Results: 26

• Gohil v Gohil (Crown Prosecution Service v Gohil , P v P (Financial Remedies: Disclosure))

  30 May 2012 [2012] EWHC 1733 (Fam); [2013] 1 FLR 1003, Fam D (Moylan J)

  26 Nov 2012 [2012] EWCA Civ 1550; [2013] Fam 276; [2013] 2 WLR 1123; [2013] 2 All ER 56; [2013] 1 FLR 1095; [2012] WLR (D) 351, CA

  Subsequent considerations : 1 positive. Subsequent citations: 10.
  EVIDENCE — Letters of request — Collateral use of evidence

  JUDICIAL PRECEDENT — Court of Appeal decision — Per incuriam
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  EVIDENCE — Letters of request — Collateral use of evidence — Crown Prosecution Service obtaining evidence for use in criminal proceedings pursuant to requests for assistance from overseas authorities — Party to ancillary relief proceedings seeking disclosure of evidence — Whether prohibition on use of such evidence applying to use in civil proceedings — Crime (International Co-operation) Act 2003, s 9(2)

  JUDICIAL PRECEDENT — Court of Appeal decision — Per incuriam — Previous decision of Court of Appeal failing to have regard to presumption that Parliament legislating in conformity with United Kingdom’s international obligations — Whether decision per incuriam

  4 Case(s) considered

  1 Statute considered
• A v A (Children: Habitual Residence) (Re A (Jurisdiction: Return of Child))

  26 Oct 2012 [2012] EWCA Civ 1396; [2013] Fam 232; [2013] 2 WLR 1061; [2013] 1 FLR 1041; [2012] WLR (D) 297, CA (Thorpe LJ, Rimer LJ, Patten LJ)

  09 Sep 2013 (Reunite International Child Abduction Centre intervening) [2013] UKSC 60; [2014] AC 1; [2013] 3 WLR 761; [2014] 1 All ER 827; [2014] 1 FLR 111; [2013] WLR (D) 345; Case details, SC(E)

  07 Oct 2013 [2013] EWHC 3298 (Fam); [2014] 2 FLR 244; [2013] CN 1699, Fam D (Parker J)

  07 Nov 2013 [2013] EWHC 3554 (Fam); [2014] 2 FLR 365; [2013] CN 1737, Fam D (Parker J)

  Subsequent considerations : 21 positive; 5 neutral. Subsequent citations: 206.
  CHILDREN — Custody rights — Jurisdiction

  CHILDREN — Custody rights — Nationality as basis of jurisdiction

  CHILDREN — Care proceedings — Children at high risk of emotional harm
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  CHILDREN — Custody rights — Jurisdiction — Habitual residence — Three children born in England — Father removing children from mother while family on holiday in Pakistan and keeping them there without mother’s consent — Fourth child born in Pakistan while mother forcibly detained there by father — Father thwarting mother’s attempt to bring all children to England — Mother applying to English court for order for return of children — Whether child born in Pakistan acquiring on birth habitual residence in England — Whether prior physical presence in England necessary prerequisite of finding of habitual residence — Whether court in any event having jurisdiction to order return on basis of child’s nationality — Family Law Act 1986, ss 1(1)(a)(d), 2(1), 3(1) (as amended by Children Act 1989, s 108, Sch 13, para 63(1) and European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005, regs 8(2), 10) — Council Regulation (EC) No 2201/2003, arts 1(1)(b), 8(1), 14

  CHILDREN — Custody rights — Nationality as basis of jurisdiction — Whether child to be returned

  CHILDREN — Care proceedings — Children at high risk of emotional harm — Only interim care order appropriate

  13 Case(s) considered

  1 EU Enactment considered

  1 Statute considered
• In re L (A Child) (Recognition of Foreign Order)

  21 Aug 2012 [2012] EWCA Civ 1157; [2013] Fam 94; [2013] 2 WLR 152; [2013] 1 FLR 430; [2013] 2 FCR 195; [2012] WLR (D) 252, CA (Thorpe LJ, Munby LJ, Sir Stephen Sedley)

