Results: 21

• Vaughan v Vaughan

  31 Mar 2010 [2010] EWCA Civ 349; [2011] Fam 46; [2010] 3 WLR 1209; [2010] 2 FLR 242; [2010] WLR (D) 95, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 10.
  HUSBAND AND WIFE — Financial provision — Periodical payments order
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  HUSBAND AND WIFE — Financial provision — Periodical payments order — Variation and discharge — Husband applying for termination of periodical payments — Wife applying for lump sum to be substituted — Approach to be adopted by judge when exercising discretion — Financial needs of former wife and current wife — Whether one to be given priority over other — Whether husband remaining liable in principle to make periodical payments — Whether to be capitalised — Matrimonial Causes Act 1973 (as amended by Family Law Act 1996, s 66(1), Sch 8, para 16(1)(7)), ss 31(1)(7B), 35(2)

  3 Case(s) considered

  1 Statute considered
• Imerman v Tchenguiz (Imerman v Imerman)

  29 Jul 2010 [2010] EWCA Civ 908; [2011] Fam 116; [2011] 2 WLR 592; [2011] 1 All ER 555; [2010] 2 FLR 814; [2010] WLR (D) 217, CA (Lord Neuberger MR, Moses LJ, Munby LJ)

  Subsequent considerations : 4 positive; 6 neutral; most recently considered: 2023. Subsequent citations: 93.
  CONFIDENTIAL INFORMATION — Breach of confidence — Injunction

  HUSBAND AND WIFE — Financial provision — Identification of assets
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  CONFIDENTIAL INFORMATION — Breach of confidence — Injunction — Wrongful access to confidential information — Wife petitioning for divorce and initiating ancillary relief proceedings — Wife's brother gaining electronic access to and copying husband's files and e-mails without husband's consent to avoid concealment of assets by husband — Documents copied and transmitted to wife's solicitors before parties required to disclose assets and documents in ancillary relief proceedings — Whether husband entitled to injunction restraining use of information in documents and return of documents and copies — Whether information in documents to be used in ancillary relief proceedings

  HUSBAND AND WIFE — Financial provision — Identification of assets — Confidential information wrongfully accessed for use in ancillary relief proceedings and transmitted to wife's solicitors — Whether husband entitled to return of all information — Whether wife entitled to non-privileged information wrongfully obtained for use in ancillary proceedings — Matrimonial Causes Act 1973, s 25(2)

  8 Case(s) considered

  1 Statute considered

• In re A (Children) (Abduction: Interim Powers)

  [2010] EWHC 975 (Fam), Fam D (Mostyn J)

  27 May 2010 [2010] EWCA Civ 586; [2011] Fam 179; [2011] 2 WLR 1269; [2011] PTSR 771; [2011] 1 FLR 1; [2010] WLR (D) 139, CA (Thorpe LJ, Etherton LJ)

  Subsequent citations: 5.
  CHILDREN — Custody rights — Breach
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  CHILDREN — Custody rights — Breach — Mother removing children from Irish Republic to England — Father issuing Hague Convention proceedings for return order — Interim power to give directions “for the purposes of securing the welfare of the child” — Whether including power to direct local authority to accommodate mother and children — Whether power to make accommodation order only where necessary to avoid risk of further removal — Child Abduction and Custody Act 1985, s 5

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered
• In re A (Capacity: Refusal of Contraception)

  24 Jun 2010 [2010] EWHC 1549 (Fam); [2011] Fam 61; [2011] 2 WLR 878; [2011] PTSR 435; [2011] 2 All ER 706; [2011] 1 FLR 26, Ct of Protection (Bodey J)

  Subsequent considerations : 1 positive. Subsequent citations: 28.
  MENTAL DISORDER — Medical treatment, consent to — Capacity
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  MENTAL DISORDER — Medical treatment, consent to — Capacity — Vulnerable adult refusing contraceptive treatment — Whether capacity to refuse treatment — Whether test of capacity limited to understanding of immediate medical issues surrounding contraceptive treatment or including understanding of wider social issues involved in child rearing — Whether in vulnerable adult's best interests to receive contraceptive treatment — Mental Capacity Act 2005, ss 1, 2, 3

  1 Statute considered
• Purrucker v Vallés Pérez (No 2)

  09 Nov 2011 (Case C-296/10); EU:C:2010:665; [2011] Fam 312; [2011] 3 WLR 1040; [2012] 1 FLR 925, ECJ (Judge Cunha Rodrigues (President))

  Subsequent considerations : 3 neutral; most recently considered: 2022. Subsequent citations: 21.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children

  EUROPEAN UNION — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility
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  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children — Father bringing proceedings in first member state for provisional measures regarding custody of children — Mother subsequently bringing substantive proceedings in second member state regarding custody of children — Whether lis pendens arising where court first seised only seised for purpose of granting provisional measures — Council Regulation (EC) No 2201/2003, arts 19(2), 20

  EUROPEAN UNION — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — Regulation EC No 2201/2003 — Lis pendens — Substantive proceedings relating to rights of custody in respect of a child and application for provisional measures relating to rights of custody in respect of the same child

