Case Summaries Up To October 2007
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By Law Brief Publishing on 01/11/2007 00:00
The court ruled that a change in surname and an order under s.91(14) Children Act 1989 were both in the best interests of children where their father had pursued an abusive course of behaviour towards the mother and made threats within the proceedings to abduct the children.
By Law Brief Publishing on 30/10/2007 00:00
The court dismissed a mother's appeal against a judge's refusal to make an order for post adoption contact under s.26 Adoption and Children Act 2000. The guardian had strongly supported twice yearly contact and the LA's care plan was for once yearly. The court held that the judge had been entitled to prefer the evidence of the LA.
By Law Brief Publishing on 26/10/2007 00:00
The court dimissed a wife's application for leave to appeal an ancillary relief order out of time on the grounds that the consent order had provided for payment to her of a lump sum on the basis that the market value of the FMH was £1.25m and the property subsequently sold for £1.6m.
By Law Brief Publishing on 25/10/2007 00:00
The CA allowed in part an appeal by parents whose children had been the subject of care proceedings and who were themselves now facing criminal proceedings. The parents sought that the children be interviewed for the purpose of the criminal proceedings. It was held that this was appropriate albeit with safeguards in place.
By Law Brief Publishing on 22/10/2007 00:00
The court in a 'big money' ancillary relief case divided the assets to produce a 50/50 outcome. W was awarded a further capital payment of £1m to reflect the imbalance in future earnings. The court considered Miller v Miller; Macfarlane v Macfarlane 2006 3 All ER 1 but noted that it was important that the strands underlying the concept of fairness did not become elevated into separate 'Heads of Claim'.
By Law Brief Publishing on 19/10/2007 00:00
In proceedings under the inherant jurisdiction in respect of A, who had severe learning difficulties, the court decided the issues of her future residence and contact following the end of a care order on her becoming 18.
By Law Brief Publishing on 19/10/2007 00:00
The court held that lay justices had erred in enforcing arrears of maintenance payments which were over a year old.
By Law Brief Publishing on 11/10/2007 00:00
In a case where a mother had taken a child to Devon in secret the court nevertheless ruled that it would be slow to change the residence of a child in such circumstances without giving the resident parent a chance to remedy matters. The resident parent's attitude had altered in the course of proceedings.
By Law Brief Publishing on 10/10/2007 00:00
The CA allowed a wife's appeal against an order for sale of the FMH holding that where there was no prejudice to the husband it was fair to allow her to take on the risk of transfer into her sole and payment of the mortgage if she wished to do so.
By Law Brief Publishing on 03/10/2007 00:00
Where the breach of a Mother’s article 8 in the conduct of care proceedings had been purely procedural it was held the Mother was not entitled to compensation for loss of opportunity.
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