Results: 32

• In re M (Children) (Abduction: Child’s Objections)

  27 Jan 2015 [2015] EWCA Civ 26; [2016] Fam 1; [2015] 3 WLR 803; [2015] 2 FLR 1074; [2015] WLR (D) 44, CA (Richards, Black, Ryder LJJ)

  09 Jul 2015 (appn dis) [2015] 1 WLR 4931, SC(E)

  Subsequent considerations : 2 positive; 2 neutral; most recently considered: 2020. Subsequent citations: 91.
  CHILDREN — Custody rights — Breach

  PRACTICE — Parties — Joinder
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  CHILDREN — Custody rights — Breach — Mother wrongfully removing children habitually resident in Irish Republic to England — Father applying for return of children — Correct approach to determining whether court having discretion to decline return order because child objecting to being returned and having attained age and degree of maturity at which appropriate to take account of child’s views — Factors relevant to exercise of discretion — Whether to be exercised — Child Abduction and Custody Act 1985, Sch 1, art 13

  PRACTICE — Parties — Joinder — Father applying for return of children wrongfully removed by mother from state of habitual residence — Joinder of children as parties to proceedings first sought on appeal to Court of Appeal — Procedure to be followed on joinder of children at appeal stage — Whether children correctly joined — CPR rr 19.1, 52.1 — Practice Direction 16A supplementing FPR Pt 16

  3 Case(s) considered
• In re C (A Child) (International Centre for Family Law, Policy and Practice intervening)

  18 Dec 2015 [2015] EWCA Civ 1305; [2016] Fam 253; [2016] 3 WLR 1; [2017] 1 FLR 103; [2015] WLR (D) 537, CA

  Subsequent considerations : 1 positive; most recently considered: 2025. Subsequent citations: 27.
  CHILDREN — Orders relating to children — Relocation
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  CHILDREN — Orders relating to children — Relocation — Mother applying to relocate within England with child — Principles applying when determining application for relocation of child — Whether different test for external and internal relocation — Children Act 1989, s 1(1)(3)

  4 Case(s) considered

  1 Statute considered
• Health Service Executive of Ireland v PA (Health Service Executive of Ireland v PB, Health Service Executive of Ireland v PC)

  03 Jun 2015 [2015] EWCOP 38; [2016] Fam 47; [2015] 3 WLR 1923; [2015] WLR (D) 243, Ct of Protection

  Subsequent considerations : 1 neutral; most recently considered: 2022. Subsequent citations: 13.
  MENTAL DISORDER — Court of Protection — Recognition and enforcement of foreign orders
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  MENTAL DISORDER — Court of Protection — Recognition and enforcement of foreign orders — Orders relating to compulsory psychiatric placements — Approach to be taken — Whether protective measures to be recognised and enforced — Whether grounds for refusing recognition and enforcement — Human Rights Act 1998, Sch 1, Pt I, arts 5, 6, 8 — Mental Capacity Act 2005, s 63, Sch 3, paras 4, 5, 12, 19, 24

  3 Case(s) considered

  2 Statutes considered

• Health Service Executive of Ireland v Z

  08 Apr 2016 [2016] EWHC 784 (Fam); [2016] Fam 375; [2016] 3 WLR 791; [2017] 1 FLR 1236; [2016] WLR (D) 178, Fam D (Baker J)

  Subsequent citations: 6.
  HIGH COURT — Jurisdiction — Recognition and enforcement of foreign orders
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  HIGH COURT — Jurisdiction — Recognition and enforcement of foreign orders — Irish court ordering transfer of Irish child to English hospital for treatment of severe eating disorder against her wishes but with parents’ consent — Whether High Court having power under inherent jurisdiction to make interim order for recognition and enforcement of Irish order pending registration under statutory scheme — Whether Irish order falling within scope of European legislation applicable to recognition of foreign judgments in matters of parental responsibility — Whether Irish order involving “placement in institutional care” so as to oblige prior consultation — Whether necessary for child to be represented on registration application — Whether court to grant interim order sought — Council Regulation (EC) No 2201/2003, arts 1(b), 21, 23, 56 — FPR Pt 31

