In care proceedings the father sought an order preventing disclosure of the child’s existence to his family the application would be dismissed the court holding it would be contrary to the child’s rights to deprive her of the opportunity that the paternal family could look after her.
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In allowing the appeal of a mother with learning difficulties against the refusal of a residence order the court held that the justices had failed to address the true issue, namely whether there were cogent reasons existing which dictated that the child could not live with the mother.
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The CA re-stated that there is no jurisdiction for a court to impose conditions on a s.91(14) order.
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The court allowed in part the appeal of a father against an order under schedule 1 CA 1989 and reduced the lump sum element from £100,000 to £50,000 to take into account the responsibility of the father of mother’s elder child. It was held that Paragraph 10(3)(b) of Sch 1 empowered the court to alter an agreement provided it was satisfied that it did not contain proper financial arrangements with respect to the child.
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Held that in contact proceedings, where the father had undergone gender re-assignment surgery, the judge had been wrong to refuse to join the children as parties and appoint the National Youth Advisory Service (NYAS) as the guardian, in order to secure NYAS’s involvement to advise the mother on how to impart the truth about the father to the children.
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CA dismissed a father’s appeal against an order reducing his contact to just below 104 nights a year and thereby significantly increasing his liability (under the old scheme) for child maintenance. The CA held that anomalies in the current child support legislation could properly be said to give rise to substantial injustice however they were irrelevant to determination of the optimum level of a parent’s contact with a child.
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During adoption proceedings, a local authority gave adopters an assurance that their identity would not be disclosed to the child’s birth family. The court held that the authority owed a continuing duty of care towards the adoptive parents to ensure that the terms of its undertaking were respected by its employees. The adoptive parents claim for damages was however unsuccessful as the court held that their allegation of damage was not made out.
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While in the instant case the presumption of resulting trust readily gave way to contrary intention manifested at the date of purchase it was held that the first defendant held the remaining proceeds of sale on constructive trust for the claimants (her ex-partner’s parents), less the amount of her expenditure on the property.
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An appeal against the return of a child to Romania was allowed where the Romanian court had previously determined that the removal of a child from Romania was not ‘wrongful’.
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A mother received permission to permanently remove a child to Australia immediately where the father had sought to delay this until 2008 for the child to attend pre-school in the UK.
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