Results: 25

• Payne v Payne

  13 Feb 2001 [2001] EWCA Civ 166; [2001] Fam 473; [2001] 2 WLR 1826; [2001] 1 FLR 1052, CA

  Subsequent considerations : 1 positive; 2 neutral; 1 negative. Subsequent citations: 64.
  CHILDREN — Removal from jurisdiction — Permanent removal
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  Case index catchwords

  CHILDREN — Removal from jurisdiction — Permanent removal — Mother with residence order applying to remove child permanently from jurisdiction — Father cross-applying for residence order — Whether presumption in favour of custodial parent — Whether father's right to family life infringed — Whether interests of child paramount — Children Act 1989, s 13(1)(b) — Human Rights Act 1998, Sch 1, Pt I, art 8

  2 Case(s) considered

  2 Statutes considered

• Harris v Harris

  21 Jun 2001 [2001] Fam 502; [2001] 3 WLR 765; [2001] 2 FLR 955, Fam D (Munby J)

  08 Nov 2001 [2001] EWCA Civ 1645; [2002] Fam 253; [2002] 2 WLR 747; [2002] 1 All ER 185; [2002] 1 FLR 248, CA

  Subsequent citations: 5.
  CONTEMPT OF COURT — Sentence — Civil contempt
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  Case index catchwords

  CONTEMPT OF COURT — Sentence — Civil contempt — Suspension of sentence — Applicant committed for ten months' imprisonment after repeated breaches of order — Application to purge contempt after three months — Whether jurisdiction to order discharge on terms that remainder of term be suspended

  3 Case(s) considered
• W v W (Physical Inter-sex)

  10 Oct 2000 [2001] Fam 111; [2001] 2 WLR 674; [2001] 1 FLR 324, Fam D (Charles J)

  Subsequent considerations : 1 neutral. Subsequent citations: 4.
  HUSBAND AND WIFE — Nullity — Capacity to marry
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  Case index catchwords

  HUSBAND AND WIFE — Nullity — Capacity to marry — Gender — Wife registered as male at birth thereafter living as female — Whether female for purposes of marriage — Factors to be taken into account when determining gender — Matrimonial Causes Act 1973, s 11(c)

  2 Case(s) considered

  1 Statute considered
• In re Crawley Green Road Cemetery, Luton

  02 Dec 2000 [2001] Fam 308; [2001] 2 WLR 1175, Const Ct

  Subsequent considerations : 2 positive. Subsequent citations: 7.
  ECCLESIASTICAL LAW — Faculty — Municipal cemetery
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  Case index catchwords

  ECCLESIASTICAL LAW — Faculty — Municipal cemetery — Disinterment — Deceased and his widow having no Christian allegiance — Burial after humanist funeral in consecrated part of municipal cemetery — Widow unaware that ground consecrated — Widow moving house — Widow petitioning for faculty to move cremated remains to unconsecrated ground in cemetery local to her — Whether medical reasons pertaining to petitioner established — Whether refusal of faculty incompatible with petitioner's rights of freedom of thought, conscience and religion — Human Rights Act 1998, s 6, Sch 1, Pt I, art 9

  2 Case(s) considered

  1 Statute considered
• Jones v Jones (Periodical Payments)

  29 Jun 2000 [2001] Fam 96; [2000] 3 WLR 1505; [2000] 2 FLR 307; [2000] 2 FCR 201; The Times, 11 April 2000, CA (Dame Elizabeth Butler-Sloss P, Thorpe and Mance LJJ)

  Subsequent considerations : 2 positive; most recently considered: 2021. Subsequent citations: 3.
  HUSBAND AND WIFE — Financial provision — Periodical payments order
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  Case index catchwords

  HUSBAND AND WIFE — Financial provision — Periodical payments order — Variation — Consent order specifying term of periodical payments — No direction precluding wife from seeking extension of term of order — Wife's application for extension before expiry of term — Whether jurisdiction to vary order after expiry of term — Matrimonial Causes Act 1973, ss 28(1A), 31(1) (as inserted and amended by Matrimonial and Family Proceedings Act 1984, ss 5(2), 6)

