Results: 17

• Fletcher v Fletcher

  21 Jan 1985 [1985] Fam 92; [1985] 2 WLR 985; [1985] 2 All ER 260, DC

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  HUSBAND AND WIFE — Justices — Appeal from
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  HUSBAND AND WIFE — Justices — Appeal from — Remission of arrears — Periodical payments order made by justices — Husband's application for variation and remission of arrears — Parties living on supplementary benefit — Justices reducing amounts and remitting half arrears — Whether jurisdiction to remit arrears on appeal by originating motion — Whether proper to make substantial maintenance order — Domestic Proceedings and Magistrates' Courts Act 1978, s 29(1) — Magistrates' Courts Act 1980, ss 95, 111

  2 Case(s) considered
• Lawrence v Lawrence

  12 Jul 1984 [1985] Fam 106; [1985] 2 WLR 86; [1985] 1 All ER 506, Fam D

  19 Mar 1985 [1985] Fam 106; [1985] 3 WLR 125; [1985] 2 All ER 733, CA

  Subsequent considerations : 1 negative. Subsequent citations: 4.
  HUSBAND AND WIFE — Nullity — Foreign decree, validity
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  HUSBAND AND WIFE — Nullity — Foreign decree, validity — Capacity to marry — Brazilian woman granted decree of divorce in Nevada — Decree not recognised in Brazil — Subsequent marriage in Nevada to petitioner having English domicile — Matrimonial home established in England — Whether wife having capacity to marry

  5 Case(s) considered
• Allen v Allen (1984)

  25 Jun 1984 [1985] Fam 8; [1985] 2 WLR 65; [1985] 1 All ER 93, Fam D

  Subsequent considerations : 2 negative. Subsequent citations: 3.
  HUSBAND AND WIFE — Justices — Appeal from
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  HUSBAND AND WIFE — Justices — Appeal from — Remission of arrears — Periodical payments order registered in magistrates' court — Husband's application for variation and for remission of arrears — Refusal by justices to vary or to remit arrears — Whether jurisdiction to remit arrears on appeal by originating motion — Maintenance Orders Act 1958, ss 3(2), 4(7) — Magistrates' Courts Act 1980, s 95 — RSC, Ord 55, r 7

  1 Statute considered

  1 Statutory Instrument considered

• In re St Michael and All Angels, Great Torrington

  18 Feb 1985 [1985] Fam 81; [1985] 2 WLR 857; [1985] 1 All ER 993, Ct of Eccl CR

  Subsequent citations: 2.
  ECCLESIASTICAL LAW — Faculty — Appeal
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  ECCLESIASTICAL LAW — Faculty — Appeal — Refusal of faculty by consistory court — Insufficient weight given to support for faculty — Whether discretion wrongly exercised — Confirmatory faculty sought for retention of items introduced into church — Items replacing articles forming part of memorial — Relevant considerations — Proper order

  3 Case(s) considered

• Chaudhary v Chaudhary

  (pet dis) [1985] 2 WLR 375c, HL(E)

  31 Jul 1984 [1985] Fam 19; [1985] 2 WLR 350; [1984] 3 All ER 1017, CA

  Subsequent citations: 14.
  HUSBAND AND WIFE — Divorce — Foreign decree, recognition of
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  HUSBAND AND WIFE — Divorce — Foreign decree, recognition of — Talaq divorce — Pakistani nationals acquiring domicile of choice in England — Husband travelling to Kashmir to pronounce talaq — Talaq pronounced in Kashmir having legal effect in Pakistan — Whether talaq “judicial or other proceedings” recognised in United Kingdom — Whether recognition to be refused as contrary to public policy — Recognition of Divorces and Legal Separations Act 1971, ss 2(a), 8(2)(b) (as amended by Domicile and Matrimonial Proceedings Act 1973, ss 2(4), 15(2))

