Results: 27

• In re B (Minors) (Residence Order)

  25 Mar 1992 [1992] Fam 162; [1992] 3 WLR 113; [1992] 3 All ER 867, CA

  Subsequent citations: 2.
  CHILDREN — Residence order — Interim order
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  Case index catchwords

  CHILDREN — Residence order — Interim order — Mother removing one of four children from father's care — Father applying ex parte for return of child and residence orders in respect of all four children — Whether jurisdiction to grant orders ex parte — Whether to be exercised — Children Act 1989, ss 9(5), 11(7) — Family Proceedings Rules 1991, r 44(4)

  1 Statute considered

  1 Statutory Instrument considered

• Garcia v Garcia

  22 May 1991 [1992] Fam 83; [1992] 2 WLR 347; [1991] 3 All ER 451; [1992] 1 FLR 256; The Times, 29 May 1991, CA (Ralph Gibson and Butler-Sloss LJJ)

  HUSBAND AND WIFE — Financial provision — Divorce proceedings
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  Case index catchwords

  HUSBAND AND WIFE — Financial provision — Divorce proceedings — Protection for respondent — Petitioner's failure to pay maintenance for son under Spanish agreement — Respondent wife's application for decree not to be made absolute — Whether court having jurisdiction to hear application — Whether appropriate procedure for recovering arrears — Matrimonial Causes Act 1973, s 10(2)(3)

  1 Case considered

  1 Statute considered
• Barry v Barry

  27 Feb 1992 [1992] Fam 140; [1992] 2 WLR 799; [1992] 3 All ER 405, Fam D

  Subsequent considerations : 1 negative. Subsequent citations: 1.
  HUSBAND AND WIFE — Financial provision — Pre-trial order
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  Case index catchwords

  HUSBAND AND WIFE — Financial provision — Pre-trial order — Release of capital — Moneys held in joint bank account pending division of matrimonial assets — Wife seeking release of capital for purchase of house conditional on property remaining asset in proceedings — Whether court having jurisdiction pending substantive hearing to order liquid asset to be transformed into realty
• In re A (Minors) (Abduction: Custody Rights)

  12 Feb 1992 [1992] Fam 106; [1992] 2 WLR 536; [1992] 1 All ER 929, CA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 15.
  CHILDREN — Custody rights — Enforcement
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  Case index catchwords

  CHILDREN — Custody rights — Enforcement — Mother removing children from Australia without father's knowledge in breach of joint custody rights — Father's letter to mother indicating intention not to contest removal of children — Father's subsequent application for children's return — Whether father “acquiesced” in removal — Whether court bound to order children's return forthwith — Child Abduction and Custody Act 1985, Sch 1, art 13

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered
• Duxbury v Duxbury (Note)

  25 Nov 1985 [1992] Fam 62; [1991] 3 WLR 639; [1990] 2 All ER 77; [1987] 1 FLR 7, CA

  Subsequent considerations : 1 positive; 3 neutral; 1 negative. Subsequent citations: 34.
  HUSBAND AND WIFE — Financial provision — Lump sum award
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  Case index catchwords

  HUSBAND AND WIFE — Financial provision — Lump sum award — Means of parties — Husband with substantial assets — Assessment of lump sum payment to wife — Wife cohabiting with younger man of limited financial resources — Whether factor to be taken into account — Matrimonial Causes Act 1973, s 25 (as substituted by Matrimonial and Family Proceedings Act 1984, s 3)

  1 Statute considered
• In re A (Minors) (Residence Orders: Leave to Apply)

  11 May 1992 [1992] Fam 182; [1992] 3 WLR 422; [1992] 3 All ER 872; 91 LGR 401, CA

  Subsequent considerations : 1 negative. Subsequent citations: 15.
  CHILDREN — Residence order — Leave to apply
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  Case index catchwords

  CHILDREN — Residence order — Leave to apply — Application by former foster mother — Children in care of local authority — Mother not notified of application — Whether leave to be granted — Children Act 1989, s 10(9)

  1 Statute considered
• Callaghan v Hanson-Fox

  19 Jun 1991 [1992] Fam 1; [1991] 3 WLR 464; [1992] 1 All ER 56; [1991] 2 FLR 519; The Times, 26 June 1991; The Independent, 20 June 1991, Fam D (Sir Stephen Brown PFD)

  Subsequent considerations : 1 positive. Subsequent citations: 7.
  HUSBAND AND WIFE — Divorce — Decree absolute
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Decree absolute — Death of party — Decree absolute granted to wife — Husband consenting to decree — Death of wife — Husband seeking to set decree aside on ground of fraud — Whether court having jurisdiction to set aside decree

  1 Case considered

• Hager v Osborne

  27 Jun 1991 [1992] Fam 94; [1992] 2 WLR 610; [1992] 2 All ER 494; [1992] 1 FLR 282; The Times, 8 July 1991; The Independent, 10 July 1991, Fam D (Ward J)

  Subsequent citations: 2.
  CHILDREN — Financial provision — Jurisdiction
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  Case index catchwords

  CHILDREN — Financial provision — Jurisdiction — Mother's affiliation complaint dismissed — Subsequent enactment of provision enabling parent to seek financial relief — Availability of new paternity tests — Mother's application for financial relief — Whether new provision retrospective — Whether mother estopped by dismissal of affiliation complaint — Whether application abuse of process — Guardianship of Minors Act 1971, s 11B (as inserted by Family Law Reform Act 1987, s 12)

  3 Case(s) considered

  1 Statute considered
• R v Oxfordshire County Council (Secure Accommodation Order)

  17 Feb 1992 [1992] Fam 150; [1992] 3 WLR 88; [1992] 3 All ER 660, Fam D

  Subsequent considerations : 1 negative. Subsequent citations: 1.
  CHILDREN — Child in care — Secure accommodation order
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  Case index catchwords

  CHILDREN — Child in care — Secure accommodation order — Justices' reasons for making secure accommodation order welfare of child — Whether order valid — Whether hearing before justices “family proceedings” — Children Act 1989, ss 8(3), 25, 92(2)

  1 Words & Phrases considered

  1 Statute considered

• Mir v Mir

  16 Oct 1991 [1992] Fam 79; [1992] 2 WLR 225; [1992] 1 All ER 765, Fam D

  Subsequent citations: 2.
  SEQUESTRATION — Enforcement — Sale of land
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  Case index catchwords

  SEQUESTRATION — Enforcement — Sale of land — Father removing ward from jurisdiction without leave in contempt of court — Writ of sequestration of father's property — Mother seeking sale of former matrimonial home to finance foreign proceedings for return of ward — Whether power to order sale of contemnor's freehold land — Supreme Court Act 1981, s 39

  2 Case(s) considered

  1 Statute considered