In making an order providing for a large increase in a wife's periodical payments the court held that the language of the House of Lords in relation to compensation in Miller v Miller; Macfarlane v McFarlane was of general application and could extend to consideration by the court of the overall fairness of an order made upon an application to vary a joint lives periodical payments order.
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The CA held that while a children's guardian's appeal had to be dismissed in the light of current authority important issues had been raised and permission to appeal to the House of Lords would be granted. The important issues were the authorities binding on the courts in respect of the standard of proof for making findings of sexual and other serious abuse.
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Appeal - This was an appeal by the parents of two children against a decision of the learned sheriff who held that the grounds of referral had on the evidence led before him been established. The child was the son of the appellants. The learned sheriff found as a matter of fact that the child was under the supervision of the Children's Hearing. Grounds for referral were established at Glasgow Sheriff Court. The child was on the child protection register under the category of emotional abuse.&nbs ...
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A father's appeal against the order of a District Judge requiring him to make payments of child maintenance from capital and borrowings rather than income was dismissed. The parents were unmarried and the father and his wife and their children enjoyed a high standard of living.
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A mother's appeal against a shared residence order which gave more time to the father than the mother was allowed. The judge had rejected the Cafcass recommendations that the children had a primary home with their father. The CA held that is the circumstances equality was what the court should support. The appeal was also allowed in respect of a finding by the judge that the younger children had been sexually abused by their step sibling.
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An appeal against findings of sexual abuse against a grandfather was dismissed the CA holding that the judge had been entitled to make such findings on the evidence and had considered all relevant matters.
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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.
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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.
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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.
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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.
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