  Subsequent considerations : 2 positive. Subsequent citations: 18.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children
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  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children — Child of British mother and Portuguese father resident in Portugal — Parents entering into agreement under which child to reside alternately with mother in United Kingdom and with father in Portugal for two months at a time — Agreement ratified by Portuguese court — Mother applying for residence order in English court during child’s first two-month period of residence in United Kingdom — Whether state of mother’s emotional and mental health at time of agreement rendering recognition of Portuguese judgment “manifestly contrary to … public policy” — Whether child “habitually resident” in United Kingdom at time of mother’s application — Council Regulation (EC) No 2201/2003, arts 8(1), 21, 23(a)

  5 Case(s) considered

  2 Words & Phrases considered

  1 EU Enactment considered
• A v A (Attorney General intervening) (MA v JA )

  27 Jul 2012 [2012] EWHC 2219 (Fam); [2013] Fam 51; [2013] 2 WLR 606; [2013] 2 FLR 68; [2012] WLR (D) 246, Fam D (Moylan J)

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  HUSBAND AND WIFE — Marriage — Declaration of marital status
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  HUSBAND AND WIFE — Marriage — Declaration of marital status — Ceremony of marriage not complying with statutory requirements — Failure to give notice to registrar — Registrar’s certificate for marriage not issued — Whether ceremony creating potentially valid marriage — Whether marriage valid — Marriage Act 1949, ss 41, 49 (as amended by Marriage Acts Amendment Act 1958, s 1(1)(a), Marriage (Registration of Buildings) Act 1990, s 1(1), Marriage Act 1994, s 1, Sch, para 3 and Immigration and Asylum Act 1999, s 169, Sch 14, para 27, Sch 16) — Matrimonial Causes Act 1973, s 11 (as amended by Marriage Act 1983, s 12 and Marriage (Prohibited Degrees of Relationship) Act 1986, s 6(4))

  2 Case(s) considered

  2 Statutes considered
• In re D (A Child) (Care Proceedings: Designated Local Authority)

  14 May 2012 [2012] EWCA Civ 627; [2013] Fam 34; [2012] 3 WLR 1468; [2012] 4 All ER 78; [2012] LGR 981; [2013] 2 FLR 673; [2012] WLR (D) 146, CA

  Subsequent considerations : 2 positive. Subsequent citations: 9.
  CHILDREN — Care proceedings — Designated local authority
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  CHILDREN — Care proceedings — Designated local authority — Child residing with mother placed in care — Mother herself child in care — Child’s ordinary residence depending on mother’s ordinary residence — Statute providing period during which child in care to be disregarded in “determining the ‘ordinary residence’ of a child for any purpose of this Act” — Whether period during which mother in care to be disregarded when determining her and her child’s ordinary residence — Children Act 1989, ss 31(8), 105(6)(c)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

• Shagroon v Sharbatly

  21 Nov 2012 [2012] EWCA Civ 1507; [2013] Fam 267; [2013] 2 WLR 1255; [2013] 1 FLR 1493; [2012] WLR (D) 337, CA (Thorpe LJ, Black LJ, Hedley J)

  29 Nov 2013 [2013] EWHC 3756 (Fam); [2014] 2 FLR 209; [2013] CN 1827, Fam D (Parker J)

  Subsequent citations: 4.
  HUSBAND AND WIFE — Financial provision — Jurisdiction

  HUSBAND AND WIFE — Financial provision — Wife seeking compensation or enforcement for breach of husband’s undertakings
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  HUSBAND AND WIFE — Financial provision — Jurisdiction — Ceremony of marriage between two Saudi Arabian nationals performed in England — Husband already married — Marriage not registered in England — Whether “marriage” — Husband pronouncing talaq divorce in Saudi Arabia — Divorce recognised in Saudi Arabia — Wife’s application for financial relief — Whether English court having jurisdiction to adjudicate on wife’s application — Matrimonial and Family Proceedings Act 1984, s 12

  HUSBAND AND WIFE — Financial provision — Wife seeking compensation or enforcement for breach of husband’s undertakings — Position where original determination lacking jurisdiction

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

• Hamilton v Hamilton

  24 Jan 2013 [2013] EWCA Civ 13; [2013] Fam 292; [2013] 2 WLR 1440; [2014] 1 FLR 55; [2013] WLR (D) 26, CA

  Subsequent citations: 4.
  HUSBAND AND WIFE — Financial provision — Lump sum award
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  Case index catchwords

