In a case concerned with the enforcement of an intervener’s postponed charge of the former matrimonial home the CA held that while the court had no power under the Matrimonial Causes Act 1973 to amend the property adjustment order, there was an inherent jurisdiction for the court to vary its own order to make the meaning and intention of the court clear.
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Supervised contact was ordered where a Father had made repeated threats and attempts to remove the children to Mexico. The Mother was granted a Residence Order.
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The CA dismissed a Guardian’s appeal against a witness summons compelling the child who was the subject of care proceedings to give evidence in relation to allegations of sexual abuse.
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On a fact-finding in relation to allegations by a Mother that children had been sexually abused. The court held that the burden of proof was on the person making the allegations and that there was no cogent or reliable evidence against the Father (or his Mother). It was further held that although the Mother genuinely believed the allegations her own anxiety, past trauma and hostility towards the Father made her unduly receptive to these.
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An applicant was awarded €8,000 in non-pecuniary damages after the ECHR held that the Austrian courts had failed to deal diligently with proceedings for custody of her eldest child. The proceedings had remained pending for more than five years before the child was removed from the jurisdiction.
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The CA dismissed a wife’s appeal against an order staying English divorce proceedings on the basis of extensive undertakings to allow the matter to proceed in the Israeli court system. It was held that the judge had been right to view a pre-nuptial agreement stating that Israeli law would govern any questions of division of property as a major factor.
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A claim under the Inheritance (Provision for Family and Dependents) Act 1975 by a daughter who had not seen or spoken to the deceased (her father) for the last 15 years of his life failed. It was held that she had failed to establish that it had been unreasonable in the all the circumstances for the deceased to make no provision for her.
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Emphasising the court’s need to take a fact based approach to the question of habitual residence it was held that a child, born in the United Kingdom but who had resided with his father in Kurdistan between the ages of 19 months and four years, could not properly be said to have been habitually resident within the jurisdiction at the commencement of wardship proceedings.
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The CA held that a person who required the permission of the court to make an application for a special guardianship order could neither make an application for such an order nor give notice of his intention to do so unless and until he had obtained the court’s permission to make the application.
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The CA held that in care proceedings brought after a mother’s partner had been charged with sexual offences involving children, the judge’s decision to adjourn the care proceedings pending the criminal proceedings had been a case management decision and not been plainly wrong in the circumstances.
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