Case Summaries Up To August 2007
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By Law Brief Publishing on 24/08/2007 00:00
The CA held that the judgment of a Recorder making a residence order in favour of a mother in circumstances where there was strong expert evidence urging an order in favour of the fathre could not stand. The judge had failed to give appropriate reasons for rejecting the expert evidence and the matter was therefore remitted to a different judge.
By Law Brief Publishing on 24/08/2007 00:00
Within this matter the court isseud procedural guidance in respect of applications under art 11 of Council Regulation (EC) 2201/2003 (concerning jurisdictions and recognition and enforcement of judgments in matrimonial matters and the matters of parenta responsibility) pending the entry into force of the revised Family Proceedings Rules S! 1991/1247.
By Law Brief Publishing on 24/08/2007 00:00
The CA held that the judgment of a Recorder making a residence order in favour of a mother in circumstances where there was strong expert evidence urging an order in favour of the fathre could not stand. The judge had failed to give appropriate reasons for rejecting the expert evidence and the matter was therefore remitted to a different judge.
By Law Brief Publishing on 24/08/2007 00:00
Within this matter the court isseud procedural guidance in respect of applications under art 11 of Council Regulation (EC) 2201/2003 (concerning jurisdictions and recognition and enforcement of judgments in matrimonial matters and the matters of parenta responsibility) pending the entry into force of the revised Family Proceedings Rules S! 1991/1247.
By Law Brief Publishing on 15/08/2007 00:00
The CA dismissed a father's appeal against a committal order made in a case where care proceedings also ongoing. It was held that the judge had been fully entitled to make the judgment he had and the fact that the findings could be used within the care proceedings was neither here nor there.
By Law Brief Publishing on 15/08/2007 00:00
The CA dismissed a father's appeal against a committal order made in a case where care proceedings also ongoing. It was held that the judge had been fully entitled to make the judgment he had and the fact that the findings could be used within the care proceedings was neither here nor there.
By Law Brief Publishing on 08/08/2007 00:00
The CA held that a Judge had been wrong to make an order for contact between a father and a five year old child who was visaully impaired, suffered from an Asperger's type of syndrome and might also have ADHD.
By Law Brief Publishing on 08/08/2007 00:00
The CA held that a Judge had been wrong to make an order for contact between a father and a five year old child who was visaully impaired, suffered from an Asperger's type of syndrome and might also have ADHD.
By Law Brief Publishing on 01/08/2007 00:00
Within care proceedings a finding had been made that LM's sibling had been killed by the Mother. LM's GAL asked the court to make an order prohibiting publication of details which could serve to identify LM. It was held that the art 10 rights of the media were not outweighed by the art 8 considerations relating to LM's postion. However while there was no blanket ban an order was granted preventing the publication of LM's name and address.
By Law Brief Publishing on 01/08/2007 00:00
Within care proceedings a finding had been made that LM's sibling had been killed by the Mother. LM's GAL asked the court to make an order prohibiting publication of details which could serve to identify LM. It was held that the art 10 rights of the media were not outweighed by the art 8 considerations relating to LM's postion. However while there was no blanket ban an order was granted preventing the publication of LM's name and address.
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