The court in Hague Convention proceedings declined to order the return of a 13 year old child to Portugal despite a finding of wrongful retention on the grounds of the child's objections to return.
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In the opening round of a 'big money' ancillary relief case the court in a lengthy judgment considered the case law in relation to Hildebrand documents. It was ordered that the Wife's solicitors deliver up to the husband's solicitors seven files of documents obtained by the Wife's brother from the Husband's computer for them to identify and remove those pages said to contain privileged material. The Husband solicitors were to preserve and hold any privileged material pending the determination of ...
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The Court allowed the application of a Mother within Care proceedings that a Father (who had been kept unaware of care proceedings due to the high risk he posed to the Mother and children) be discharged from the proceedings and have no involvement or knowledge of them. Submissions were heard from an advocate to the court provided via the Attorney General. The court considered the competing rights of the Mother, Father and children and concluded that on the facts of the case the exclusion of the ...
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The court allowed the application of an older sibling ('C') to be joined to Hague Convention proceedings involving her younger brother. There were issues of domestic violence within the case and C's case was that her Mother had been unable to protect herself and her brother from the father's behaviour. It was held that she should be joined under FPR Rule 6.5(e) "any other person who appears to the court to have a sufficient interest in the welfare of the child".
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The CA dismissed a Wife's appeal against an order under TOLATA that the FMH be sold notwithstanding that decree nisi had yet not been pronounced and the divorce was contested. That CA noted that that when confronted with an application under TOLATA between separated spouses, the court should embark upon the discretionary exercise by asking itself whether the issue raised by the application can reasonably be left to be resolved within an application for ancillary relief following divorce. However ...
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The CA dismissed a Mother's appeal from a trial judge's refusal to allow her to instruct further experts in care proceedings. In the unusual factual matrix of the case the CA upheld the Judge's decision that a significant amount of medical evidence had been gathered by the treating physician in an investigative capacity prior to the involvement of the local authority and a wide variety of doctors of all relevant specialties had been involved. The CA held it was not enough for the mother to asser ...
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Supreme Court Press Summary BACKGROUND TO THE APPEAL This appeal concerns whether an English court has jurisdiction to determine the future level of contact between a child and his mother where the child does not habitually reside in an EU Member State. Under article 12.3 of Council Regulation (EC) No 2201/2003 (“Brussels II Revised”) parties are able to opt in to the jurisdiction of an EU court which would not otherwise have jurisdiction to determine a child’s future. This ...
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Supreme Court Press Summary – 26 November 2009 Background Local authorities owe a variety of duties towards children in need, who may include unaccompanied minors coming here to seek asylum. Such children may be entitled to accommodation and other help which is different from, and rather better than, the services available to adults. So disputes may arise about whether a young person is or is not a child. Today, the Supreme Court unanimously decided that it is ultimately for the courts ...
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Supreme Court Press Summary - 19 November 2009 Background to the appeal H is a three year old child whose parents separated before his birth. From the date of his birth until very recently, H has lived with his maternal grandmother, GB. H’s mother, GLB, lived with her mother and H intermittently at GB’s home from the time he was born until July 2006. She left GB’s home then and has not returned. In November 2006, GB was granted, by consent, a residence order in respect of H. ...
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The CA allowed the appeal of a local authority against the refusal of an ICO in circumstances where an ICO had been unopposed in relation to an elder half-sibling of the child KB. The CA held that the judge had seriously understated the harm to the elder child and minimised the risk to KB. The Judge had further not given reasons for departing from the guardian’s recommendation. The CA granted an ICO.
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