  2 Case(s) considered

  1 Statute considered
• NHS Trust A v M (NHS Trust B v H)

  25 Oct 2000 [2001] Fam 348; [2001] 2 WLR 942; [2001] 1 All ER 801; [2001] 2 FLR 367, Fam D (Dame Elizabeth Butler-Sloss P)

  Subsequent considerations : 1 neutral. Subsequent citations: 18.
  MEDICAL PRACTITIONER — Medical treatment — Withdrawal of feeding
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  Case index catchwords

  MEDICAL PRACTITIONER — Medical treatment — Withdrawal of feeding — Patient in permanent vegetative state — Maintenance of life by artificial feeding — Whether withdrawal of artificial feeding deliberate deprivation of life — Whether inhuman or degrading treatment — Human Rights Act 1998, Sch 1, arts 2, 3, 8

  1 Case considered

  1 Statute considered
• Venables v News Group Newspapers Ltd (Thompson v News Group Newspapers Ltd)

  08 Jan 2001 [2001] Fam 430; [2001] 2 WLR 1038; [2001] 1 All ER 908; [2001] 1 FLR 791; [2001] EWHC QB 32 (Bailii), Fam D (Dame Elizabeth Butler-Sloss P)

  Subsequent considerations : 4 positive; 2 neutral. Subsequent citations: 74.
  CONFIDENTIAL INFORMATION — Disclosure — Injunction
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  Case index catchwords

  CONFIDENTIAL INFORMATION — Disclosure — Injunction — Claimants convicted of murder when children — Possible danger to claimants' lives and safety if identified following release from detention — Claimants on attaining majority seeking injunctions to restrain publication of confidential information relating to their identity, whereabouts and appearance — Whether jurisdiction to grant — Whether injunction to be granted — Human Rights Act 1998, s 12, Sch 1, Pt I, arts 2, 3, 8, 10

  7 Case(s) considered

  1 Statute considered

• In re B-J (A Child) (Non-molestation Order: Power of Arrest)

  27 Jun 2000 [2001] Fam 415; [2001] 2 WLR 1660; [2000] 2 FLR 443, CA (Peter Gibson and Hale LJJ)

  Subsequent citations: 3.
  INJUNCTION — Domestic violence — Power of arrest
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  Case index catchwords

  INJUNCTION — Domestic violence — Power of arrest — Non-molestation order of indefinite duration — Power of arrest attached of shorter duration than order — Whether non-molestation orders ordinarily to be made for specified period — Whether jurisdiction to attach power of arrest of shorter duration than order — Family Law Act 1996, ss 42(5)(7), 47(2)(4)(5)

  1 Case considered

  1 Statute considered
• In re Durrington Cemetery

  05 Jun 2000 [2001] Fam 33; [2000] 3 WLR 1322, Const Ct

  Subsequent considerations : 2 positive. Subsequent citations: 10.
  ECCLESIASTICAL LAW — Faculty — Municipal cemetery
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  Case index catchwords

  ECCLESIASTICAL LAW — Faculty — Municipal cemetery — Disinterment — Deceased of Jewish faith — Burial in 1981 in municipal cemetery to enable wife to visit grave — Wife moving to Australia — Deceased's relatives wishing to reinter body in Jewish cemetery — Whether freedom of religious practice relevant consideration — Whether faculty for exhumation to be granted — Convention for the Protection of Human Rights and Fundamental Freedoms (1953), art 9

  2 Case(s) considered

  1 International Agreement considered

• In re K (A Child) (Secure Accommodation Order: Right to Liberty)

  15 Nov 2000 [2001] Fam 377; [2001] 2 WLR 1141; [2001] 2 All ER 719; [2001] 1 FLR 526, CA

  Subsequent citations: 25.
  CHILDREN — Child in care — Secure accommodation order
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  Case index catchwords

  CHILDREN — Child in care — Secure accommodation order — Child in care of local authority in secure accommodation under continuing interim court orders — Psychiatric reports finding continuing risk to others — Whether unlawful deprivation of liberty — Whether incompatible with human rights legislation — Children Act 1989, s 25 — Human Rights Act 1998, Sch 1, Pt I, art 5

  2 Case(s) considered

  2 Statutes considered