  1 EU Enactment considered
• In re L (A Child) (Parental Order: Foreign Surrogacy)

  08 Dec 2010 [2010] EWHC 3146 (Fam); [2011] Fam 106; [2011] 2 WLR 1006; [2011] 1 FLR 1423, Fam D (Hedley J)

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2024. Subsequent citations: 30.
  CHILDREN — Orders with respect to children — Parental order
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  CHILDREN — Orders with respect to children — Parental order — Couple domiciled in England entering into surrogacy arrangement in United States of America — Payments to surrogate mother exceeding reasonable expenses — Couple applying for parental order — Whether payments to be authorised — Whether child's welfare first or paramount consideration — Weight to be given to public policy considerations — Whether parental order to be made — Whether notwithstanding paramountcy of welfare applications for authorisation of payments to continue to be scrutinised with view to policing public policy matters — Observations as to transfer of cases to specialist family proceedings court and High Court — Adoption and Children Act 2002, s 1 — Human Fertilisation and Embryology Act 2008, s 54(8) — Human Fertilisation and Embryology (Parental Orders) Regulations 2010, reg 2, Sch 1

  2 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered
• In re J (A Child) (Adopted Child: Contact)

  27 May 2010 [2010] EWCA Civ 581; [2011] Fam 31; [2010] 3 WLR 1746; [2010] PTSR 1996; [2011] 1 FLR 272, CA (Lord Neuberger MR, Moses LJ, Munby LJ)

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2022. Subsequent citations: 14.
  CHILDREN — Orders with respect to children — Contact order
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  CHILDREN — Orders with respect to children — Contact order — Natural parents seeking provision of photograph annually of adopted child — Judge overriding objections from adoptive parents and local authority and making order in natural parents’ favour — Whether order appropriate — Whether welfare of child paramount consideration — Children Act 1989, s 1 — Human Rights Act 1998, Sch 1, Pt I, art 8 — Adoption and Children Act 2002, ss 46(2), 67

  2 Case(s) considered

  3 Statutes considered

• Golubovich v Golubovich

  13 Jul 2010 [2010] EWCA Civ 810; [2011] Fam 88; [2010] 3 WLR 1607; [2010] 2 FLR 1614, CA (Lord Neuberger MR, Thorpe LJ, Etherton LJ)

  30 Mar 2011 [2011] EWCA Civ 479; [2011] 2 FLR 1193, CA (Thorpe LJ, Etherton LJ, Baron J)

  Subsequent citations: 15.
  HUSBAND AND WIFE — Divorce — Foreign decree, recognition of
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  HUSBAND AND WIFE — Divorce — Foreign decree, recognition of — Husband and wife domiciled in Russian Federation but resident in United Kingdom — Divorce proceedings brought by husband in Moscow and by wife in London — Race to obtain divorce first without hearing on priority or forum conveniens — Husband forging divorce decree purportedly granted by Russian court — English court granting wife injunction to restrain husband from taking further steps to obtain Russian divorce before hearing in London — Husband defying injunction — Russian court granting decree of divorce — Whether appropriate for English court to refuse recognition of Russian divorce as manifestly contrary to public policy — Family Law Act 1986, s 51(3)(c)

  1 Case considered

  1 Statute considered
• Purrucker v Vallés Pérez (No 1) (Bianca Purrucker v Guillermo Vallés Pérez.)

  15 Jul 2010 (Case C-256/09); EU:C:2010:437; [2011] Fam 254; [2011] 3 WLR 982; [2012] 1 FLR 903, ECJ (Judge Cunha Rodrigues (President))

  Subsequent considerations : 2 positive; most recently considered: 2019. Subsequent citations: 22.
  EUROPEAN UNION — Judgment — Recognition and enforcement in other member states

  EUROPEAN UNION — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility
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  EUROPEAN UNION — Judgment — Recognition and enforcement in other member states — Mother moving from first member state to second member state with son — Court of first member state taking provisional measures awarding father sole custody of children and requiring mother to return son to that state — Court of second member state ordering enforcement of that judgment — Whether provisional measures enforceable in another member state — Council Regulation (EC) No 2201/2003, arts 20, 21, 28(1)

  EUROPEAN UNION — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — Regulation EC No 2201/2003 — Provisional, including protective, measures — Recognition and enforcement
• Povse v Alpago

  01 Jul 2010 (Case C-211/10PPU); (Case C-211/10 PPU); EU:C:2010:400; [2011] Fam 199; [2011] 3 WLR 164; [2010] 2 FLR 1343, ECJ (Judge Lenaerts (President))

  Subsequent considerations : 1 neutral. Subsequent citations: 35.
  EUROPEAN UNION — Judgment — Recognition and enforcement in other member states

  EUROPEAN UNION — Judicial cooperation in civil matters — Matrimonial matters and matters of parental responsibility
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  EUROPEAN UNION — Judgment — Recognition and enforcement in other member states — Provisional custody award made in first member state — Child unlawfully removed to second member state — Whether transfer of jurisdiction to courts of second state where child had acquired habitual residence there — Enforceability of judgment by court of first state requiring return of child — Whether dependent on previous custody judgment by court of first state — Whether ousted by contrary custody judgment in second state deemed enforceable under law of that state — Whether enforcement refusable in second state on ground of change in child's circumstances — Council Regulation (EC) No 2201/2003, arts 10(b)(iv), 11(8), 47(2)

  EUROPEAN UNION — Judicial cooperation in civil matters — Matrimonial matters and matters of parental responsibility — Regulation EC No 2201/2003 — Unlawful removal of a child — Provisional measures relating to 'right to take parental decisions' — Rights of custody — Judgment ordering the return of the child — Enforcement — Jurisdiction — Urgent preliminary ruling procedure

  1 Case considered

  1 EU Enactment considered