 493 (Fam)
Wednesday 6th March 2024
Application by LA for a DoLs order in respect of a very severely disabled 12 year old child. Application refused. https://bailii.org/ew/cases/EWHC/Fam/2024/493.html
X (Children), Re (Abduction: Grave Risk: Children's Objections) [2024] EWHC 1296 (Fam)
Wednesday 6th March 2024
Application by F for return of children to Hong Kong, opposed on basis of harm & children's objections. Return ordered, subject to protective measures. https://bailii.org/ew/cases/EWHC/Fam/2024/1296.html
Z (No.5) (Enforcement), Re [2024] EWFC 44
Monday 4th March 2024
Applications by M relating to the enforcement of award of under Schedule 1 Children Act. Orders made, including for freezing order to continue and capitalisation of child support. https://caselaw.nationalarchives.gov.uk/ewfc/2024/44
N (Adoption – Surrogacy), Re [2024] EWFC 41
Thursday 29th February 2024
Adoption application made by married couple in respect of child born as a result of a surrogacy arrangement in 2005, where the husband is the child's genetic father. Adoption order made. https://caselaw.nationalarchives.gov.uk/ewfc/2024/41
R & Y (Children), Re [2024] EWCA Civ 131
Wednesday 28th February 2024
Appeal by M against order for the return of two children to the United Arab Emirates. Appeal allowed, after finding that judge had failed to adequately take into account findings of abuse by F. https://bailii.org/ew/cases/EWCA/Civ/2024/131.html
A Local Authority v M & Ors [2024] EWFC 35
Wednesday 28th February 2024
Rehearing of fact-finding in conjoined public and private law proceedings involving two children, to consider allegation that child had been sexually abused. Allegations not proved. https://bailii.org/ew/cases/EWFC/HCJ/2024/35.html…
C v D (No 2) (2007 Hague Convention) [2024] EWFC 36
Tuesday 27th February 2024
Re-hearing of the appeal of the father against the registration of a child support order made in Colorado in February 2019. Appeal dismissed. https://caselaw.nationalarchives.gov.uk/ewfc/2024/36
H v A [2024] EWHC 476 (Fam)
Monday 26th February 2024
Application by father for summary return of children to Sweden. Application adjourned to ascertain, inter alia, whether the mother would be arrested if she were to return with the children to Sweden. https://bailii.org/ew/cases/EWHC/Fam/2024/476.html…
West Northamptonshire Council v The Mother (Psychological Assessments) [2024] EWHC 395 (Fam)
Friday 23rd February 2024
Application for a psychologist to undertake cognitive assessment of mother in care proceedings. Includes guidance regarding such applications. https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/395
Gloucestershire County Council v Mother & Ors [2024] EWFC 38 (B)
Wednesday 21st February 2024
Judgment concerning future of child who had been in care for nearly two years. Child to remain with foster parents under special guardianship order. https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/38
London Borough A v A & Ors [2024] EWFC 46
Wednesday 21st February 2024
Care proceedings, in which the primary issues related to domestic abuse and neglect. Case conducted within the FDAC, despite having almost no issues in relation to substance misuse. https://bailii.org/ew/cases/EWFC/OJ/2024/46.html…
The Mother & Anor v Shropshire Council & Anor [2024] EWHC 344 (Fam)
Monday 19th February 2024
Care proceedings concerning 2 year old child. Ordered that she should remain in the care of her parents. https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/344
AB (a child) (Habeas Corpus), Re [2024] EWCA Civ 105
Wednesday 14th February 2024
Appeal by mother against dismissal of her writ for habeas corpus by which she sought the return to her care of her daughter, who lives with her father under a CAO. Appeal dismissed. https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/105
M v F & Anor [2024] EWFC 34
Wednesday 14th February 2024
Fact-finding hearing to deal with allegations made in the context of Children Act proceedings, both parents claiming the other had harmed the child. All allegations not proved. https://bailii.org/ew/cases/EWFC/OJ/2024/34.html
KS v VS [2024] EWHC 278 (Fam)
Monday 12th February 2024
Costs judgment following H’s successful application for stay of divorce & financial remedy proceedings in this jurisdiction, in favour of proceedings in Monaco. W ordered to pay £196,000 towards H's costs. https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/278
T (Father) v G (Mother) [2024] EWHC 246 (Fam)
Friday 9th February 2024
Re-hearing of application by father for summary return of child to USA. Article 13(b) defence made out and application dismissed. https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/246
JANOCKOVA AND KVOCERA v. SLOVAKIA - 39980/22 (Article 8) [2024] ECHR 111
Thursday 8th February 2024
Application by mother and son successfully claiming breaches of Arts 8 & 13 for failure of authorities to enforce contact order. https://bailii.org/eu/cases/ECHR/2024/111.html
Alvina Collardeau v Michael Fuchs & Anor [2024] EWHC 256 (Fam)
Thursday 8th February 2024
App by W for permission to bring contempt proceedings against H for allegedly inventing a telephone call between H and W's solicitor, to debar W's solicitor from acting. https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/256
Normal 0 false false false EN-GB X-NONE X-NONE MicrosoftInternetExplorer4App by W for permission to bring contempt proceedings against H for allegedly inventing a telephone call between H and W's solicitor, to debar W's solicitor from acting. https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/256
YM (Care Proceedings) (Clarification of Reasons) [2024] EWCA Civ 71
Thursday 8th February 2024
Appeal by LA from findings made in care proceedings. Appeal dismissed. Guidance given on process of seeking clarification of reasons given by the judge for findings. https://bailii.org/ew/cases/EWCA/Civ/2024/71.html
Lazaros Panagiotis Xanthopoulos v Alla Aleksandrovna Rakshina (Costs) [2024] EWCA Civ 100
Thursday 8th February 2024
Hearing dealing with costs following husband's successful appeal against award made, following Russian divorce. Costs order made against wife. https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/100
Gloucestershire County Council v A & Ors [2024] EWFC 18 (B)
Friday 2nd February 2024
Care proceedings concerning child whose parents had long history of substance misuse, heard in FDAC. Supervision order made after parents achieved abstinence from drugs. https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/18
Griffiths v Kniveton & Anor [2024] EWHC 199 (Fam)
Friday 2nd February 2024
F's application for direct contact, in case where he had been found to have raped M. No direct contact ordered and 3 year barring order made. https://bailii.org/ew/cases/EWHC/Fam/2024/199.html
U, Re (A Child: Deprivation of Liberty) [2024] EWHC 228 (Fam)
Friday 2nd February 2024
Application by local authority for deprivation of liberty order in relation to 7 year-old child. Application granted. https://bailii.org/ew/cases/EWHC/Fam/2024/228.html
TKJ, Re (Abduction: Hague Convention (Italy)) [2024] EWHC 198 (Fam)
Friday 2nd February 2024
Application by father for summary return of child to Italy. Application dismissed, after mother's Article 13(b) harm defence made out. https://bailii.org/ew/cases/EWHC/Fam/2024/198.html
AS v AB [2024] EWFC 24
Thursday 1st February 2024
Application by husband for permission to appeal against non-molestation order and occupation order requiring him to vacate the matrimonial home. Permission granted. https://bailii.org/ew/cases/EWFC/OJ/2024/24.html
W, Re (Abduction: Asylum) [2024] EWHC 189 (Fam)
Thursday 1st February 2024
F's application for return of children to the US, following their wrongful removal from the US in about July 2019. Application dismissed, following finding that children were settled here. https://bailii.org/ew/cases/EWHC/Fam/2024/189.html
A Local Authority v The Mother & Ors [2024] EWFC 19 (B)
Wednesday 31st January 2024
Care proceedings concerning 4 children, issued following concerns over care given to them by parents. Threshold met, but care applications adjourned pending updated care plans. https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/19
V & Anor (Children: Welfare), Re [2024] EWFC 69
Wednesday 31st January 2024
Welfare hearing in child arrangements proceedings, following earlier findings of abuse against the mother. Order made for children to live with father. https://bailii.org/ew/cases/EWFC/
Z, Re (Surrogacy: Step-parent Adoption) [2024] EWFC 20
Tuesday 30th January 2024
Child born as result of surrogacy arrangement between a same-sex male couple. Step-parent adoption application by partner of biological father. No adoption order made. https://bailii.org/ew/cases/EWFC/HCJ/2024/20.html
MB v KB & Ors (Costs) [2023] EWHC 3299 (Fam)
Thursday 21st December 2023
Costs judgment following dismissal of father's application for summary return of children to Qatar. Full report: Bailii.
WX v HX [2023] EWFC 279
Thursday 21st December 2023
Hearing of W's financial remedies application, issues including valuation of H's shareholding in a family company and H's non disclosure of assets. W awarded matrimonial home + £40k costs. https://bailii.org/ew/cases/EWFC/OJ/2023/279.html
Galbraith-Marten v De Renee [2023] EWFC 253
Wednesday 20th December 2023
Judgment in application to vary periodical payments order made under Schedule 1 Children Act 1989. Full report: Bailii.
P v M & Ors [2023] EWFC 254
Wednesday 20th December 2023
Application by father for contact with children, in which there were findings that his behaviour towards the children had caused them to feel anxious, upset, confused and pressured. Full report: National Archives.
