Under the provisions of the Inheritance (Provision for Family and Dependents) Act 1975 the court awarded a wife the former matrimonial home and a lump sum having held that the will of her deceased husband had failed to make reasonable provision for her.
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Following an earlier judgment the court having seen correspondence from the American adoption agency ruled that the requirements of reg 10 (b) (iv) of the Adoptions with a Foreign Element Regulations 2005 and s 84 of the Adoption and Children Act 2002 had been satisfied.
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A Father's appeal against placement orders was allowed in part in a case where the trial judge could not have known whether the children would ever be suitable for placement for adoption. A specialist therapeutic foster placement over a period of several months was to be carried out to ascertain this and in the circumstances the making of a placement order had been premature.
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The CA held that the making of a three- year supervision order from the outset was not permitted by para 6(1) of Sch 3 to the Children Act 1989.
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The CA held that where capital introduced into a marriage came from the wife's pre owned assets it was not a fair distribution of the assets to aim for equality and accordingly the judge had erred in ruling this.
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The wife's application for permission to appeal the judge's order making his judgment in ancillary relief proceedings available to the public was dismissed.
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Petition for An Order under the Child Abduction and Custody Act 1985:- The petitioner, a French woman, was married to the first respondent and together they had four children, aged 9, 11, 14 and 17. Here the petitioner sought an order for the return of the three younger children from their father, the first respondent, who lived in Dundee together. Following an acrimonious divorce on 12 February 2002 an order was pronounced by the French Family Court providing that both parents were to exercise ...
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The court declined to make an order for the return of children to Poland having regard to the children's views on the matter. The court commented that where the court was obliged to form their own conclusion on rights of custody upon the basis of a series of orders translated in English without the assistance of expert evidence the court should resist the temptation to make its own findings on the foreign laws and should be reluctant to allow rights of access to metamorphose into right of custod ...
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In an appeal concerning the proposed adoption of an English child by American parents the CA held that under s.84(4) of the Adoption and Children Act 2002 the physical presence of each of the applicant's throughout the entire 10 week period was not necessary to satisfy the requirement that the child's home was with both applicant's during this period. The CA further held that the confirmation which had to be given in order to satisfy para 10 (b) (iv) of the Adoptions with a Foreign Element Regul ...
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A local authority appealed against an order directing that there should be a fact finding hearing as to whether a person was a child and, if so, their age. The LA had been directed in family proceedings to prepare a s.37 report in respect of the person and had concluded that they were not a child. It was the LA's case that the court could not direct a fact finding hearing take place. The appeal was dismissed the CA holding that the word child in s.37 did not mean only those the local authority c ...
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