Results: 30

• In re A (A Child) (Financial Provision: Wealthy Parent)

  10 Dec 2014 [2014] EWCA Civ 1577; [2015] Fam 277; [2015] 3 WLR 48; [2014] WLR (D) 529, CA

  16 Apr 2015 Permission to appeal to Supreme Court refused

  Subsequent considerations : 1 positive. Subsequent citations: 7.
  CHILDREN — Financial provision — Very wealthy parent
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  Case index catchwords

  CHILDREN — Financial provision — Very wealthy parent — Mother seeking financial provision for benefit of child from very wealthy father — Whether father to be permitted to avoid disclosing details of financial situation by indicating ability to meet any order which court made — Whether principles of compensation and sharing relevant to application for financial provision for child — Whether needs of carer at conclusion of child’s dependency relevant — Whether level of provision to be based on nature of child’s home environment — Children Act 1989, Sch 1, para 1(2)

  4 Case(s) considered

  1 Statute considered
• E v B

  01 Oct 2014 (Case C-436/13); [2015] Fam 162; [2014] 3 WLR 1750; [2014] WLR (D) 405; EU:C:2014:2246, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 15.
  CHILDREN — Custody rights — Jurisdiction

  EUROPEAN UNION — Reference for a preliminary ruling — Area of freedom, security and justice
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  Case index catchwords

  CHILDREN — Custody rights — Jurisdiction — Prorogation of jurisdiction — Child born in Spain to Spanish father and British mother — Mother bringing child to live in United Kingdom — Spanish court confirming custody and access agreement signed by parents — Spanish court having prorogued jurisdiction — Mother seeking to vary terms of agreement and to transfer prorogued jurisdiction to England — Whether prorogation of jurisdiction ceasing following final judgment in Spanish proceedings — Whether English court having jurisdiction — Council Regulation (EC) No 2201/2003, arts 8(1), 12(3)

  EUROPEAN UNION — Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 2201/2003 — Articles 8, 12 and 15 — Jurisdiction in matters of parental responsibility — Proceedings relating to the custody of a child habitually resident in the Member State of residence of his mother — Prorogation of jurisdiction in favour of a court of the Member State of residence of the father — Scope

  1 EU Enactment considered
• In re M (An Adult) (Capacity: Consent to Sexual Relations)

  23 Jan 2014 [2014] EWCA Civ 37; [2015] Fam 61; [2014] 3 WLR 409; [2014] 3 All ER 491; [2014] WLR (D) 31, CA

  22 May 2014 Permission to appeal to Supreme Court refused

  Subsequent considerations : 3 positive; 1 neutral. Subsequent citations: 40.
  MENTAL DISORDER — Capacity — Consent to sexual relations
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  MENTAL DISORDER — Capacity — Consent to sexual relations — Person suffering significantly deteriorated mental function after surgery — Whether capacity to consent to sexual relations — Whether test for capacity including consideration of person’s ability to use and to weigh relevant information — Whether test concerned with capacity to consent to general rather than to specific sexual relations — Whether judge applying correct test — Mental Capacity Act 2005, s 3

  10 Case(s) considered

  1 Statute considered

• In re G (A Child) (Non-relative Carer: Joinder to Adoption Proceedings)

  08 Apr 2014 [2014] EWCA Civ 432; [2015] Fam 223; [2014] 3 WLR 1719; [2014] 2 FLR 525; [2014] WLR (D) 159, CA

  Subsequent citations: 2.
  ADOPTION — Arrangements for adoption — Placement order
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  Case index catchwords

  ADOPTION — Arrangements for adoption — Placement order — Application by non-relative former carer for leave to oppose adoption and to be joined to adoption proceedings — Whether application for leave to be treated as application for leave to apply for residence order — Whether court obliged to have regard to change in circumstances — Whether court obliged to treat child’s welfare as paramount — Relevance of change of circumstances and welfare of child — Approach to be taken on application for joinder — Adoption and Children Act 2002, ss 1(7), 29(4), 47

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• In re S (A Child) (Abduction: Hearing the Child)

  04 Dec 2014 [2014] EWCA Civ 1557; [2015] Fam 263; [2015] 3 WLR 10; [2014] WLR (D) 522, CA

  Subsequent citations: 10.
  CHILDREN — Custody rights — Breach
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  CHILDREN — Custody rights — Breach — Mother removing child from Russia without father’s consent — Father applying for return of child to Russia — Judge exercising inherent jurisdiction to hear application — Judge failing to consider whether child should be heard and ordering return — Whether obligation under inherent jurisdiction to consider whether and how to hear from child — Child Abduction and Custody Act 1985, Sch 1, art 12 — Human Rights Act 1998, Sch 1, Pt I, arts 6, 8 — Council Regulation (EC) No 2201/2003, art 11(2)

  1 EU Enactment considered

  2 Statutes considered
• C v M

  09 Oct 2014 (Case C-376/14PPU); (Case C-376/14 PPU); EU:C:2014:2268; [2015] Fam 116; [2015] 2 WLR 59; [2015] All ER (EC) 426; [2015] 1 FLR 1; [2014] WLR (D) 415, ECJ

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 23.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children

  EUROPEAN UNION — Reference for a preliminary ruling — Urgent preliminary ruling procedure
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children — Child born in France to French father and British mother — On parents’ divorce French first instance court granting residence of child to mother and authorising relocation of child — Mother relocating with child to Ireland — First instance judgment overturned on appeal — Irish court refusing father’s application for enforcement of appeal judgment on ground that child lawfully “habitually resident” in Ireland — Whether Irish court having to determine whether child still habitually resident in France immediately before alleged wrongful retention in Ireland — Whether failure to return child to France “wrongful” — Whether European Union Regulation provisions on return of child applicable — Council Regulation (EC) No 2201/2003, arts 2(11), 11 — Convention on the Civil Aspects of International Child Abduction (1980)