EC v BM [2023] EWHC 3237 (Fam)
Friday 15th December 2023
Application by father for summary return of children to USA, the family having fled there from the war in Ukraine. Held that the father had not proved that the children were habitually resident in the USA on the date of removal. Full report: Bailii.
MB v KB & Ors [2023] EWHC 3177 (Fam)
Wednesday 13th December 2023
Application by father under inherent jurisdiction for summary return of children aged 15 and 12 to Qatar. Application dismissed, having regard to children's objections. Full report: National Archives.
KH v MB [2023] EWHC 3194 (Fam)
Wednesday 13th December 2023
Application by mother under inherent jurisdiction for order for summary return of child from Algeria, the father having left him there. Return ordered. Full report: National Archives.
T v T [2023] EWFC 243
Tuesday 12th December 2023
Application by mother for permission to take child to Pakistan for a holiday over the Christmas period. Application refused. Full report: Bailii.
Birmingham City Council v M & Ors [2023] EWHC 3312 (Fam)
Tuesday 12th December 2023
Care proceedings in respect of two children aged 10 and 8, issued following allegations by M’s two older daughters that F had sexually assaulted them. Full report: National Archives.
D v E [2023] EWHC 3171 (Fam)
Monday 11th December 2023
Application by mother for costs following successful application under Hague Convention for return of child. No order for costs. Full report: National Archives.
Ms X v Mr Y [2023] EWHC 3170 (Fam)
Monday 11th December 2023
Application by mother for various orders, including removal of father's parental responsibility. Includes judicial comment on management of highly contentious private law proceedings. Full report: Bailii.
J, Re (Habitual Residence: Acquiescence) [2023] EWHC 3141 (Fam)
Friday 8th December 2023
Application by father for summary return of child to Canada. Application dismissed, after defences of habitual residence and acquiescence made out. Full report: Bailii.
HTD and HTE (Children), Re (Temporary Removal from Jurisdiction - Malaysia and Hong Kong) [2023] EWFC 227
Friday 8th December 2023
Child arrangements proceedings, including issue of whether children should visit maternal family members in Hong Kong and Malaysia. Full report: Bailii.
BL v OR [2023] EWFC 229
Thursday 7th December 2023
Final hearing of W's financial remedies application, the core issues being the weight to be given to a prenuptial agreement and the impact upon the award that W receives of her giving to her daughters during the marriage her main asset, and her failure to enforce a large order for costs and interest payable to her by her former husband. Full report: Bailii.
H v GH [2023] EWFC 235
Thursday 7th December 2023
Application by husband for an order varying the date for payment of a lump sum of £1.1 million. Application struck out for lack of jurisdiction. Full report: National Archives.
G (Children) (Supervised Contact), Re [2023] EWCA Civ 1453
Monday 4th December 2023
Appeal by father against contact order progressing from supervised to overnight, dependent upon him engaging in psychotherapy. Appeal dismissed. Full report: National Archives.
T (Abduction: Protective Measures: Agreement to Return), Re [2023] EWCA Civ 1415
Friday 1st December 2023
Appeal by mother from consent order for return of child to USA, on the grounds, inter alia, that there was no agreement regarding protective measures. Appeal allowed. Full report: National Archives.
HO v TL [2023] EWFC 215
Friday 1st December 2023
Final hearing of financial remedies application, involving assets worth £22m. H awarded c.65.5% to reflect, inter alia, fact that over £10m of assets were non-matrimonial on H's side. Full report: National Archives. See also costs judgment, here.
C v M (A Child) (Abduction: Representation of Child Party) [2023] EWCA Civ 1449
Friday 1st December 2023
Appeal by father from dismissal of application for order for summary return of 2 children to Mauritius. Appeal dismissed. Full report: Bailii.
M (A Child) (1980 Hague Convention : Abduction: Article 13(b): Mental Health), Re [2023] EWHC 3164 (Fam
Friday 1st December 2023
Application by father for summary return of child to Australia. Mother's Art 13(b) defence not made out, and return ordered. Full report: Bailii.
B and G (Children), Re [2023] EWFC 220
Thursday 30th November 2023
Care proceedings in relation to 2 children aged 15 and 13, issued following concerns regarding the mother's poor mental health. Full report: National Archives.
X & Anor (Declaration of Parentage), Re [2023] EWFC 217
Thursday 30th November 2023
Application by couple for a declaration of parentage in relation to child born using donor egg and sperm, issued due to Clinic discovering consent form not completed. Full report: National Archives.
B and G (Children), Re [2023] EWFC 225
Thursday 30th November 2023
Final hearing of care proceedings concerning 2 children, aged 15 and 13, issued following concerns around volatility in the relationship between the mother and the children. Full report: Bailii.
A v B & Anor [2023] EWHC 3041 (Fam)
Wednesday 29th November 2023
Father's application for summary return of son to Ireland. Interim return order made pending final hearing, as child's special needs could only be met in Ireland. Full report: National Archives.
A (a child), Re [2023] EWFC 198
Wednesday 29th November 2023
Fact-finding in private law proceedings, in relation to abuse allegations made by both parties against the other. Full report: National Archives.
G (A Child: Care Order) (Complex Developmental Needs) (No 2), Re [2023] EWFC 218
Wednesday 29th November 2023
Final hearing of care proceedings concerning an 11 year old boy with significant disability. Care order made with a plan that child be accommodated in residential home. Full report: National Archives.
GHAZARYAN v. ARMENIA - 30129/21 (Article 8 - Right to respect for private and family life : Fourth Section Committee) [2023] ECHR 943
Tuesday 28th November 2023
Case concerning the manner in which the courts in Armenia dealt with the applicant's request for the return of his daughter to her habitual place of residence (Germany). Held, there had been a violation of Art 8. Full report: Bailii.
H (Surrogacy: Step-parent adoption), Re [2023] EWFC 214
Tuesday 28th November 2023
Application for a step-parent adoption in relation to a child born following a surrogacy arrangement. Full report: National Archives.
H v Butt & Anor [2023] EWHC 3042 (Fam)
Tuesday 28th November 2023
Application for committal of father for contempt for failing to comply with a series of orders requiring him to bring his son back from the UAE. Full report: Bailii.
DH v RH (No 2) (Variation of Interim Arrangements) [2023] EWFC 210
Tuesday 28th November 2023
Hearing of numerous interim applications by both parties in the course of financial remedy proceedings, including relating to a freezing order, MPS and a LSPO. Full report: Bailii.
GA v EL [2023] EWFC 206
Monday 27th November 2023
Wife's application for financial remedies, the one significant issue being how to divide the proceeds of sale of a business, in which the parties held a 50% interest. Full report: Bailii.
AA, Re (Re Children Act 1989) [2023] EWFC 278
Monday 27th November 2023
Care proceedings concerning child born in 2022, issued following concerns that the parents had caused injuries to the child. Allegations that they had caused the injuries not proved. https://bailii.org/ew/cases/EWFC/OJ/2023/278.html
Fatima & Ors, Re [2023] EWFC 212
Friday 24th November 2023
Care proceedings in relation to 4 children whose youngest sibling had died following head injuries. Full report: Bailii.
The London Borough of Merton v The Mother & Ors [2023] EWFC 220 (B)
Friday 24th November 2023
Application by children's guardian in care proceedings for appointment of expert to explain cause of death of sibling. Application refused. https://bailii.org/ew/cases/EWFC/OJ/2023/220.html
N (Children: Revocation of Placement Orders), Re [2023] EWCA Civ 1352
Friday 17th November 2023
Appeal by mother from the dismissal of applications to discharge placement orders and for the instruction of an independent social worker. Appeal dismissed. Full report: National Archives.
London Borough of Ealing v Mother & Ors [2023] EWFC 201
Wednesday 15th November 2023
Final hearing of care proceedings concerning 13 year old child, issued following concerns around physical chastisement, emotional abuse and difficulties in the relationship with his mother. Full report: Bailii.
SK v RO [2023] EWHC 2896 (Fam)
Tuesday 14th November 2023
Hearing in private law proceedings to decide whether a Special Advocate should be appointed for the father, in relation to serious allegations of violence made by the mother against the father. Full report: Bailii.
L & Anor (Application to Set Aside Return Order), Re [2023] EWHC 2617 (Fam)
Friday 10th November 2023
Application by mother to set aside order for summary return of children to Italy. Application dismissed. Full report: Bailii.
C (Change of Forename: Child in Care), Re [2023] EWHC 2813 (Fam)
Thursday 9th November 2023
Application by local authority for permission to change forename of 8 month old child in interim care. Permission granted, provided care plan approved and care order made on that basis. Full report: National Archives.
A Wife v A Husband [2023] EWFC 200
Thursday 9th November 2023
Final hearing of wife's financial remedies application, in which the main issue was the wife's housing need, and how it should be funded. Full report: National Archives.
J & Ors, Re (Children: Interim Removal) [2023] EWCA Civ
Friday 3rd November 2023
Appeal by father against interim care orders made in respect of three children. Appeal allowed. Full report: Bailii.
George & Ors, Re [2023] EWFC 191
Friday 3rd November 2023
Final hearing of father's child arrangements application seeking joint care of 4 children, in which he exhibited challenging and abusive behaviours. Application dismissed, and supervised contact ordered. Full report: Bailii.
