The court gave reasons for the decision to grant a residence order to a mother who had become pregnant with Mr W's sperm as a result of an informal surrogacy agreement between herself and Mr and Mrs W. The mother had changed her mind during the pregnancy. The judge was satisfied that there was a clear attachment between the Mother and child and that the Mother would foster contact between Mr W and the child.
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The CA allowed the appeal of a Wife against the judgment of Charles J awarding her £5m in respect of her ancillary relief claims. The CA held that the Judge had erred in his treatment of the Husband's business assets and increased the award to £8m. In considering matters the CA formally overruled the judgment in GW v RW (Financial Provision: Departure from Equality) [2003] EWHC 611, [2003] 2 FLR 108.
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The CA dismissed an appeal in a 'big money' ancillary relief matter as to whether the Family Proceedings Rules or the Civil Procedure Rules applied to the joinder of a Third Party company. The CA upheld the judgment that the FPR applied and further that England and Wales was the convenient forum.
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The CA allowed an appeal against the making of a final care order with a care plan preventing two married parents from living together. The case concerned the risks in respect of the Father who had been convicted of serious sexual offences in relation to children. The CA substituted an interim care order to allow for further assessment and work with the family should the expert consider this appropriate in the light of the Judge's findings.
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The CA allowed an appeal and set aside findings that TW had sexually abused a young girl LR. The ABE interviews were found to be highly unreliable and were not carried out in accordance with the guidelines.
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The CA heard an appeal in relation to a lengthy and serious fact finding hearing. Whilst the appeal was partially allowed in respect of some grounds in relation to the most serious allegations against the father the appeal was dismissed. The CA considered the nature of fact finding judgments and task of the fact finding judge.
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The CA dismissed a mother's appeal against the refusal of permission to relocate to Australia with her child. The Judge below had relied on her dislike of the Father and held that due to this attitude and the limited direct contact which would be available the relationship between the Father and child would not be sustained.
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The pursuer and defender were a separated husband and wife with two children, D (7) and A (4). The children lived with their mother (the defender and respondent) in Gifford. Their father (the pursuer and appellant) lived in Haddington and enjoyed regular contact with the children. First Instance Proceedings: The mother had formed a new relationship with MM and intended to move to Berkshire with the children to be with him. The pursuer sought a residence order providing that the children live ...
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The court considered the appropriate mechanism for a child who was the subject of an Interim Care Order to be placed in Turkey with his Father pending the final hearing in the care proceedings. The court concluded that Wardship orders were not appropriate and that the child should remain subject to an ICO with the local authority granted approval pursuant to schedule 2 paragraph 19 CA 1989 to place the outside England and Wales.
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In a Hague Convention case the court refused to order the summary return of three children to Italy on the grounds that there was a grave risk of harm to the children. The basis for this being, inter alia, that the Mother was found to be genuine in stating she would be unable to return to Italy with the children as a result of serious and prolonged domestic abuse by the Father. The separation of the children from their primary carer, particularly in circumstances where one is diagnosed with auti ...
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