  3 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered

  1 Statutory Instrument considered

• R v R (R v R (Divorce: Interim Maintenance: Circumvention of Sanctions Regime))

  24 Jul 2015 [2015] EWCA Civ 796; [2016] Fam 153; [2016] 2 WLR 127; [2016] 1 All ER 50; [2015] WLR (D) 337, CA (Arden LJ, Ryder LJ, Briggs LJ)

  Subsequent citations: 9.
  EUROPEAN UNION — Common foreign and security policy — Restrictive measures
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  EUROPEAN UNION — Common foreign and security policy — Restrictive measures — European Union sanctions freezing European assets of husband resident in Russia — Wife resident in United Kingdom applying for interim maintenance following divorce — Judge ordering payment by husband of interim maintenance into wife’s Russian bank account — Whether judge having jurisdiction to make order — Whether order circumventing prohibition in sanctions legislation — Ukraine (European Union Financial Sanctions) (No 2) Regulations 2014, regs 3, 10 — Council Regulation (EU) No 269/2014, arts 2, 5, 9

  1 EU Enactment considered

  1 Statutory Instrument considered

• Seddon v Oldham Metropolitan Borough Council

  14 Sep 2015 [2015] EWHC 2609 (Fam); [2016] Fam 171; [2016] 2 WLR 1013; [2016] 2 FLR 87; [2015] WLR (D) 388, Fam D (Peter Jackson J)

  Subsequent citations: 6.
  ADOPTION — Adoption order — Contact
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  ADOPTION — Adoption order — Contact — Child placed for adoption following care proceedings brought by local authority — Birth mother seeking leave to apply for post-adoption contact — Whether Convention right to family life as between birth parent and child surviving making of adoption order — Whether post-adoption contact reviving or creating Convention rights as between birth parent and adopted child — Whether legislation governing post-adoption contact incompatible with Convention rights — Whether leave to be granted — Whether local authority post-adoption correspondence exchange service engaging Convention rights — Whether redaction of and refusal to forward correspondence unlawful — Human Rights Act 1998 (c 42), ss 6, 7, Sch 1, Pt I, art 8 — Adoption and Children Act 2002 (c 38) (as amended by Children and Families Act 2014 (c 6), s 9), ss 3(1), 46, 51A, 67 — Adoption Support Services Regulations 2005 (SI 2005/691), reg 3(1)(c)

  2 Statutes considered

  1 Statutory Instrument considered

• An NHS Trust v A

  23 Sep 2015 [2015] EWCOP 71; [2016] Fam 223; [2016] 3 WLR 119; [2015] WLR (D) 456, Ct of Protection (Mostyn J)

  Subsequent citations: 3.
  MENTAL DISORDER — Incapable person — Deprivation of liberty
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  MENTAL DISORDER — Incapable person — Deprivation of liberty — Detained mental health patient requiring treatment for physical disorder — Authorisation sought for investigative medical procedures at general hospital and associated physical restraint of patient — Whether patient eligible to be deprived of liberty — Whether court able to grant authorisation sought — Mental Health Act 1983, s 3 — Mental Capacity Act 2005, s 16A, Sch 1A (as inserted by Mental Health Act 2007, s 50(1)(3), Sch 8)

  1 Case considered

  2 Statutes considered
• In re N (An Adult) (Court of Protection: Jurisdiction) (ACCG v MN, N v A Clinical Commissioning Group)

  20 Nov 2013 [2013] EWHC 3859 (COP); [2014] COPLR 11; [2013] CN 1859, Ct of Protection (Eleanor King J)

  07 May 2015 [2015] EWCA Civ 411; [2016] Fam 87; [2015] 3 WLR 1585; [2015] WLR (D) 208, CA

  25 Feb 2016 (appn all) [2016] 1 WLR 1172, SC(E)

  22 Mar 2017 [2017] UKSC 22; [2017] AC 549; [2017] 2 WLR 1011; [2017] 3 All ER 719; [2017] WLR (D) 202; Case details, SC(E)