B v G (Convention on the Civil Aspects of International Child Abduction) [2023] EWHC 2752 (Fam)
Thursday 2nd November 2023
Application by father seeking return of 12 year old child to Spain, in case where the mother had died and child was living with her grandmother. Return ordered, despite child's objections. Full report: Bailii.
L v K (Convention on the Civil Aspects of International Child Abduction) [2023] EWHC 2766 (Fam)
Thursday 2nd November 2023
Application by mother for summary return of child to United States. Application dismissed, following finding that the child was habitually resident in the UK on the relevant date. Full report: Bailii.
TJ v RC & Anor [2023] EWFC 189
Thursday 2nd November 2023
Fact-finding in private law proceedings concerning, inter alia, mother's allegations that the father had made threats to kill her and the maternal grandparents. Full report: National Archives.
Cornwall Council v M & Ors [2023] EWFC 188
Thursday 2nd November 2023
Application by mother for an order prohibiting the father from exercising his parental responsibility to give permission for the police to interview the parties’ daughter. Application refused. Full report: National Archives.
Mother v Father & Ors [2023] EWHC 2728 (Fam)
Wednesday 1st November 2023
Further hearing in application by mother for summary return of children to France, concerning declarations regarding the children's habitual residence and jurisdiction. Full report: National Archives. See here for main judgment on mother's application.
GA v EL [2023] EWFC 187
Tuesday 31st October 2023
Application by wife in financial remedy proceedings to instruct second expert regarding valuation of business, following valuation by single joint expert. Application dismissed. Full report: Bailii.
S (1980 Hague Convention; Habitual Residence; Article 13), Re [2023] EWHC 2717 (Fam)
Tuesday 31st October 2023
Application by mother for summary return of child to Japan. Held, child was habitually resident in England at time of alleged retention. Defences of acquiescence and harm also made out. Full report: National Archives.
K v K & Ors [2023] EWFC 202
Tuesday 31st October 2023
Final hearing of child arrangements proceedings, in which the father had been found to be coercive and controlling. Indirect contact only ordered. Full report: National Archives.
P v F [2023] EWHC 2730 (Fam)
Monday 30th October 2023
Appeal by father against order for indirect contact and s.91(14) order, both made at Dispute Resolution Hearing. Appeal allowed. Full report: National Archives.
EY (Fact-Finding Hearing) [2023] EWCA Civ 1241
Friday 27th October 2023
Appeal by local authority against dismissal of care application. Appeal allowed on grounds, inter alia, that judge had failed to give sufficient weight to clinical psychologist's report. Full report: Bailii.
His Majesty's Solicitor General v Wong (Re Contempt of Court Act 1981 - Administration of Justice Act 1960 - Part 37 Family Procedure Rules 2010) [2023] EWHC 2684 (Fam)
Friday 27th October 2023
Contempt application concerning defendant's covert recording of adoption hearing. Full report: Bailii.
A and B (fact finding hearing – sexual abuse: no QLR available), Re [2023] EWFC 232
Friday 27th October 2023
Fact-finding in private law proceedings, concerning mother's allegations of abuse. No Qualified Legal Representative available for the father. Full report: National Archives.
VASSALLO v. HUNGARY - 32662/20 (Article 8 - Right to respect for private and family life : First Section Committee) [2023] ECHR 839
Thursday 26th October 2023
Case concerning the alleged failure of the Hungarian authorities to conduct a swift examination in proceedings under the Hague Convention. Held, there had been a violation of Article 8. Full report: Bailii.
Lancashire County Council v Claire X [2023] EWHC 2667 (Fam)
Thursday 26th October 2023
Hearing concerning deprivation of liberty of 15 year old girl with history of extreme self-harm. Full report: National Archives.
Z (A Child) (1980 Hague Convention), Re [2023] EWHC 2696 (Fam)
Thursday 26th October 2023
Application by mother for summary return of child to the Czech Republic. Return ordered, notwithstanding child's objections. Full report: National Archives.
H (Children: Placement Orders) [2023] EWCA Civ 1245
Wednesday 25th October 2023
Appeal by Children's Guardian from (i) revocation of placement orders in relation to 2 children and (ii) decision not to remove 3rd child under a care order. Appeal allowed in relation to (i) but dismissed in relation to (ii). Full report: Bailii.
SIOUD v. GERMANY - 48698/21 (Article 8 - Right to respect for private and family life : Fourth Section Committee) [2023] ECHR 830
Tuesday 24th October 2023
Application by father complaining of breach of Article 8 by domestic court when it suspended his contact with his daughter. Held, there had been a violation of Article 8. Full report: Bailii.
PACHECO CASTELO v. PORTUGAL - 13218/21 (Article 8 - Right to respect for private and family life : Fourth Section Committee) [2023] ECHR 828
Tuesday 24th October 2023
Complaint by father that judgment of Portuguese Supreme Court keeping joint legal custody of his child with both parents and establishing her domicile with her grandmother amounted to a breach of his Article 8 rights. Held, there had been a violation of Article 8. Full report: Bailii.
Dean Gregory v Nottingham University Hospitals NHS Foundation Trust & Ors [2023] EWCA Civ
Monday 23rd October 2023
Application by father for permission to appeal against order consenting to withdrawal of life support from critically ill child. Permission refused. Full report: National Archives.
DG v Secretary of State for Work and Pensions & EG (CSM) (Child support - calculation of income, Child support - variation/departure directions) [2023] UKUT 238 (AAC)
Monday 23rd October 2023
This appeal is about the circumstances in which the Secretary of State or, on appeal, the FTT, may agree a variation under regulation 69 of the Child Support Maintenance Calculations Regulations 2012 on the ground that the non-resident parent has “unearned income”. Full report: Bailii.
WSP (A Child) (Vaccination: religious objection), Re [2023] EWHC 2622 (Fam)
Friday 20th October 2023
Application by mother for injunction preventing local authority arranging routine vaccinations for child subject to interim care order. Application dismissed. Full report: National Archives.
London Borough of Hackney v P & Ors (Re Jurisdiction: 1996 Hague Child Protection Convention) [2023] EWCA Civ 1213
Thursday 19th October 2023
Appeal concerning issue as to date by reference to which the court determines whether it has jurisdiction based on a child's habitual residence, pursuant to the provisions of Article 5 of the 1996 Hague Convention. Full report: Bailii.
B v C (No. 2) (1996 Hague Convention Art 22) [2023] EWHC 2524 (Fam)
Thursday 19th October 2023
Application by mother to terminate parental responsibility for child fraudulently conferred on person under Spanish law. Full report: Bailii.
TOTH v. HUNGARY - 8324/18 (Article 8 - Right to respect for private and family life : First Section Committee) [2023] ECHR 806
Thursday 19th October 2023
Complaint by father under Article 8 that the Hungarian authorities had failed to enforce decisions in relation to his contact rights with his son. Held, there had been a violation of Art 8. Full report: Bailii.
TERESHCHENKO v. UKRAINE - 35481/20 (Article 8 - Right to respect for private and family life : Fifth Section Committee) [2023] ECHR 808
Thursday 19th October 2023
Case concerning the domestic courts' alleged failure to establish a schedule providing sufficient contact for the applicant to be able to maintain and develop a relationship with his daughter. Held, there had been a violation of Art 8. Full report: Bailii.
he Mother v The Father [2023] EWFC 182
Thursday 19th October 2023
Rehearing of fact finding in private law proceedings concerning serious allegations made by each party against the other. Full report: National Archives.
Fahad Abdi v Manchester City Council & Ors [2023] EWCA Civ 1214
Wednesday 18th October 2023
Appeal by father against 12 month committal for breaches of orders relating to the return of children to this jurisdiction. Appeal dismissed. Full report: National Archives.
Ezinne Uchechukwu-Onwubiko v Ihedinma Onwubiko & Ors [2023] EWHC 2812 (Fam)
Monday 16th October 2023
Dispute between two women as to who was the 'true' wife of deceased man. Full report: National Archives.
K v E [2023] EWHC 2890 (Fam)
Monday 16th October 2023
Application by father for summary return of child to Germany. Defences of consent and harm made out and application dismissed. Full report: Bailii.
Nottingham University Hospitals NHS Foundation Trust v Gregory & Ors [2023] EWHC 2556 (Fam)
Friday 13th October 2023
Application by NHS Trust for declarations that it is not in best interests of 7 month old child to receive various forms of invasive procedures in the event that she deteriorates to a point where such treatment is required to sustain life. Application granted. Full report: Bailii.
Derbyshire County Council v The Mother & Ors [2023] EWHC 2552 (Fam)
Friday 13th October 2023
Care proceedings in respect of two children aged 9 and 4. Fact-finding concerning serious knife injury suffered by 4 year old. Full report: Bailii.
A Local Authority v EF & Ors [2023] EWFC 178
Friday 13th October 2023
Care proceedings concerning two children, initiated as a result of the local authority’s view that the mother was overly controlling of the children and that she believed and treated them as though they both suffered from disabilities and difficulties which no professional had corroborated. Full report: Bailii.
Abigail Laura Williams v Andrew John Williams [2023] EWHC 3098 (Fam)
Friday 13th October 2023
Applications by wife for Hadkinson and LSPO orders, within financial remedy proceedings. Hadkinson application dismissed, the judge considering that such applications have no place in financial remedy proceedings prior to a final order. Full report: National Archives.
