The CA dismissed a husband's appeal against the granting of permission to his wife to apply for financial relief in the English court following a divorce obtained by the husband in Spain. The CA held that the judge had been plainly entitled to treat the parties' connection to England as overwhelming.
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Following a case in which the court at first instance was held to have fallen into the error of allowing an expert witness to stray into the role of decision maker the court gave guidance on the use of expert evidence in Children Act proceedings.
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The court gave guidance on the procedure to be applied where sensitive confidential information needed to be protected the guidance included: early identification of such cases and the giving of responsibility to one or more named individuals for the editing process.
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It was held that UK legislation requiring the consent of both donors for the retention of stored frozen embryos was within the UK's margin of appreciation and therefore not a violation of the Applicant's Article 8 rights.
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Petition for An Order under the Child Abduction and Custody Act 1985
The petitioner was a Polish national. He was divorced from the children's mother (the respondent). A polish court ordered that the children should reside with the respondent and have contact with the petitioner. In August 2006 the respondent brought the children to Scotland. Since then they have lived in Scotland with their mother and other members of their extended family, who have also recently moved to Scotland. The respondent claimed that the petitioner did not have "rights of custody" in re ...
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The court held that, for the purposes of a prospective application for an adoption order on an inter country basis, four children were habitually resident in England as required by r 50 of the Adoptions with a Foreign Element Regulations 2005, SI 2005/392.
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In wardship proceedings the court granted an order in favour of a mother, who had removed the children from Venezuela to England, prohibiting contact by the father, who had been implicated in an attempt on the mother's life in Venezuela and had briefly abducted one of the children in England. The court considered the jurisdiction for such an order holding that there was a clearly exercisable inherent jurisdiction in the English High Court to protect children physically present within its jurisdi ...
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The court declined to award a wife a half share in her husband's bonuses for 2006 and 2007 holding that these did not form part of the matrimonial property. However the additional sum equivalent to the total of one third of the income earned in 2005, one sixth of the income earned in 2006 and one twelfth of the income earned in 2007 was ordered on the basis that the wife's contribution to her husband's enhanced earning capacity founded an award to ease her transition to independent living.
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The CA upheld a judge’s decision to dismiss a grandmother’s application within care proceedings for residence orders in respect of three of her grandchildren.
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An appeal by foster carers, who had applied for a residence order for a child, against the dismissal of their application to be joined as parties to care proceedings in respect of that child was allowed.
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