Against a background of allegations by the parents in care proceedings that they were victims of miscarraiges of justice in previous care proceedings; Munby J set aside an order for reporting restrictions in respect of care proceedings substituting an order allowing the media to attend the forthcoming hearing and to report the names of the parents and child.
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The CA held that a sentence of 12 months' imprisonment for contempt of court for several serious breaches of a non-molestation order was excessive should be decreased to eight months.
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A father’s application under the Convention on Civil Aspects of International Child Abduction 1980 (The Hague Convention), for a child to be returned to Poland was allowed where the mother failed to make out her case that the father had acquiesced to the child’s move and the court found there were exceptional circumstances to justify not returning the child.
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In circumstances where the mother of a child had voluntarily placed him in local authority foster care the CA held that the trial judge ought to have set aside the mother’s residence order but that given that there were genuine welfare issues needing investigation and resolution, an interim care order rather than a residence order to father was appropriate so further investigations could be made.
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Held that B Borough Council had been correct in its decision to seek without notice relief in respect of the husband’s hospitalisation in an Elderly Mentally Infirm home despite the wife’s criticisms of the local authority’s conduct. The court gave guidance on good practice in a without notice application in such situations.
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The CA held that a Judge had gone beyond the wide ambit of his discretion by excluding the possibility of a child residing with his paternal family in Turkey on the basis of the guardian’s report written after spending six hours with the family and served on father and his legal representatives on the eve of the trial. The child’s mother had withdrawn from its life and the Care Plan was for adoption. The use of International Social Services to investigate in such situations was urged.
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It was held a judge’s exercise of his discretion in making an upwards variation of a periodical payments to a husband for costs up to the FDR appointment could not be criticised notwithstanding the husband already owing the wife £46,000 in costs. The application was for clean break order and was brought by the wife therefore the husband needed to be able to defend himself against this.
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The CA held in proceedings for adoption brought under the Adoption and Children Act 2002 in respect of a child who had been freed for adoption under the 1976 Act that nothing in either the 2002 Act or the 2005 Rules required the court to give notice of such proceedings to the birth parents. Therefore a judge had been plainly wrong to order this.
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Court held that a father’s four weekly schedule for contact was over complicated for children aged between 5 years and nine months who needed a recognized and understandable timetable. The mother’s fortnightly schedule was therefore preferred.
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On an application for costs against the FSA under para 13 of Schedule 13 of the 2000 Act and Rule 21 of the FSMT Rules 2001, the Tribunal found that the Committee had acted unreasonably in preferring the evidence of one witness. The role of the Committee is different to that of a prosecutor in a criminal case as the Committee has the power to make binding decisions. Similarly the failure by the Committee to explore the concept of regular user in respect of the new law was unreasonable as was the ...
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