A Health Board v AZ & Ors (Termination of Childhood Pregnancy: Guidance) (Rev1) [2023] EWHC 2517 (Fam)
Wednesday 11th October 2023
Application by a Health Board for declarations that a termination of pregnancy would be in 11 year old girl's best interests and it would be in her best interests for tissue taken from the placenta to be used for the purposes of forensic testing in a criminal investigation. Full report: Bailii.
F v M & Ors [2023] EWFC 172
Wednesday 11th October 2023
Welfare hearing in private law proceedings, following findings that F had caused the children emotional harm. Full report: National Archives.
A and B (No 3)(domestic abuse – no direct contact – s91(14)), Re [2023] EWFC 192
Wednesday 11th October 2023
Father's application to review child arrangements order, in case where he had been found to have perpetrated serious domestic abuse against the mother, who subsequently committed suicide. Full report: National Archives.
I.V. v. ESTONIA - 37031/21 (Article 8 - Right to respect for private and family life : Third Section) [2023] ECHR 777
Tuesday 10th October 2023
Case concerning the applicant's unsuccessful attempt to obtain the annulment of a court decision by which his biological son was adopted by another man. Held, there had been a violation of Article 8. Full report: Bailii.
IJ v KL [2023] EWHC 3335 (Fam)
Tuesday 10th October 2023
Application by father for permission to appeal against findings of fact made in private law proceedings. Permission refused. Full report: Bailii.
G (A Child: Care Order) (Complex Developmental Needs) (No.1) [2023] EWFC 168
Monday 9th October 2023
G (A Child: Care Order) (Complex Developmental Needs) (No.1) [2023] EWFC 168
EBY (A Child) (Deprivation of Liberty Order: Jurisdiction) (17-year-old) [2023] EWHC 2494 (Fam)
Monday 9th October 2023
Application by Local Authority for an order under the High Court's inherent jurisdiction authorising the Local Authority to deprive a 17-year-old child of her liberty. Full report: Bailii.
P (A Child : SGO and Contact) [2023] EWFC 167
Friday 6th October 2023
Application by parents for contact with 10 year old child living with former friend under a SGO made in 2016. Full report: Bailii.
LT v ZU [2023] EWFC 179
Friday 6th October 2023
Father's challenge to arbitral award made pursuant to Schedule 1 Children Act 1989. Application allowed, on grounds (inter alia) that arbitrator had no power to require the applicant to borrow monies for the purposes of making a settlement of property. Full report: National Archives.
RG v TA (Appeal: Legal Services Funding Order: Schedule 1 Children Act 1989) [2023] EWHC 3155 (Fam)
Friday 6th October 2023
Application for permission to appeal against dismissal of application for LSPO in connection with his applications for child arrangements and financial provision orders. Permission granted and appeal allowed. Full report: Bailii.
Raza v Gall [2023] EWFC 181
Wednesday 4th October 2023
Committal hearing in relation to mother's failure to comply with a contact order. Full report: National Archives.
S and T (care - final hearing – s91(14)), Re [2023] EWFC 194
Friday 29th September 2023
Final hearing of care proceedings concerning 2 children, following fact-finding hearing. Older child to live at placement pursuant to care order and younger child placed with father. Full report: Bailii.
W, In the Matter Of [2023] EWFC 228
Friday 29th September 2023
Father's child arrangements application. No contact ordered, in light of father's abuse of mother and lack of commitment to the child. Full report: Bailii.
Cazalet v Abu-Zalaf [2023] EWCA Civ 1065
Friday 22nd September 2023
Appeal by wife from dismissal of her application to rescind decree nisi on the basis of reconciliation. Appeal allowed, decree rescinded and petition dismissed. Full report: Bailii.
Father v Maternal Aunt [2023] EWFC 204
Friday 22nd September 2023
Judgment in proceedings concerning whether child should live with father or maternal aunt, the mother having taken her own life. Full report: National Archives.
DG v KB [2023] EWFC 180
Thursday 21st September 2023
Father's application for contact. Fact-finding concerning allegations made by both parties, including mother's allegations of coercive control and rape. Full report: National Archives.
Ditchfield v Ditchfield (Appeal) [2023] EWHC 2303 (Fam)
Wednesday 20th September 2023
Appeal by husband from financial remedies order that divided the assets 68% to the wife and 32% to the husband. Appeal dismissed. Full report: National Archives.
Stockton Borough Council v M & Ors [2023] EWFC 260
Monday 18th September 2023
Care proceedings, issued following concerns focused around previous proceedings where M had been found to have caused injuries to child's older half sibling. Care order made. https://bailii.org/ew/cases/EWFC/HCJ/2023/260.html
Paul Mark Simon v Lauren Belinda Simon & Anor [2023] EWCA Civ 1048
Friday 15th September 2023
Appeal by husband against case management orders made following setting aside of consent order after application by litigation lender. Appeal allowed in part, but lender allowed to remain a party. Full report: National Archives.
D (A Child), Re (Abduction: Child's Objections: Representation of Child Party) [2023] EWCA Civ 1047
Thursday 14th September 2023
Appeal by 13 year-old child against order for his return to Singapore, raising issue as to role of a "solicitor-guardian" in 1980 Convention proceedings, and the evidence they can give. Appeal allowed. Full report: Bailii.
Surrey County Council v LV & Ors [2023] EWFC 186
Thursday 14th September 2023
Fact-finding hearing in care proceedings, concerning cause of injuries to child. Full report: National Archives.
FA v OA and intervenor (financial remedies - s37 application to set aside) [2023] EWFC 213
Thursday 14th September 2023
Application by wife to set aside a loan agreement entered into by the husband in 2009. Application dismissed. Full report: National Archives.
A, Re (Sexual Abuse - Care and Placement Orders) [2023] EWFC 222
Thursday 14th September 2023
Care proceedings concerning a fourteen-month old baby, issued because his mother had sexually abused two of her older children. Full report: Bailii. (See also Re A (foreign adoption), below.)
K.F. AND OTHERS v. NORWAY - 39769/17 (Article 8 - Right to respect for private and family life : Second Section Committee) [2023] ECHR 667
Tuesday 12th September 2023
Applications relating to decisions to withdraw the parents' parental responsibilities in respect of the children and to authorise their adoption, against the parents' wishes. Held, the applications disclosed a violation of Art 8. Full report: Bailii.
S.S. AND J.H. v. NORWAY - 15784/19 (Article 8 - Right to respect for private and family life : Second Section Committee) [2023] ECHR 675
Tuesday 12th September 2023
Complaint against decision to withdraw the first applicant's parental responsibilities in respect of her son, the second applicant, and to authorise his adoption by his foster parents. Held, there had been a violation of Art 8. Full report: Bailii.
D.R. v. NORWAY - 63307/17 (Article 8 - Right to respect for private and family life : Second Section Committee) [2023] ECHR 666
Tuesday 12th September 2023
Applications concerning complaints under Article 8 relating to withdrawals of and limitations on the applicants' right to contact with their children, who had been taken into public care. Held that the applications disclosed a violation of Article 8. Full report: Bailii.
St George's University Hospitals NHS Foundation Trust v Andy Casey & Ors [2023] EWHC 2244 (Fam)
Tuesday 12th September 2023
Application by NHS Trust for declaration that patient had died and that it was lawful for doctors to withdraw ventilatory support. Full report: National Archives.
A, Re (Foreign Adoption) [2023] EWFC 221
Thursday 7th September 2023
Adoption order made following care proceedings, in favour of child's maternal aunt in Canada. Full report: Bailii.
NM v SM [2023] EWHC 2209 (Fam)
Wednesday 6th September 2023
Application by mother for summary return of child to Romania. Return order made. Full report: National Archives.
W (Care Proceedings) [2023] EWCA Civ 1251
Wednesday 6th September 2023
Application by mother for permission to appeal against a special guardianship order made in respect of her son, in favour of child's maternal uncle, the mother's brother and his partner. Permission refused. Full report: Bailii.
CZAJKOWSKI v. ROMANIA - 37024/20 (Article 8 - Right to respect for private and family life : Fourth Section Committee) [2023] ECHR 640
Tuesday 5th September 2023
Application by father claiming violation of Art 8 in respect of the non-enforcement of an order for return of children to Spain. Full report: Bailii.
X v. SLOVAKIA - 57752/21 (001-226061 : Article 8 - Right to respect for private and family life : First Section Committee) [2023] ECHR 627
Thursday 31st August 2023
Case concerning the length and effectiveness of proceedings initiated by the applicant with a view to modifying the contact rights of and monthly maintenance payments by the father. Held, there had been a violation of Article 8. Full report: Bailii.
SA, Re (Declaration of Non-Recognition of Marriage) [2023] EWCA Civ 1003
Wednesday 30th August 2023
Appeal from declaration that a forced marriage in Bangladesh involving a woman who lacked capacity was not recognised as valid in England and Wales. Appeal dismissed. Full report: Bailii.
T (Children), Re [2023] EWCA Civ 1004
Wednesday 30th August 2023
Care proceedings. Appeal by LA from directions for the children's return to the father. Appeal allowed. Full report: Bailii.
