The application of a Father pursuant to the Hague Convention for the return of his 11 month old daughter to Poland was granted. The court considered the authorities on habitual residence and held that the child and mother had not become habitually resident in England and Wales.
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The CA allowed an appeal against interim care orders removing children from the care of their Mother on the basis that the Judge had failed to rely on authorities as to interim orders and had treated the orders as final orders. However in the circumstances of the case where the children were at risk from the Father and there was concern about the Mother's ability to separate from him the CA after allowing the appeal put in place interim care orders under which the children would live with relati ...
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The CA allowed the appeal of Coventry CC against an injunction imposed to prevent their removal of children from foster parents and placement with prospective adopters. It was held that the court had not properly considered the LA statutory rights by virtue of ss 21 and 38 ACA 2002 when making the injunction. On a subsidiary point the CA held that 'placement for adoption' took place at the time children went to live with adopters. The CA expressed their sympathy to the prospective adopters who h ...
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The CA considered the nature and consequential effect of mirror orders in a case where a father who had a Malaysian order granting him custody of a child had sought mirror orders in the UK prior to bringing the child over for contact with his Mother. The CA allowed the Father's appeal against contact orders made in the High Court holding that no jurisdiction under Article 12.3 of Council Regulation (EC) N0 2201/2003 existed in this case.
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The City of Edinburgh Council sought a Permanence Order in relation to the child I (aged 4), who was subject to a supervision requirement under the Children (Scotland) Act 1995. S, the natural father, opposed the petition. On 1st September 2010, a children’s hearing decided to reduce contact between I and S from once a month to once every three months. S successfully appealed against that decision, with the Sheriff allowing contact to take place once a month. Following contact in January, Februa ...
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The CA dismissed the appeal of a Husband against an ancillary relief order providing for him to make a lump sum payment of £3m to the Wife together with interim periodical payments. The CA did not accept that the judge had erred in her treatment of trust assets as available to the Husband or that the Judge had taken insufficient account of the Mother's new partner (who was described as 'cost neutral').
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The CA dismissed the appeal of a Husband against an ancillary relief order made in K v L (Ancillary Relief: Inherited Wealth) [2010] EWHC 1234 (Fam). The Husband had been awarded a lump sum of £5m on a clean break basis out of assets of almost £57m. The CA held that the entirely non-matrimonial nature of the assets arising from a company set up by the Wife's grandfather allowed an award to the Husband which met his needs and did not apply sharing. The CA further granted reporting restrictions to ...
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The CA dismissed a Mother's appeal against an order for no direct contact with her daughter with a s.91(14) order for 18 months. The CA held that the orders had been made as part of a process towards making contact work and further that planned and purposeful delay could be appropriate in private law Children Act cases as well as public law.
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The CA dismissed a Father's appeal against Special Guardianship and s.91(14) orders made at the conclusion of care proceedings in favour of the maternal grandmother. The Father had argued that the child's cultural needs were not properly met in the placement.
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The parties were a former cohabiting couple who began living together around 2000 and separated in November 2007. This was an action under s. 28 of the Family Law (Scotland) Act 2006 in which the pursuer sought a capital sum from her former partner. The couple had two children and the pursuer had a son from a previous relationship. Parties’ Submissions The pursuer averred first that the defender gained economic advantage from her when the parties cohabited between March ...
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