The CA allowed the appeal of a foster mother against the refusal to grant her leave to apply for adoption of a child placed with her on a short-term basis. Guidance was given on the legal principle to be applied in the exercise of the court's discretion under s.46(6) which was whether the proposed application had a real prospect of success.
|
The court made final care and placement orders in respect of five children in circumstances where the parents had not accepted court findings that the mother had caused injuries to three of the children and that the father had failed to protect them. The parents' consent was dispensed with and their application for an order under s.26 Adoption and Children Act 2002 for future contact was dismissed.
|
A wife's appeal against a judge's case management directions in an ancillary relied matter where the critical issue would be the pre-nuptial agreement between the parties was dismissed. The matter was said to demonstrate the discretionary power of a judge to require a party to show a court why a contractual agreement should not rule the outcome of an ancillary relief claim.
|
The CA held that contact order made in the Romanian court prior to Romania's accession to the European Union was not 'an enforceable judgment given in a Member State' within the meaning of art 41(1) of Council Regulation (EC) 2201/2003, because Romania was not at the material time a member state.
|
In a 'big money' divorce the court considered the issues of post separation assets and future earning capacity. The decision was an award of £8.4m to W and £8.3m to H. H had argued that W should receive significantly less since much of the capital had accrued after separation.
|
The court dismissed the application of a mother, who suffered from alcohol and substance misuse, for permission to apply to revoke a placement order. It was held that, on the evidence, the mother had not established a change of circumstances.
|
The CA held that in the absence of any of the usual vitiating factors (fraud, undue influence, duress etc) the transfer of money or property within ancillary relief proceedings would not constitute a transaction at an undervalue for the purpose of s.339 of the Insolvency Act 1986. The CA stated that there was no reason why dealing with a pre-existing statutory right could not constitute consideration. NB: It is understood this matter will proceed to the House of Lords.
|
The HL allowed an appeal against an order for the summary return of two children to Zimbabwe under the Hague Convention. It was held that the children were settled in the UK in the time before the application for their return had been made. Guidance was given on the policy of the Convention.
|
The CA gave guidance on split hearings in Children Act Proceedings including the necessity for expressly considering at what stage the threshold criteria under s.31 (2) will be considered. In a case where the threshold criteria are alleged to be satisfied on the basis of future risk rather than past harm the LA must provide clear written analysis of the facts alleged to give rise to that future risk in relation to each child. Clarity in directions and in the titles of documents was also urged.
|
The CA allowed the appeal of a mother who had sought to keep the birth of her child (who she wished to be adopted) secret from the maternal family and the father, who she declined to identify. The CA held that s.1 of the Adoption and Children Act 2002 did not impose a duty to make enquiries which it was not in the best interests of the child to make, and enquiries were not in the interests of the child simply because they would provide more information about the child's background.
|
| 1 2 3 4 5 6 7 8 9 10 ... |