Re A Child (Care and Placement) [2023] EWFC 146
Wednesday 30th August 2023
Final hearing of application for care and placement orders in relation to one year-old child. Full report: National Archives.
GB (Part 25 Application: Parental Alienation) [2023] EWFC 150
Wednesday 30th August 2023
Appeal by mother in private law proceedings against direction permitting instruction of psychologist, following alienation assertions by father. Appeal allowed. Full report: Bailii.
AM v AF (private law final hearing) [2023] EWFC 153
Wednesday 30th August 2023
Final hearing of child arrangements proceedings, deciding issue of where the children should live, the parents living some way apart. Full report: National Archives.
CC (A Child), Re [2023] EWHC 2179 (Fam)
Tuesday 29th August 2023
DoLS application, opposed by Mother and Guardian, who claimed that the only reason that Local Authority were seeking order was the concern that, absent an order, the Placement may give notice to terminate the Placement. Full report: Bailii.
AP v BP & Ors (financial remedies - appeal - disclosure - privilege) [2023] EWFC 170
Tuesday 29th August 2023
Application by husband under s.37 to set aside two sets of transactions by which shares were transferred from the wife to the intervenors. Full report: Bailii.
A Local Authority v Mother & Ors [2023] EWFC 175
Tuesday 29th August 2023
Final hearing of care proceedings concerning 3 children. Care orders made in relation to all 3, and placement orders in relation to youngest 2. Full report: National Archives.
The Father v The Mother [2023] EWFC 176
Tuesday 22nd August 2023
Fact-finding in private law proceedings, to consider mother's allegations of abuse by father, the most serious being of rape. Full report: National Archives.
B v A Local Authority & Ors [2023] EWFC 154
Monday 21st August 2023
Care proceedings. Appeal by Children's Guardian against refusal of their application for ISW assessment of the grandparents. Appeal dismissed. Full report: Bailii.
The Mother v The Father [2023] EWHC 2078 (Fam)
Monday 14th August 2023
Costs judgment following unsuccessful appeal by mother from refusal of permission to reopen findings of fact in private law proceedings, in which the judge had made findings of parental alienation against the mother. Full report: Bailii.
H, In the Matter Of (No. 1) [2023] EWFC 230
Friday 11th August 2023
Fact-finding in child arrangements proceedings, concerning mother's allegations of domestic abuse. Full report: Bailii.
A Local Authority v Mother & Ors [2023] EWFC 173
Thursday 10th August 2023
Issues Resolution Hearing in care proceedings concerning three children, the Local Authority seeking findings in relation to sexual harm against Father; failure to protect arising out of that harm against Mother; and domestic abuse against both. Full report: Bailii.
Re R [2023] EWFC 144
Tuesday 8th August 2023
Care proceedings concerning a 13 year-old child, issued because she was beyond parental control. Application dismissed, the child's needs being met in her current placement. Full report: National Archives.
SA v AA [2023] EWHC 2016 (Fam)
Wednesday 2nd August 2023
Application by mother for an order for the return of three children from Somaliland, and for forced marriage protection and FGM orders in respect of one child. Full report: Bailii.
Re R & S (Twins: Relinquishment: Notification) [2023] EWHC 1971 (Fam)
Monday 31st July 2023
Application by local authority for a direction that it is under no obligation to notify members of the maternal and paternal families of a proposed adoption. Full report: National Archives.
A v J & Ors [2023] EWHC 1993 (Fam)
Monday 31st July 2023
Wardship proceedings issued by the mother alleging that the father had wrongfully separated the children from her when he brought them to this country. Hearing to determine, inter alia, with whom and in which country the children should live. Full report: Bailii.
B (A Child) (Fact-Finding) [2023] EWCA Civ 905
Monday 31st July 2023
Care proceedings. Appeal by mother against a finding that she was the perpetrator of serious physical injuries inflicted on child. Appeal allowed. Full report: Bailii.
BF v LE [2023] EWHC 2009 (Fam)
Monday 31st July 2023
Appeal by wife against refusal to set aside financial remedies order on grounds of lack of capacity and no participatory directions/special measures being in force. Appeal dismissed. Full report: National Archives.
D v E (Habitual Residence; Consent; Acquiescence) [2023] EWHC 1941 (Fam)
Wednesday 26th July 2023
Mother's application for summary return of children, opposed on grounds of habitual residence and acquiescence. Application granted. Full report: National Archives.
Re M & Anor (Children) (Permanent Relocation) [2023] EWFC 145
Monday 24th July 2023
Application by mother for permission to relocate with children to another country. Permission granted. Full report: National Archives.
Derbyshire County Council v Shannon Marsden & Ors [2023] EWHC 1892 (Fam
Friday 21st July 2023
Application by 3 media organisations for the release of various documents relating to care proceedings concerning 2 children, one of whom was killed by his parents after the children had been returned to them. Full report: National Archives.
A County Council v A Mother & Ors [2023] EWFC 122
Friday 21st July 2023
Care proceedings. Application by mother to discharge the father from the proceedings. Application refused. Full report: Bailii.
J v A [2023] EWFC 132
Friday 21st July 2023
Application by husband to stay divorce proceedings, where proceedings also taking place in Nigeria. Application dismissed. Full report: National Archives.
AFW v RFH [2023] EWFC 119
Thursday 20th July 2023
Applications by wife relating to the enforcement of a financial remedies order, the wife alleging that the husband had obstructed the implementation of the order. Full report: Bailii.
E (A Child: Care Proceedings Fact Finding) [2023] EWCA Civ 858
Wednesday 19th July 2023
Care proceedings. Appeal by mother against finding that she was the perpetrator of injuries inflicted on child. Appeal dismissed. Full report: National Archives.
H v W [2023] EWFC 120
Friday 14th July 2023
Cross-applications regarding a financial remedy order made in 2021, including an application by the husband for a further lump sum to compensate him for losses due to the wife's alleged attempts to frustrate the order and delay its implementation. Full report: National Archives.
JD v RMD [2023] EWFC 125
Friday 14th July 2023
Hearing of long-running financial remedies case, in which both the debts and the costs exceeded the (very modest) assets. Full report: National Archives.
FJ v LT [2023] EWHC 1783 (Fam)
Thursday 13th July 2023
Application by mother for summary return of child to Germany. Application dismissed, following finding that mother consented to child being retained in England by the father. Full report: Bailii.
Re T & Anor [2023] EWFC 143
Thursday 13th July 2023
Care proceedings, in which the local authority did not seek to remove the children from the mother's care, but only to ascertain how the younger child sustained serious injuries. Full report: National Archives.
Y & E (1996 Hague Convention: Article 11) [2023] EWCA Civ 817
Wednesday 12th July 2023
Appeal by local authority against an order discharging an interim care order in respect of two children who reside in Spain. Appeal allowed. Full report: Bailii.
Andrew v Beatrice & Ors [2023] EWFC 114
Wednesday 12th July 2023
Step-parent adoption of 18 year old. Notice requirement not complied with. Preliminary issue as to whether requirement was "imperative or directory". Full report: Bailii.
NJ v JB [2023] EWHC 1762 (Fam)
Wednesday 12th July 2023
Appeal by mother against dismissal of application to enforce and vary French child arrangements order, for want of jurisdiction. Appeal allowed. Full report: Bailii.
DH v RH [2023] EWFC 111
Wednesday 5th July 2023
Applications by wife for a LSPO and MPS, in financial remedies proceedings that had been ongoing for two and a half years. Both applications granted. Full report: National Archives.
James Patrick McClean v Carey Elizabeth McClean & Ors [2023] EWHC 1735 (Fam)
Tuesday 4th July 2023
Combined appeal brought by a husband and five companies of which he is the sole or majority shareholder against financial remedies order. Appeal allowed. Full report: National Archives.
A v B & Ors (Wardship; Parental Order; s10(9) Leave Application) [2023] EWHC 1680 (Fam)
Tuesday 4th July 2023
Proceedings issued by gestational surrogate of father's first child, concerning the applicant's legal relationship with the father's second child, also born as a result of a surrogacy arrangement. Full report: National Archives.
H (A Child) [2023] EWCA Civ 995
Tuesday 4th July 2023
Appeal by mother against order permitting removal of child's body to Bangladesh for burial. Appeal dismissed. Full report: Bailii.
A Father v A Mother [2023] EWFC 234
Tuesday 4th July 2023
Fact-finding hearing within father's contact application, to consider mother's allegations of serious domesti
Zhaolong Li (known as Nathan Li) v Oliver Benjamin Simons [2023] EWHC 1626 (Fam)
Friday 30th June 2023
Appeal from dismissal of application to vary periodical payments order. Appeal allowed. Full report: National Archives.
Re T & Ors (Children) (Adequacy of Reasons) [2023] EWCA Civ 757
Friday 30th June 2023
Care proceedings in relation to 4 children. Appeal by 19 year old sibling and mother against findings of fact made against them. Judge's reasons found to be seriously inadequate, and appeal allowed. Full report: National Archives.
Alder Hey Childrens NHS Foundation Trust v D & Ors [2023] EWHC 1997 (Fam)
Friday 30th June 2023
Applications by hospital trust for declaration regarding extubation of ventilation from gravely ill 14 year old boy. Full report: Bailii.
