Hogg J conducted a hearing in respect of a 6 month old boy separated from his Mother who was left in Pakistan by the paternal family without her passport of ID documents. It was found that the father had devised a plan to take the Mother to Pakistan, ensure she stayed there whilst he retained care of her son. The Father had tranquilized the Mother to ensure her docility and deliberately separated from her tiny baby and abandoned her in Pakistan. At the date of judgment the mother remains in Paki ...
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The court explained orders which had been made in relation to a protected party who had been previously removed from the jurisdiction to Israel by her Father.
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The court held that a Respondent to a Schedule 1 application being a same sex partner who had not entered into a civil partnership with the Applicant was not a 'parent' as defined by paragraph 16 of Schedule 1 CA 1989 and therefore no orders for financial provision could be made against her.
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Mostyn J refused a Mother's application to relocate with the child to France. The court considered the case law on relocation and the recent Washington Declaration on International Family Relocation. Mostyn J held that his judgment would have been the same applying the case law of this jurisdiction or the guidance of the Washington Declaration.
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Mostyn J allowed the appeal of a Father against a fact finding judgment. The court held that the findings made by the DJ were untenable and that the errors he had identifiedin the judgment fatally undermined the integrity of the whole judgment and all the findings were set aside. The Court also held that given the children were currently living with their parents under a shared residence arrangement there was no purpose to holding a further fact finding hearing.
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The court considered jurisdictional issues in relation to an application by a mother under Schedule 1 CA 1989. It was held that the Mother who had previously entered into an agreement with the Father in France which was incorporated into an order by the French court was not entitled to make an application under Schedule 1 of the CA 1989. The Mother had not registered the French order in the UK.
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The CA allowed the appeal of a cohabitant in respect of applicant who lacked litigation capacity. The CA held that the trial judge had been right to hold that the presumption of undue influence applied and wrong to find that it has been rebutted. The CAtherefore set aside the relevant transaction and applied the equitable remedy of restitution.
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The CA refused a Father permission to appeal against the judgment of Mrs Justice Black in the matter of W v W [2010] EWHC 332 in which she had refused to order the return of three children to Ireland. The judge had taken account of the views of the elder two children aged 8 and 6 who objected to any return. The CA held, inter alia, that it was open to her to conclude that the degree of their maturity, along with their ages made it appropriate for her to take their views into account.
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The court determined that twin girls who had been born in England in 2007 but send to the Cameroons in 2008 with the grandmother were now now habitually resident in the Cameroons. It was found that the Mother had agreed to the twins being sent with their grandmother for an indeterminate period. The wardship summons issued by the Mother was dismissed.
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The Court of Protection made declarations in respect of an adult who had 'a significant impairment in intellectual functioning as a consequence of a learning disability' and thus lacked the capacity to make decisions about her healthcare and to conduct or defend proceedings. It was held to be in her best interests to undergo a hysterectomy in order to treat her cancer. Given she had a phobia of hospitals and needles if persuasion failed the NHS trust could be authorised to use force if necessary ...
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