The petitioners were Aberdeen City Council. The respondents, IO and LO, were the birth parents of HMCO who was born on 8th August 2005. The petitioner sought a freeing order in respect of HMCO to allow him to be adopted. The respondents refused to consent to the order and moved for refusal of the application. The respondents had one younger child and were expecting another. HMCO was placed on the Child Protection Register in April 2007 following his attendance at hospital for unexplained injuri ...
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The pursuer and first defender were husband and wife, having married in Scotland in August 1988; there were no children born of the marriage. The second defenders were incorporated in connection with a trust established by the first defender, set up to benefit children born of the first defender’s personal relationships with two other women during the marriage. In this action for financial provision brought under the provisions of the Family Law (Scotland) Act 1985, the pursuer sought a c ...
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In this petition, Inverclyde Council sought permanence orders under section 80 of the Adoption and Children (Scotland) Act 2007 in respect of three children; the first respondent and second respondent were respectively the mother and father of the children. In terms of the petition, the Council argued that it would be seriously detrimental to the welfare of the children for them to live with the respondents, because the respondents were drug addicts with mental health difficulties, who had dem ...
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The petitioner was Aberdeenshire Council. The respondents, TW and JW, were the birth parents of CW who was born on 5th December 2008. CW was the respondents’ third child and her two older siblings had already been placed for adoption by the local authority. CW was placed on the ‘At Risk’ Register from birth as a result of her parents’ failure to care for their other children. The petitioner sought the termination of an existing supervision requirement in re ...
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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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