ADA (Children: Care and Placement Orders) [2023] EWCA Civ 743
Thursday 29th June 2023
Appeals from the making of care and placement orders in relation to three children. Appeals in relation to two older children dismissed, but appeals in relation to youngest child allowed. Full report: Bailii.
Unger & Anor v Ul-Hasan (deceased) & Anor [2023] UKSC 22
Wednesday 28th June 2023
Appeal by wife against refusal to allow her to pursue claim against estate of husband, following his death before her claim under Part III MFPA 1984 was determined. Appeal dismissed. Full report: Bailii.
Gohil v Gohil & Ors [2023] EWHC 1567 (Fam)
Tuesday 27th June 2023
Judgment in financial remedy proceedings where the CPS had issued confiscation proceedings against the husband, to consider the issue of rubrics on embargoed judgments in the Family Division and Crown Court. Full report: National Archives.
E (A Child) (Care and Placement Orders) [2023] EWCA Civ 721
Tuesday 27th June 2023
Appeal by mother against care and placement orders made in respect of her son. Appeal allowed. Full report: Bailii.
RA v KS (Interim Order for Sale) [2023] EWFC 102
Friday 23rd June 2023
Application by wife for interim order for sale of property. Full report: National Archives.
V and W (Children: Finding of Fact), Re [2023] EWFC
Friday 23rd June 2023
Fact-finding in private law proceedings, in which the court made a number of serious findings of abuse by the mother against the father. Full report: Bailii.
K & L (Children: Fairness of Hearing) [2023] EWCA Civ 686
Tuesday 20th June 2023
Appeal by mother against care orders made in respect of her 2 children. Appeal allowed and retrial ordered. Full report: Bailii.
S (A Child) [2023] EWCA Civ 706
Tuesday 20th June 2023
Appeal by a father without parental responsibility against refusal of application to be joined as a party to care proceedings in relation to his son. Appeal allowed. Full report: Bailii.
A v B (Appeal: Domestic Abuse) [2023] EWHC 1499 (Fam)
Tuesday 20th June 2023
Appeal by mother against determinations of fact made within private law Children Act proceedings, in relation to her allegations of abuse. Appeal dismissed. Full report: Bailii.
D v T [2023] EWHC 1247 (Fam)
Monday 19th June 2023
Application by father under inherent jurisdiction for summary return of children to Dubai. Application dismissed. Full report: National Archives.
Re W-Z (Children) (Welfare Decision) [2023] EWFC 94
Monday 19th June 2023
Final hearing of care and placement proceedings concerning 4 children, following finding that mother had caused injuries to child. Full report: National Archives.
Norfolk and Suffolk NHS Foundation Trust v HJ [2023] EWFC 92
Saturday 17th June 2023
Judgment concerning the treatment of detained mental health patients for physical conditions. Full report: Bailii.
Re A (Parental Responsibility) [2023] EWCA Civ 689
Friday 16th June 2023
Appeal concerning distinction between married and unmarried parents with respect to the court’s power to revoke parental responsibility, and whether it discriminates against married mothers. Full report: National Archives.
SS v IS [2023] EWHC 1544 (Fam)
Wednesday 14th June 2023
Final hearing of wife's financial remedies application, issues including trusts, non-matrimonial assets, and spousal maintenance. Full report: National Archives.
The Mother v The Father [2023] EWFC 96
Wednesday 14th June 2023
Application by mother for permission to relocate with child to Poland. Permission refused. Full report: National Archives.
VIOTTO v. THE REPUBLIC OF MOLDOVA - 12083/20 (Judgment : Article 8 - Right to respect for private and family life : Second Section Committee) [2023] ECHR 483
Tuesday 13th June 2023
Case concerning the alleged failure of the Moldovan authorities to assist the applicant in being reunited with his child after the latter had been taken from Italy to the Republic of Moldova by the mother and retained there. Held, there had been a violation of Art 8. Full report: Bailii.
KUKAVICA v. BULGARIA - 57202/21 (Judgment : Article 8 - Right to respect for private and family life : Third Section Committee) [2023] ECHR 486
Tuesday 13th June 2023
Application concerning a complaint that a Bulgarian court's final decision in proceedings about international child abduction, which refused to order the immediate return of the applicant's child from Bulgaria to the country of the child's habitual residence, breached the applicant's right to family life under Article 8. Held, there had been a violation of Art 8. Full report: Bailii.
OSSO v. BULGARIA - 51056/21 (Judgment : Article 8 - Right to respect for private and family life : Third Section Committee) [2023] ECHR 485
Tuesday 13th June 2023
Application concerning complaints, under Article 8 of the Convention, related to the decision-making process and the length of judicial proceedings for the immediate return of the applicant's child to the country of his habitual residence. Held, there had been a violation of Art 8. Full report: Bailii.
West Sussex County Council v MM & Ors [2023] EWFC 88
Tuesday 13th June 2023
Welfare judgment in proceedings concerning 2 children, where father admitted to have injured child. No order made. Full report: Bailii.
Re A (A Child) (Habitual Residence: 1996 Hague Child Protection Convention) [2023] EWCA Civ 659
Monday 12th June 2023
Appeal by father from order dismissing application for return of child from Zambia on the ground, inter alia, that the judge was wrong to find that the child was habitually resident in Zambia. Appeal allowed. Full report: National Archives.
Local Authority v The Mother & Ors [2023] EWFC 91
Monday 12th June 2023
Public law proceedings concerning 12 year-old child. 12-month supervision order made. Full report: National Archives. See also further judgment concerning father's disclosure application, here.
X City Council v M (The Mother) & Ors [2023] EWHC 1767 (Fam)
Monday 12th June 2023
Care proceedings concerning three children. Judgment considering local authority's allegation that mother deliberately poisoned youngest child with excessive amounts of salt. Full report: National Archives.
Article 39 v Secretary of State for the Home Department [2023] EWHC 1398 (Fam)
Friday 9th June 2023
Application by charity to make wardship orders in relation to a number of unaccompanied asylum-seeking children who had gone missing from Home Office run accommodation in Brighton. Full report: Bailii.
N & A (1996 Hague Convention: Article 13) [2023] EWCA Civ 623
Friday 9th June 2023
Appeal by father from order relating to the return of children to this country, whilst corresponding measures had been requested from the authorities of Ukraine. Appeal allowed in part. Full report: Bailii.
D v T [2023] EWFC 97
Friday 9th June 2023
Hearing of ex parte application for non-molestation order by 14 year-old against 15 year-old. Full report: National Archives.
Wokingham Borough Council v Mother & Ors [2023] EWFC 156
Friday 9th June 2023
Care proceedings concerning 5 children. Application by mother to discharge one of fathers from proceedings. Application granted. Full report: National Archives.
Sheffield City Council v M & Ors. [2023] EWHC 1399 (Fam)
Wednesday 7th June 2023
Further judgment in application for Forced Marriage Protection Orders in relation to two children now aged 17 and 15. Full report: National Archives.
London Borough of Barking and Dagenham v The Father & Ors [2023] EWFC 112
Wednesday 7th June 2023
Fact-finding in care proceedings, to to decide whether one child touched the other sexually, and if their father knew about this. Full report: Bailii.
Abdulah (Committal for Contempt of Court) [2023] EWHC 1158 (Fam)
Friday 2nd June 2023
Application for committal in relation to breaches of orders made in connection with the mother's abduction of children from this country. Full report: Bailii.
The Local Authority v F & Anor [2023] EWFC 142
Friday 2nd June 2023
Final hearing of application for care and placement orders in relation to four children. Full report: National Archives.
Coventry City Council v The Mother (BB) & Ors. [2023] EWHC 1284 (Fam)
Friday 26th May 2023
Final hearing of care proceedings relating to a 3 year-old child whose parents are US citizens. Child placed with maternal aunt and uncle in Florida, under a special guardianship order. Full report: National Archives.
A Local Authority v LD & Anor [2023] EWHC 1258 (Fam)
Thursday 25th May 2023
Application by local authority for order authorising removal of man in his forties with Downs Syndrome and other health issues from his mother's home, to a place of safety. Full report: National Archives.
CG v DL [2023] EWFC 82
Thursday 25th May 2023
Hearing of wife's financial remedies claim, issues including post-separation accrual and the treatment of a £1m payment by H to W “to make amends” for an affair he had had with another woman. Full report: National Archives.
D, Re (Costs of Appeal: Application to Vary or Revoke Order) [2023] EWHC 1244 (Fam)
Wednesday 24th May 2023
Application by mother to vary or revoke order that she pay father's costs of appeal in private law proceedings. Application refused. Full report: Bailii.
.S. v. GREECE - 19165/20 (Judgment : Article 8 - Right to respect for private and family life : Third Section) [2023] ECHR 427
Tuesday 23rd May 2023
Art 8 • Positive obligations • Family life • Domestic authorities’ failure to take all necessary measures to enforce the applicant’s right to have contact and to establish a relationship with his daughters • No real follow-up on orders for counselling, psychiatric evaluations and social welfare reports. Full report: Bailii.