  EUROPEAN UNION — Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Wrongful retention — Habitual residence of the child

  2 Case(s) considered

  2 Words & Phrases considered

  1 EU Enactment considered

  1 International Agreement considered
• In re J (An Adult) (Deprivation of Liberty: Safeguards)

  10 Feb 2015 [2015] EWCOP 5; [2015] Fam 291; [2015] 3 WLR 683; [2015] WLR (D) 64, Ct of Protection (Baker J)

  Subsequent considerations : 1 positive. Subsequent citations: 9.
  MENTAL DISORDER — Incapable person — Deprivation of liberty
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  Case index catchwords

  MENTAL DISORDER — Incapable person — Deprivation of liberty — Local authority placing elderly incapacitated person in residential home despite her objection — Local authority failing to comply with deprivation of liberty safeguards — Whether unlawful deprivation of liberty — Extent of duty on local authority to ensure person lacking capacity able to challenge deprivation of liberty — Whether relevant person’s representative eligible, properly selected and appointed — Whether independent mental capacity advocate properly selected and appointed — Human Rights Act 1998, s 6, Sch 1, Pt I, art 5 — Mental Capacity Act 2005 (as amended by Mental Health Act 2007, ss 50, 56, Sch 7, para 1, Sch 9, paras 2, 6), ss 21A, 39D, 40(1)(b), Sch A1, para 140 — Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006, reg 6 — Mental Capacity (Deprivation of Liberty: Appointment of Relevant Persons Representative) Regulations 2008, reg 3

  3 Case(s) considered

  2 Statutes considered

  2 Statutory Instruments considered
• In re E (A Child) (Care Order: Change of Care Plan) (A Father v SBC, D (A Child))

  23 May 2014 [2014] EWFC 6; [2015] Fam 145; [2014] 3 WLR 1733; [2015] LGR 24; [2014] WLR (D) 246, Fam Ct (Baker J)

  09 Jun 2014 [2014] EWFC B77, Fam Ct (Judge Marshall)

  Subsequent considerations : 2 positive; 2 neutral; most recently considered: 2024. Subsequent citations: 19.
  CHILDREN — Care order — Care plan
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  Case index catchwords

  CHILDREN — Care order — Care plan — Child living with parents under care order — Local authority seeking removal of child from parents in proposed change of care plan — Parent seeking discharge of care order and injunction to prevent local authority removing child — Whether parent entitled to injunction to prevent breach of family’s Convention rights — Guidance as to measures to be taken by local authorities and court in similar cases — Children Act 1989 (as amended by Adoption and Children Act 2002, s 139, Sch 3, para 63), ss 17(1), 31, 33, 39, 50 — Human Rights Act 1998, s 8, Sch 1, Pt I, art 8

  4 Case(s) considered

  2 Statutes considered
• In re Warren

  06 Mar 2014 [2014] EWHC 602 (Fam); [2015] Fam 1; [2014] 3 WLR 1310; [2014] 2 FLR 1284; [2014] WLR (D) 135, Fam D (Hogg J)

  Subsequent considerations : 1 neutral; most recently considered: 2024. Subsequent citations: 9.
  MEDICAL PRACTITIONER — Medical treatment — Human fertilisation
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  Case index catchwords

  MEDICAL PRACTITIONER — Medical treatment — Human fertilisation — Wife seeking to extend storage period for deceased husband’s gametes — Regulations requiring donor’s written consent to storage in excess of ten years and medical opinion that he “is . . . or is likely to be prematurely infertile” — Clinic failing to give husband relevant information to enable him to consent to extended storage — Medical opinion as to husband’s likely premature infertility only provided after his death — Whether regulations to be read and given effect in way compatible with wife’s Convention right to respect for family life — Whether medical opinion as to husband’s likely infertility could be provided after his death — Whether wife entitled to declaration that storage beyond ten years lawful — Human Fertilisation and Embryology Act 1990 (as amended by Human Fertilisation and Embryology (Quality and Safety) Regulations 2007, reg 16 and Human Fertilisation and Embryology Act 2008, ss 15, 66, Sch 8, Pt 1, para 1), s 14(1)(3)(5), Sch 3, para 3(1) — Human Rights Act 1998, s 3, Sch 1, Pt I, art 8 — Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009 (as amended by Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Amendment) Regulations 2009 reg 2(4)(6)), regs 4, 7

  1 Case considered

  1 Words & Phrases considered

  2 Statutes considered

  1 Statutory Instrument considered

• In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt)

  29 Jan 2015 [2015] EWCOP 3; [2015] Fam 239; [2015] 3 WLR 190; [2016] 1 All ER 71; [2015] WLR (D) 42, Ct of Protection (Hayden J)

  Subsequent citations: 7.
  MENTAL DISORDER — Court of Protection — Jurisdiction
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  Case index catchwords

  MENTAL DISORDER — Court of Protection — Jurisdiction — Contempt of court — Declaration as to residence made in best interests proceedings concerning incapacitous adult — Removal of incapacitous adult from jurisdiction in deliberate defiance of declaration — Whether power to commit for contempt of court — Whether parens patriae wardship principle applying — Mental Capacity Act 2005, ss 15, 16, 47(1), 48

  3 Case(s) considered

  1 Statute considered