  1 Case considered

  1 Words & Phrases considered

• A-R v Avon County Council

  18 Oct 1984 [1985] FLR 252, Crown Ct (Judge Sir Ian Lewis)

  24 Apr 1985 [1985] Fam 150; [1985] 3 WLR 311; [1985] 2 All ER 981, Fam D (Reeve and Waterhouse JJ)

  Subsequent citations: 1.
  CHILDREN AND YOUNG PERSONS — Care proceedings — Appeal to Crown Court
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  CHILDREN AND YOUNG PERSONS — Care proceedings — Appeal to Crown Court — Juvenile court excluding parents from representing child — Child represented by guardian ad litem — No appeal by guardian ad litem — Appeal by parents — Whether Crown Court having jurisdiction to hear appeal — Whether parents having right to appeal on behalf of child — Children and Young Persons Act 1969, s 32A(1) (inserted by Children Act 1975, s 64) — Magistrates' Courts (Children and Young Persons) Rules 1970, r 14A(1) (as amended by Magistrates' Courts (Children and Young Persons) (Amendment) Rules 1976, Sch, r 5)

  1 Case considered

  1 Statute considered

  1 Statutory Instrument considered
• In re Y (Minors) (Adoption: Jurisdiction)

  28 Jun 1985 [1985] Fam 136; [1985] 3 WLR 601; [1985] 3 All ER 33, Fam D

  Subsequent considerations : 2 neutral. Subsequent citations: 2.
  ADOPTION — Jurisdiction of court — Applicants resident abroad
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  ADOPTION — Jurisdiction of court — Applicants resident abroad — Married couple applying to adopt wife's children — Requirement that local authority see all parties together in home environment — Whether applicants having “home” in area of local authority — Children Act 1975, s 9(3)

  3 Case(s) considered

  1 Words & Phrases considered

• In re M (A Minor) (Wardship: Jurisdiction)

  09 Nov 1984 [1985] Fam 60; [1985] 2 WLR 811; [1985] 1 All ER 745, CA

  CHILDREN AND YOUNG PERSONS — Care proceedings — Guardian ad litem

  CHILDREN AND YOUNG PERSONS — Child in care — Wardship
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  Case index catchwords

  CHILDREN AND YOUNG PERSONS — Care proceedings — Guardian ad litem — Duties of solicitor representing guardian — Magistrates' Courts (Children and Young Persons) Rules 1970, r 14A(6)(d) (as amended by Magistrates' Courts (Children and Young Persons) (Amendment) Rules 1984, r 2, Sch, para 2)

  CHILDREN AND YOUNG PERSONS — Child in care — Wardship — Local authority proposing long-term fostering and termination of access with view to adoption — Mother commencing wardship proceedings — Jurisdiction of High Court — Whether wardship jurisdiction to be exercised having regard to magistrates' powers — Children Act 1975, s 14 (as amended by Adoption Act 1976 (Commencement) Order 1983, Sch 2, para 8) — Child Care Act 1980, ss 12B, 12C (as added by Health and Social Services and Social Security Adjudications Act 1983, s 6, Sch 1, para 1)

  2 Case(s) considered

  1 Statutory Instrument considered

• L v K

  29 Jan 1985 [1985] Fam 144; [1985] 3 WLR 202; [1985] 1 All ER 961, Fam D

  Subsequent citations: 2.
  AFFILIATION — Affiliation order — Boy under 14
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  Case index catchwords

  AFFILIATION — Affiliation order — Boy under 14 — Boy alleged to be putative father — Presumption of criminal law that boy under 14 incapable of sexual intercourse — Whether applicable to affiliation proceedings

  1 Case considered

• In re St Mary’s, Aldermary

  16 Feb 1985 [1985] Fam 101; [1985] 3 WLR 396; [1985] 2 All ER 445, Const Ct

  Subsequent citations: 3.
  ECCLESIASTICAL LAW — Ecclesiastical property — Churchyard
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  Case index catchwords

  ECCLESIASTICAL LAW — Ecclesiastical property — Churchyard — Licence over consecrated churchyard — Licence to provide escape route in event of fire for occupiers of adjacent property — Relevant considerations — Whether priest-in-charge competent to grant licence — Proper parties

  1 Case considered