I.S. v. GREECE - 19165/20 (Judgment : Article 8 - Right to respect for private and family life : Third Section) [2023] ECHR 427
Tuesday 23rd May 2023
Art 8 • Positive obligations • Family life • Domestic authorities’ failure to take all necessary measures to enforce the applicant’s right to have contact and to establish a relationship with his daughters • No real follow-up on orders for counselling, psychiatric evaluations and social welfare reports. Full report: Bailii.
AZ v BZ (financial remedies appeal) [2020] EWFC B86
Monday 22nd May 2023
Appeal by husband against financial remedies order which awarded 90% of the assets to the wife, on the basis of her needs. Appeal allowed, and order made awarding wife 60% of the assets. Full report: Bailii.
Maryam Allami v Ali Fakher [2023] EWCA Civ 532
Friday 19th May 2023
Appeal by father against 6 month committal order imposed for contempt for breach of a series of orders made in proceedings concerning his two children. Appeal dismissed. Full report: National Archives.
Re A (care - judgment on appeal) [2023] EWFC 84
Friday 19th May 2023
Appeal by local authority against dismissal of application for a care order. Appeal dismissed. Full report: National Archives.
Bogolyubova v Bogolyubov & Anor [2023] EWCA Civ 547
Thursday 18th May 2023
Appeal against refusal to approve consent order pending the resolution of the third party proceedings, which could result in the husband losing all of his assets. Appeal dismissed. Full report: Bailii.
C v M & Anor [2023] EWHC 1182 (Fam)
Thursday 18th May 2023
Application by father for summary return of children aged 12 and 5 to Mauritius. No return ordered, in light of older child's objections and as Art 13(b) defence made out. Full report: National Archives.
C v M & Anor [2023] EWHC 1182 (Fam)
Thursday 18th May 2023
Application by father for summary return of children aged 12 and 5 to Mauritius. No return ordered, in light of older child's objections and as Art 13(b) defence made out. Full report: National Archives.
AB v Worcestershire County Council & Anor [2023]
Wednesday 17th May 2023
Appeal concerning the circumstances in which a local authority may be held liable for a breach of the rights of a child under Article 3, when the child is said to have been subject to neglect or ill-treatment by a parent and the authority did not take steps to remove the child from the care of the parent. Full report: Bailii.
Re P (a child) (dismissal of application – abusive applicant) [2023] EWFC 86
Tuesday 16th May 2023
Judgment dismissing child arrangements application of father who had behaved abusively towards all involved in the case. Full report: National Archives.
A Local Authority v Mother & Ors [2023] EWFC 152
Friday 12th May 2023
Final hearing of care and placement proceedings, issued following concerns about, inter alia, mother's poor mental health. Full report: National Archives.
A v B (private law final hearing – application for non-molestation order) [2023] EWFC 74
Thursday 11th May 2023
Final hearing of child arrangements proceedings, in which the mother had made allegations of coercive control against the father and the father sought a non-molestation order to stop her making 'false allegations' against him. Full report: National Archives.
Manchester City Council v Maryan Yusef & Ors. [2023] EWHC 1248 (Fam)
Thursday 11th May 2023
Application by local authority for committal of father for contempt for breach of orders relating to the return of his children, believed to be in Somalia. Full report: National Archives.
EK v DK & Ors [2023] EWHC 1829 (Fam)
Thursday 11th May 2023
Application by wife to set aside consent order on the basis of non-disclosure by the husband. Order set aside. Full report: National Archives.
Addou v Bannabi [2023] EWHC 2469 (Fam)
Thursday 11th May 2023
Committal proceedings in relation to father's failure to comply with orders requiring the return of child from Algeria. Full report: Bailii.
A Local Authority v A Mother & Ors [2023] EWFC 77
Wednesday 10th May 2023
Judgment of DJ in final hearing of care and placement proceedings in relation to 3 year-old boy. Full report: Bailii.
A-M & T, Re (Re Children Act 1989 and Article 21, Hague Convention 1980) [2023] EWFC 124
Wednesday 10th May 2023
Application for contact by father, the mother having taken the children from Norway to the UK. Fact-finding concerning mother's allegations of abuse. Full report: Bailii.
S v F & Anor [2023] EWHC 597 (Fam)
Tuesday 9th May 2023
Application by father, who lives in Pakistan, for contact with child, who lives with mother in this jurisdiction. Full report: National Archives.
RL v NL [2023] EWFC 75
Tuesday 9th May 2023
Application by husband to set aside a financial remedy order made in 1995, which provided for the transfer of the former matrimonial home from the husband to the wife, the transfer never having been executed. Application struck out. Full report: National Archives.
T (Fact-Finding: Second Appeal) [2023] EWCA Civ 475
Friday 5th May 2023
Second appeal by LA from decision by a circuit judge allowing an appeal against findings made by a deputy district judge in care proceedings involving four children. Appeal allowed. Full report: Bailii.
EBK v DLO [2023] EWHC 1074 (Fam)
Friday 5th May 2023
Judgment on reconstituted application by the claimant for permission to bring contempt proceedings against the defendant, his former partner and mother of his child, for breach of s.12 AJA by showing documents to officers of the West Yorkshire Police which derived from ongoing s.8 proceedings. Full report: National Archives.
BOGDANOV v. UKRAINE - 27380/20 (Judgment : Article 8 - Right to respect for private and family life : Fifth Section Committee) [2023] ECHR 378
Thursday 4th May 2023
Application by father complaining of violation of Article 8 on account of unjustified refusal of the police to disclose the address where his minor son was living with his mother, although he also exercised parental authority. Held, there had been a violation of Art 8. Full report: Bailii.
BAHAROV v. UKRAINE - 28982/19 (Judgment : Article 8 - Right to respect for private and family life : Fifth Section Committee) [2023] ECHR 376
Thursday 4th May 2023
Application by father complaining of a violation of Articles 6 and 8 due to the excessive length of proceedings in which the applicant had sought the return of his child from Ukraine, where he had been living since July 2016 after having been taken there by his mother without his consent, to the USA, the country of his habitual residence. Held, there had been a violation of Art 8. Full report: Bailii.
LYAKH v. UKRAINE - 53099/19 (Judgment : Article 8 - Right to respect for private and family life : Fifth Section Committee) [2023] ECHR 377
Thursday 4th May 2023
Application by father complaining of violation of Articles 6 and 8 due to failure of the Ukrainian authorities to promptly examine and allow his application for the return of his two sons to Israel, where they had lived until December 2013, from Ukraine, where they had been living since then. Held, there had been a violation of Art 8. Full report: Bailii.
The London Borough of Havering v A Mother & Others [2023] EWFC 65
Wednesday 3rd May 2023
Fact-finding in care proceedings to determine allegations of non-accidental injury to a young baby. Not found that child’s injuries were caused non-accidentally by either of his parents. Full report: National Archives.
A Mother v A Father & Anor [2023] EWFC 163
Wednesday 3rd May 2023
Application by mother seeking to remove child from care of father. Change of residence ordered, following finding of alienating behaviours by father. Full report: Bailii.
Backstrom v Wennberg [2023] EWFC
Friday 28th April 2023
Final hearing of cross applications for financial remedies orders, issues including whether marital agreements entered into by the parties were fair, and whether the court should implement them. Full report: Bailii.
WK v GC [2023] EWFC 151
Friday 28th April 2023
Cross applications, by wife to capitalise/vary 2004 maintenance order, and by husband to discharge or decrease the order. Order capitalised. Full report: Bailii.
Re C (Adoption – Procedural Irregularities) [2023] EWFC 70
Wednesday 26th April 2023
Adoption application by foster carers made following care and placement orders, but as a 'private' application. Procedural irregularities, compounded by the fact that the prospective adopters do not live in the area of the Local Authority that obtained the care and placement orders. Full report: National Archives.
C v D [2023] EWHC 1251 (Fam)
Wednesday 26th April 2023
Hearing of various applications by father, where mother had taken the child to the United States with the permission of the English court, including an application for summary return under the Hague Convention, which did not apply as there had been no wrongful removal. Full report: Bailii.
In the matter of Re H (A Child: s. 38(6) Assessment) [2023] EWHC 1083 (Fam)
Tuesday 25th April 2023
Care proceedings. Application by mother for direction that child join parents in a residential placement for adults with drug and alcohol dependency, for the family to be assessed. Full report: National Archives.
F v G (private law final hearing) [2023] EWFC 93
Tuesday 18th April 2023
Hearing of cross-applications by mother to enforce order that children should live with her, and by father for an order that they should remain in his care. Full report: Bailii.
EH v FT [2023] EWFC 159
Sunday 16th April 2023
Application by mother for child arrangements order, in case where father had suffered a traumatic brain injury. Indirect contact only ordered, and restrictions placed upon exercise of father's parental responsibility. Full report: Bailii.
Re E and H (Care Proceedings – Alleged FII – Costs) [2023] EWFC 69
Friday 14th April 2023
Care proceedings, issued following concerns that the mother had fabricated or induced illness in the children. No such findings made. Application for costs by parents. Full report: National Archives.
H (A Minor), Re (Child Arrangements: Section 91(14) Order) [2023] EWFC 89
Friday 14th April 2023
Application by father, who lives in the UAE, seeking contact with 9 year old child. Indirect contact only ordered, and s.91(14) order made. Full report: Bailii.
