Results: 6

• In re F (Children) (Abduction: Rights of Custody) (AF v MB-F)

  22 Feb 2008 [2008] EWHC 272 (Fam); [2008] Fam 75; [2008] 3 WLR 527; [2008] 2 FLR 1239; [2008] 2 FCR 120, Fam D (Sir Mark Potter P)

  Subsequent citations: 2.
  CHILDREN — Custody rights — Breach
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  CHILDREN — Custody rights — Breach — Mother removing children from Poland to England — Father issuing Hague Convention proceedings for their immediate return nearly one year later — Children settled in England and objecting to return — Whether court's discretion to refuse return reduced or qualified by Council Regulation — Whether children to be returned — Child Abduction and Custody Act 1985, Sch 1, art 13 — Council Regulation (EC) No 2201/2003

  2 Case(s) considered

  1 EU Enactment considered

  1 Statute considered
• In re G (A Child) (Adoption: Placement outside Jurisdiction)

  19 Mar 2008 [2008] EWCA Civ 105; [2008] Fam 97; [2008] 3 WLR 853; [2008] 1 FLR 1484; [2008] 1 FLR 1497; [2009] 1 FCR 210, CA (Sir Mark Potter P, Wall and Lloyd LJJ)

  Subsequent considerations : 1 positive; 4 negative. Subsequent citations: 3.
  ADOPTION — Adoption order — Arrangements for adoption
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  ADOPTION — Adoption order — Arrangements for adoption — Applicants seeking parental responsibility order to enable adoption of child abroad — Provision requiring child's home to be with applicants for ten weeks prior to application — Whether satisfied where one applicant present only for three weeks during ten-week period — Requirement for applicants to obtain confirmation from “foreign authority” that child allowed to enter and reside in foreign state — Whether “foreign authority” governmental body or equivalent of adoption agency — Whether power to grant order despite applicants' failure to obtain confirmation — Whether confirmation required to be in absolute, unconditional or unqualified terms — Whether confirmation requirement satisfied — Whether order to be granted — Adoption and Children Act 2002, s 84 — Adoptions with a Foreign Element Regulations 2005, reg 10(b)(iv)

  1 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered
• Sundelind Lopez v Lopez Lizazo

  29 Nov 2007 (Case C-68/07); EU:C:2007:740; [2008] Fam 21; [2008] 3 WLR 338; [2008] 1 FLR 582, ECJ

  Subsequent considerations : 1 neutral; most recently considered: 2022. Subsequent citations: 1.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Matrimonial matters
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  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Matrimonial matters — Respondent to divorce petition not national of or resident in an EC member state — Member state of petitioner's residence having jurisdiction under Council Regulation — Whether another member state having jurisdiction under national law entitled to adjudicate — Council Regulation (EC) No 2201/2003, arts 6, 7

  1 EU Enactment considered

• C v XYZ County Council

  23 Nov 2007 [2007] EWCA Civ 1206; [2008] Fam 54; [2008] 3 WLR 445; [2008] 1 FLR 1294, CA

  Subsequent citations: 10.
  ADOPTION — Adoption order — Arrangements for adoption
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  ADOPTION — Adoption order — Arrangements for adoption — Unmarried mother deciding to place child for adoption — Mother wishing to keep child's birth secret from father and her own family — Whether court and adoption agency under duty to investigate extended family and father as potential carers — Whether order preventing disclosure of child's birth infringing family's and father's Convention rights — Human Rights Act 1998, Sch 1, Pt I, art 8 — Adoption and Children Act 2002, s 1

  2 Statutes considered

• Soulsbury v Soulsbury

  10 Oct 2007 [2007] EWCA Civ 969; [2008] Fam 1; [2008] 2 WLR 834; [2008] 1 FLR 90, CA

  Subsequent citations: 9.
  HUSBAND AND WIFE — Financial provision — Agreement
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  HUSBAND AND WIFE — Financial provision — Agreement — Husband ordered to make periodical payments to wife — Parties' agreement that husband bequeath lump sum to wife if order not enforced — Court's approval of agreement not sought — Husband dying intestate — Whether agreement void as agreement to oust jurisdiction of court — Whether enforceable

  4 Case(s) considered

• Proceedings brought by C

  27 Nov 2007 (Case C-435/06); EU:C:2007:714; [2008] Fam 27; [2008] 3 WLR 419; [2008] 1 FLR 490, ECJ

  Subsequent citations: 20.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Taking child into care
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  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Taking child into care — Swedish court ordering children to be taken into care and placed with foster family — Mother taking children to Finland — Finnish police taking children into care and handing over to Swedish authorities — Mother challenging decision in Finnish court — Council Regulation on jurisdiction and enforcement applying to “civil matters relating to … parental responsibility” — Whether taking child into care matter relating to parental responsibility — Whether “civil matter” — Whether civil matters including public law acts — Whether single judicial decision ordering child be taken into care and placed outside his original home in foster family falling with scope of Regulation — Council Regulation (EC) No 2201/2003, art 1

  2 Words & Phrases considered

  1 EU Enactment considered