The Practical Lawyer


Children – care plans

What is the court’s approach where there is an impasse with the LA regarding an important element in a care plan? In this case, the CA found that the trial judge’s invitation to the LA to reconsider its plan was a ‘textbook’ example in keeping with the authorities.

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Financial remedies – disclosure

H was refused an application to revoke a disclosure order made during financial remedy proceedings. He had already delayed matters significantly having unsuccessfully challenged the court’s jurisdiction to hear the divorce petition.

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Children – threshold

The judge in care proceedings erred in finding that the threshold was not crossed and he should not have summarily dismissed the proceedings. In this case, the LA successfully appealed a summary dismissal of care proceedings.

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Divorce – recognition of foreign divorce

M unsuccessfully appealed the recognition of a divorce in Dubai. W was a British citizen and H was French. At issue was whether their divorce before the Dubai courts should be recognised by the English courts; also whether the English courts had jurisdiction to make orders under the CA 1989 in respect of their child.

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Adoption – parental consent

The LA applied for a care order and a placement for adoption order in relation to a 16-month-old girl (JN). At the time of the hearing, the parents were opposed to both orders though they had previously been agreeable to the child being placed with the paternal grandmother. They then changed their positions again and withdrew their opposition to the making of the orders and the judge made it clear to them that he was going to make the orders sought by the LA.

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Children – placement

The trial judge made an order transferring an eight-year-old boy’s home from his M and maternal grandmother to the home of F and his new partner. This was on the basis that continuing his placement with M and the grandmother would cause him emotional harm. It was noted that the case fell short of ‘intractable hostility’ or ‘parental alienation’.

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Divorce – habitual residence

W was not habitually resident in England and Wales because her move was not a pre-planned, purposeful relocation – she had simply changed her mind while on holiday about continuing the marriage and where she would live.

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Family – reporting restrictions

An application for a reporting restriction order was allowed because of the exceptional circumstances in relation to the parties’ son (AB) who had a medical condition.

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Children – parental orders

A government briefing paper on surrogacy and parental orders explains the revised position for single people who, until now, could not obtain a parental order.

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Children – care

A decision in a care case which had been shambolically pursued, and where neither the LA nor the courts had acted properly, was absurd – and set aside by the Court of Appeal.

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Proprietary estoppel is a remedy which prevents the legal owner of a property from asserting their strict legal right in relation to that property when it would be unconscionable to allow him to do... Read more...
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What is the court’s approach where there is an impasse with the LA regarding an important element in a care plan? In this case, the CA found that the trial judge’s invitation to the LA to... Read more...
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