Collins Chikeluba v Valerie Chikeluba [2023] EWHC 1096 (Fam)
Thursday 6th April 2023
Application by father for permission to appeal order making financial provision for the respondent and the younger child of the family, within the context of a Part III application brought pursuant to the Matrimonial and Family Proceedings Act 1984 following divorce proceedings in Nigeria. Permission refused. Full report: National Archives.
DR v UG [2023] EWFC 68
Wednesday 5th April 2023
Final hearing of wife's financial remedies application. Husband claimed special contribution and post-separation endeavour. Neither made out, and assets of £284m divided equally. Full report: National Archives.
Thomas (Re: David Horton Cann) [2023] EWHC 1006 (Fam) (05 April 2023) [2023] EWHC 1006 (Fam)
Wednesday 5th April 2023
Application for a certificate of the presumption of death in relation to brother of applicant, who went missing whilst on holiday in Turkey. Full report: Bailii.
C v M & Anor (No 1 Hague Abduction : Application for Re-hearing) [2023] EWHC 1482 (Fam)
Tuesday 4th April 2023
Application made on behalf of child to set aside an order for both her and her younger brother to return to Mauritius. Order set aside. Full report: Bailii.
The Mother v MacDougall & Anor [2023] EWHC 1175 (Fam)
Monday 3rd April 2023
Application by mother to vary child arrangements order, after mother claimed that child returned from contact with bruises. Contact reduced to indirect only. Full report: Bailii.
Middlesbrough Borough Council v M & Ors [2023] EWFC 138
Friday 31st March 2023
Care proceedings concerning 3 children, issued following suspicion of Fabricated/Induced illness on the part of the mother. Full report: Bailii.
London Borough of X v M & Ors [2023] EWFC 171
Wednesday 29th March 2023
Care proceedings concerning 3 children, issued following concerns that the eldest child had sexually abused his younger brother. Full report: Bailii.
Barclay v Barclay & Anor [2023] EWHC 1179 (Fam)
Tuesday 28th March 2023
Application by husband's nephews to set aside witness summonses, in connection with the enforcement of a financial remedies judgment requiring the husband to pay £100 million lump sum to the wife. Full report: Bailii.
S and T (care - fact finding - FII - emotional abuse) [2023] EWFC 195
Friday 24th March 2023
Fact-finding in care proceedings concerning 2 children, aged 13 and 9. Found that throughout their childhoods, older child had suffered chronic emotional, verbal, physical abuse and neglect from her mother, and younger child had suffered emotional harm and neglect whilst in the care of her mother. Full report: Bailii.
West Sussex County Council v MM & Ors [2023] EWFC 38
Thursday 23rd March 2023
Fact-finding in care proceedings, concerning cause of injuries to younger of two children. Full report: Bailii.
S, Re (CA 1989, S 91(14)) [2023] EWHC 1161 (Fam)
Thursday 16th March 2023
Appeal by father against refusal of leave to make contact application, a s.91(14) order having been in force. Appeal allowed. Full report: Bailii.
S, Re (CA 1989, S 91(14)) [2023] EWHC 1161 (Fam)
Thursday 16th March 2023
Appeal by father against refusal of leave to make contact application, a s.91(14) order having been in force. Appeal allowed. Full report: Bailii.
AR v BR (Re Divorce, Dissolution and Separation Act 2020 and Domicile and Matrimonial Proceedings Act 1973) [2023] EWFC 76
Monday 13th March 2023
Hearing to determine jurisdiction, where W issued divorce proceedings in England and H subsequently issued proceedings in Dubai. Full report: Bailii.
CG v SG [2023] EWHC 942 (Fam)
Monday 13th March 2023
Final hearing of wife's financial remedies application, issues including valuation of assets, matrimonial property, costs, and confidentiality. Full report: National Archives.
Local Authority v S & Ors [2023] EWFC 85
Wednesday 8th March 2023
Final hearing of care proceedings concerning 9 year-old girl, in which the mother was found to have influenced the child to make allegations of sexual abuse against the father. Full report: Bailii.
R v P [2023] EWHC 914 (Fam)
Tuesday 7th March 2023
Fact-finding in private law proceedings concerning mother's allegations that children and mother were stranded in Iraq by the father. Full report: Bailii.
B (a child), Re [2023] EWFC 98
Thursday 16th February 2023
Judgment following application by mother for non-molestation order against 16 year old son, where child looked after by local authority under section 20 agreement. Full report: Bailii.
F v M [2023] EWFC 147 (16 February 2023)
Thursday 16th February 2023
Private law hearing, in which the court made a child arrangements order and a specific issue order regarding the child's schooling. Full report: Bailii.
Y (A Child) (Abduction: Romania: Art. 13(b)) [2023] EWHC 1676 (Fam)
Tuesday 14th February 2023
Application by father for return of child to Romania. Return ordered, unless mother obtained permission from the Romanian court to remain in the UK, by 24 February. Full report: Bailii.
W (A Child), Re [2023] EWFC 78
Thursday 9th February 2023
Judgment in care and placement proceedings in relation to young child. Judicial comment on various matters, including police response to serious assault on mother by father. Full report: Bailii.
C & Anor v D & Ors [2023] EWFC 10
Friday 20th January 2023
Adoption application, made by couple ten days before child turned 18. Full report: National Archives.
G & H (Children: Placement for Adoption) [2023] EWFC 31
Wednesday 11th January 2023
Application for care and placement orders in relation to twins born in July 2019. Full report: Bailii.
E v G & Anor [2023] EWFC 72
Wednesday 11th January 2023
Long-running children dispute, in which the father was not prepared to accept less than the child spending half her time with each parent. Father's contact reduced to letterbox contact only, after he failed to comply with previous orders. Full report: Bailii.
E v G & Anor [2023] EWFC 73
Tuesday 10th January 2023
Application by the child's Guardian, on behalf of the child, for committal of the father for continuing to seek to see the child outside of the provisions of court orders, to see her when he wanted to see her, not when the Court had ordered it. Full report: Bailii.
Steven Lord Lloyd-Bagrationi & Anor v The estate of Stephen Henry Lloyd (deceased) & Anor [2023] EWFC 3
Tuesday 3rd January 2023
Application for declaration of parentage by siblings living in the Republic of Georgia, in relation to a man who died in 1971. Held that there was no basis upon which the court could accept jurisdiction to hear the application. Full report: National Archives.
Cumbria County Council v A Mother & Ors [2022] EWFC 196
Wednesday 14th December 2022
Private and public law proceedings in which the mother refused to engage or cooperate with the proceedings, and the court ordered the removal of the child from the mother's care. Full report: Bailii.
X-Z (Children : Fact-Finding) [2022] EWFC 193
Monday 12th December 2022
Fact-finding in care proceedings, concerning injuries to child, domestic abuse and concealment of a pregnancy. Full report: Bailii.
Rose v Rose & Ors [2022] EWFC 192
Friday 25th November 2022
Final hearing of wife's financial remedies application, in case involving flagrant litigation misconduct and breaches of the duty of full and frank disclosure by husband. Full report: Bailii.
Rose v Rose & Ors [2022] EWFC 192
Friday 25th November 2022
Final hearing of wife's financial remedies application, in case involving flagrant litigation misconduct and breaches of the duty of full and frank disclosure by husband. Full report: Bailii.
A Local Authority v Mother & Ors [2022] EWHC 3640 (Fam)
Friday 28th October 2022
Application by local authority for reporting restriction orders in respect of two social workers and two CAFCASS Officers, in case where child died after being returned to his parents, who have been charged with his murder. Full report: Bailii.
D, Re [2022] EWHC 3602 (Fam)
Friday 28th October 2022
Application for the recognition of Indian guardianship orders, so that the applicants be recognised as the adoptive parents of the children. Full report: Bailii.
Y & Anor [2022] EWFC 191 (15 August 2022)
Monday 15th August 2022
Fact-finding in care proceedings concerning 2 children, primarily related to the mother's response to the younger child's complex health needs. Full report: Bailii. See also final hearing judgment, here.
AW v AH [2022] EWFC 195
Thursday 11th August 2022
Wife's application for financial provision following an overseas divorce, the husband having obtained a divorce in China after the English court had heard the wife's financial remedies application, but before the English divorce had been finalised. Full report: Bailii.
Koukash v Koukash [2022] EWHC 1001 (Fam)
Monday 11th April 2022
Appeal by husband from part of lump sum order, on basis that judge relied upon without prejudice document as proof that husband had that sum available to pay to the wife. Appeal allowed. Full report: Bailii.
VW v VWS & Ors [2021] EWFC 128
Monday 8th November 2021
Final hearing of wife's financial remedies claim, including an application to vary a settlement, of which the husband was a beneficiary. Full report: Bailii.
Pembrokeshire County Council v James & Ors [2021] EWFC 71
Friday 10th September 2021
Fact-finding in care proceedings, concerning death of child later found to have been murdered by the mother's partner. Full report: Bailii.
Mostyn-Williams v Mostyn-Williams (financial remedy proceeding) [2021] EWFC 123
Monday 17th May 2021
Application by wife to set aside financial remedies order on the basis of, inter alia, misrepresentation/non-disclosure on the part of the husband. Order set aside. Full report: Bailii.
Blogs:
Child Support Collection (Domestic Abuse) Bill to receive Royal Assent.