  Subsequent considerations : 1 positive. Subsequent citations: 65.
  MENTAL DISORDER — Court of Protection — Jurisdiction

  MENTAL DISORDER — Mental incapacity — Whether court should embark on contested “best interests” trial
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  MENTAL DISORDER — Court of Protection — Jurisdiction — Public authority declining to commission or fund certain services for incapacitated adult — Whether Court of Protection having jurisdiction to consider whether such services in incapacitated adult’s best interests — Whether court’s failure to do so breach of Convention rights — Human Rights Act 1998, s 7, Sch 1, Pt I, arts 6, 8 — Mental Capacity Act 2005, ss 1(5), 15, 16

  MENTAL DISORDER — Court of Protection — Jurisdiction — Public authority declining to commission or fund care package sought by parents of incapacitated adult — Parents seeking declaration from Court of Protection that such services in incapacitated adult’s best interests — Court refusing to hold best interests inquiry as serving no useful purpose given lack of power to order public authority to provide sought-after package — Whether refusal properly within court’s case management powers — Mental Capacity Act 2005 (c 9), ss 15, 16

  MENTAL DISORDER — Mental incapacity — Whether court should embark on contested “best interests” trial

  8 Case(s) considered

  2 Statutes considered
• Merton London Borough Council v B (In re CB (A Child), London Borough of Merton v LB)

  19 Dec 2014 [2014] EWHC 4532 (Fam); [2016] 1 FLR 1261; [2015] CN 948, Fam D (Moylan J)

  30 Aug 2015 (Central Authority of the Republic of Latvia intervening) [2015] EWCA Civ 888; [2016] Fam 123; [2016] 2 WLR 410; [2016] 1 FLR 1286; The Times, 6 August 2015; [2015] WLR (D) 365, CA

  08 Oct 2015 Permission to appeal to Supreme Court refused

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 17.
  CHILDREN — Care proceedings — Placement for adoption

  ADOPTION — Adoption order — Leave to oppose
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  CHILDREN — Care proceedings — Placement for adoption — Care and placement orders made — Mother seeking leave to oppose

  ADOPTION — Adoption order — Leave to oppose — Child of Latvian mother placed with prospective adopters pursuant to care and placement orders — Prospective adopters applying for adoption order — Mother applying for leave to oppose adoption order and to transfer jurisdiction to Latvia — Whether application for leave to oppose “measures preparatory to adoption” — Whether Council Regulation applying — Whether power to request Latvian courts to assume jurisdiction — Practice to be adopted by local authorities, guardians and courts in public law cases involving non-consenual adoption of nationals from other European Union member states — Adoption and Children Act 2002, ss 1(4), 47(5) — Council Regulation (EC) No 2201/2003, arts 1(3)(b), 15

  5 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered

  1 Statute considered
• Mann v Mann (No 2)

  18 Jan 2016 [2016] EWHC 314 (Fam); [2016] Fam 281; [2016] 3 WLR 67; [2017] 1 FLR 559; [2016] WLR (D) 96, Fam D (Roberts J)

  Subsequent considerations : 1 neutral; most recently considered: 2024. Subsequent citations: 2.
  MARRIAGE — Divorce — Financial provision

  HUSBAND AND WIFE — Divorce — Financial provision
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  MARRIAGE — Divorce — Financial provision — Enforcement — Wife seeking to enforce orders made in ancillary relief proceedings — Whether interest payable on arrears outstanding from time orders made — Whether six-year limitation on arrears of interest applying — Matrimonial Causes Act 1973, s 32 — Limitation Act 1980, ss 24(1)(2), 39

  HUSBAND AND WIFE — Divorce — Financial provision

  3 Case(s) considered

  2 Statutes considered