In dismissing a Father's appeal against the refusal of leave to oppose the making of an adoption order the court gave some guidance on the process which involved firstly consideration of whether there had been a change of circumstances and if this had been shown a wider discretion as to whether to grant leave.
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In a case where a child had lived with its Father for the last nine years that Father was granted permission to remove the child permanently to the USA.
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The CA upheld the decision to strike out an application against the DWP in relation to child support payments. It was held that a common law duty of care was inconsistent with the statutory child support scheme and that the 1991 Act taken in conjunction with the right to seek judicial review where the CSA failed to collect or enforce arrears of maintenance provided a sufficiently comprehensive remedy.
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The CA upheld an order transferring a child's residence from Mother to Father. The Mother had frustrated the contact between the child and Father and expert evidence at trial stated that she entirely lacked insight into this and was incapable of reforming her behaviour in this regard.
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The court held that given evidence of a Father's consent to a Mother bringing their children to England and remaining here with them, his application under the Convention on the Civil Aspects of International Child Abduction 1980 (the Hague Convention) for the immediate return of the children to Greece should be dismissed.
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A Mother's appeal against the refusal of a judge to order a residential assessment under s.38(6) was successful. The CA held that this assessment would assist the court.
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The CA held that a judge in deciding to grant decree absolute to a wife therby rejecting a husband's application for a stay in the proceedings pending the outcome of proceedings in the French courts had been fully entitled to place great weight on the husband's disregard of assurances given earlier in the proceedings.
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A Mother's application for the return of a child from England to Ireland was successful. The court, while finding that the child objected to return and taking this objection into account, held that she should be returned to Ireland where the welfare considerations in favour of her living with her Father in England should be considered.
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The CA upheld the decision of a judge to proceed with a committal hearing in respect of breach of a contact order without giving the defendant an opportunity to obtain legal representation. However, as the defendant had not been given the opportunity to address sentencing this was considered afresh and the defendant was released immediately.
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The court allowed a maternal grandmother's appeal against an order, made without an oral hearing or notice to her, granting the paternal grandmother leave to apply for a contact order.
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