When determining a fair sharing of the net value of the matrimonial property the incidence of debt was held to be as relevant as when calculating the net value itself.
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Article 12 of the Convention was held to be violated by the prohibition under the Marriage Act 1949 of a marriage between an ex-father-in-law and daughter-in-law after their previous relationships endthrough divorce. Such a marriage was forbidden unless both their former partners had died or unless a private act of parliament allowed it.
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In view of the LA’s limited finances and its overall responsibilities it was held reasonable for a LA to impose conditions on a loan to helpfund adaptations to a disabled child’s home including one which made provision for repayment in the event that the child no longer lived there permanently or died.
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Interference with a prisoner’s correspondence with his mother and refusal to allow visits from his wife and child will contravene article 8 of the Convention unless it was in accordance with the law. Domestic law has to indicate with reasonable clarity the scope and manner of exercise of the relevant discretion on public authorities to ensure that individuals were afforded the protection entitled under the rule of law in a democratic country.
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A M needed permission to appeal against the decision of a judge to take no action and to refuse to commit the F to prison for 66 breaches of residence/contact orders relating to their children.
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The court would only make a care order following final hearing if it had before it all the relevant information. The M of the child would have an opportunity to present any evidence as to her change in circumstances at final hearing.
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In a case of serious and persistent breaches of a non-molestation order, a sentence of 18 months’ imprisonment (imposed under the FLA ‘96) was not manifestly excessive. For cases warranting sentences at the higher end of the range, proceedings should be brought under the PHA ’97 rather than FLA ’96.
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A court considering a s.10(9) CA ’89 application could undertake a general assessment of its merits and nature. Where it related to a child subject to adoption proceedings, the court had to have regard to the law relating to the circumstances in which a contact order could be made.
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Where life-threatening injuries were inflicted on a child such that the s.31 CA ’89 threshold criteria were met, there had to be exceptional circumstances for a judge to subsequently decide that these criteria had not been satisfied in relation to that child’s sibling.
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Where declaratory relief was sought under the court’s inherent jurisdiction in relation to an adult lacking mental capacity, the proceedings should be commenced under the alternative procedure for claims under Pt 8 CPR.
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