  HUSBAND AND WIFE — Financial provision — Lump sum award — Consent order that wife pay husband five “lump sums” over time — Whether necessarily constituting order for payment of lump sum by instalments — Whether court having jurisdiction to construe order so as to reflect underlying agreement between parties — Whether on facts to be construed as order for payment of lump sum by instalments — Whether court having jurisdiction to vary — Matrimonial Causes Act 1973, ss 23(1)(c)(3)(c), 31(1)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered
• Iida v Stadt Ulm

  08 Nov 2012 (Case C-40/11); EU:C:2012:691; [2013] Fam 121; [2013] 2 WLR 788; [2014] All ER (EC) 619; [2012] WLR (D) 315, ECJ

  Subsequent considerations : 2 positive; 2 neutral; most recently considered: 2022. Subsequent citations: 32.
  EUROPEAN UNION — Citizenship — Right to reside
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  EUROPEAN UNION — Citizenship — Right to reside — Third country national obtaining residence permit for family reunion in Germany with German wife and child — Wife and child moving to Austria and couple separating — Husband and wife continuing to hold and exercise joint parental responsibility — Husband’s application for “residence card of a family member of a Union citizen” refused — Whether husband “family member” of Union citizen — Whether entitled as “beneficiary” to right of residence in Union citizen’s state of origin — Whether capable of deriving rights from Union citizen’s status pursuant to primary European Union law — Whether application showing connection with implementation of European Union law and requiring assessment on basis of fundamental rights — FEU Treaty, arts 20FEU, 21FEU — Charter of Fundamental Rights of the European Union, art 51 — Parliament and Council Directive 2004/38/EC, arts 2, 3

  5 Case(s) considered

  3 Words & Phrases considered

  3 EU Enactments considered
• O v Maahanmuuttovirasto (Maahanmuuttovirasto v L)

  06 Dec 2012 (Joined Cases C-356/11 and C-357/11) [2013] Fam 203; [2013] 2 WLR 1093; [2013] All ER (EC) 563; [2012] WLR (D) 371, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 13.
  EUROPEAN UNION — Citizenship — Right to reside
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  EUROPEAN UNION — Citizenship — Right to reside — Third country national women lawfully residing in member state — Union citizen children born to women and former husbands — Women marrying third country national husbands — Husbands having no parental or financial responsibility for Union citizen step-children — Third country national children born to husbands and wives — Third country nationals applying for residence permits on basis of family reunification as husbands to sponsor wives and step-fathers to Union citizens — EU Treaty provision precluding national legislation which denied Union citizens genuine enjoyment of status — Whether principle applicable — Whether principle confined to blood relationships — Factors to be taken into account by national court — FEU Treaty, art 20FEU

  2 Case(s) considered

  1 EU Enactment considered

• In re T (A Child: Art 15, Brussels II Revised)

  13 Mar 2013 [2013] EWHC 521 (Fam); [2013] Fam 253; [2013] 2 WLR 1263; [2013] 2 FLR 909; [2013] CN 428, Fam D (Mostyn J)

  11 Jun 2013 [2013] EWCA Civ 895; [2014] Fam 130; [2014] 2 WLR 1204; [2014] 1 FLR 749, CA

  Subsequent citations: 6.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Care proceedings

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Child in care
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  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Care proceedings — Child born in England to Slovakian parents — Mother having absconded from children’s home in Slovakia — English local authority commencing care proceedings in respect of child — Slovakian central authority seeking transfer of proceedings to Slovakia — Whether Council Regulation applying to public law proceedings — Principles applying when court considering whether to request transfer — Scope of “best interests” inquiry — Whether transfer to be requested — Council Regulation (EC) No 2201/2003, arts 13, 15

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children — Care proceedings — Child born in England to Slovakian parents — Mother having absconded from children’s home in Slovakia — English local authority commencing care proceedings in respect of child — Slovakian central authority seeking transfer of proceedings to Slovakia — Principles applying when court considering whether to request transfer — Scope of “best interests” inquiry — Whether transfer to be requested — Council Regulation (EC) No 2201/2003, art 15

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Child in care — Principles applying in public law cases

  8 Case(s) considered

  1 Words & Phrases considered

  2 EU Enactments considered