Results: 28

• In re J (An Adult) (Deprivation of Liberty: Safeguards)

  10 Feb 2015 [2015] EWCOP 5; [2015] Fam 291; [2015] 3 WLR 683; [2015] WLR (D) 64, Ct of Protection (Baker J)

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  MENTAL DISORDER — Incapable person — Deprivation of liberty
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  Case index catchwords

  MENTAL DISORDER — Incapable person — Deprivation of liberty — Local authority placing elderly incapacitated person in residential home despite her objection — Local authority failing to comply with deprivation of liberty safeguards — Whether unlawful deprivation of liberty — Extent of duty on local authority to ensure person lacking capacity able to challenge deprivation of liberty — Whether relevant person’s representative eligible, properly selected and appointed — Whether independent mental capacity advocate properly selected and appointed — Human Rights Act 1998, s 6, Sch 1, Pt I, art 5 — Mental Capacity Act 2005 (as amended by Mental Health Act 2007, ss 50, 56, Sch 7, para 1, Sch 9, paras 2, 6), ss 21A, 39D, 40(1)(b), Sch A1, para 140 — Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006, reg 6 — Mental Capacity (Deprivation of Liberty: Appointment of Relevant Persons Representative) Regulations 2008, reg 3

  3 Case(s) considered

  2 Statutes considered

  2 Statutory Instruments considered
• In re E (A Child) (Care Order: Change of Care Plan) (A Father v SBC, D (A Child))

  23 May 2014 [2014] EWFC 6; [2015] Fam 145; [2014] 3 WLR 1733; [2015] LGR 24; [2014] WLR (D) 246, Fam Ct (Baker J)

  09 Jun 2014 [2014] EWFC B77, Fam Ct (Judge Marshall)

  Subsequent considerations : 1 positive. Subsequent citations: 8.
  CHILDREN — Care order — Care plan
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  CHILDREN — Care order — Care plan — Child living with parents under care order — Local authority seeking removal of child from parents in proposed change of care plan — Parent seeking discharge of care order and injunction to prevent local authority removing child — Whether parent entitled to injunction to prevent breach of family’s Convention rights — Guidance as to measures to be taken by local authorities and court in similar cases — Children Act 1989 (as amended by Adoption and Children Act 2002, s 139, Sch 3, para 63), ss 17(1), 31, 33, 39, 50 — Human Rights Act 1998, s 8, Sch 1, Pt I, art 8

  4 Case(s) considered

  2 Statutes considered

• In re Warren

  06 Mar 2014 [2014] EWHC 602 (Fam); [2015] Fam 1; [2014] 3 WLR 1310; [2014] 2 FLR 1284; [2014] WLR (D) 135, Fam D (Hogg J)

  Subsequent citations: 9.
  MEDICAL PRACTITIONER — Medical treatment — Human fertilisation
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  MEDICAL PRACTITIONER — Medical treatment — Human fertilisation — Wife seeking to extend storage period for deceased husband’s gametes — Regulations requiring donor’s written consent to storage in excess of ten years and medical opinion that he “is . . . or is likely to be prematurely infertile” — Clinic failing to give husband relevant information to enable him to consent to extended storage — Medical opinion as to husband’s likely premature infertility only provided after his death — Whether regulations to be read and given effect in way compatible with wife’s Convention right to respect for family life — Whether medical opinion as to husband’s likely infertility could be provided after his death — Whether wife entitled to declaration that storage beyond ten years lawful — Human Fertilisation and Embryology Act 1990 (as amended by Human Fertilisation and Embryology (Quality and Safety) Regulations 2007, reg 16 and Human Fertilisation and Embryology Act 2008, ss 15, 66, Sch 8, Pt 1, para 1), s 14(1)(3)(5), Sch 3, para 3(1) — Human Rights Act 1998, s 3, Sch 1, Pt I, art 8 — Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009 (as amended by Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Amendment) Regulations 2009 reg 2(4)(6)), regs 4, 7

  1 Case considered

  1 Words & Phrases considered

  2 Statutes considered

  1 Statutory Instrument considered

• In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt)

  29 Jan 2015 [2015] EWCOP 3; [2015] Fam 239; [2015] 3 WLR 190; [2016] 1 All ER 71; [2015] WLR (D) 42, Ct of Protection (Hayden J)

  Subsequent citations: 6.
  MENTAL DISORDER — Court of Protection — Jurisdiction
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  MENTAL DISORDER — Court of Protection — Jurisdiction — Contempt of court — Declaration as to residence made in best interests proceedings concerning incapacitous adult — Removal of incapacitous adult from jurisdiction in deliberate defiance of declaration — Whether power to commit for contempt of court — Whether parens patriae wardship principle applying — Mental Capacity Act 2005, ss 15, 16, 47(1), 48

  3 Case(s) considered

  1 Statute considered
• In re X (A Child) (Parental Order: Time Limit) (In re X (A Child) (Surrogacy: Time limit))

  03 Oct 2014 [2014] EWHC 3135 (Fam); [2015] Fam 186; [2015] 2 WLR 745; [2015] 1 FLR 349; [2014] WLR (D) 410, Fam D (Sir James Munby P)

  Subsequent considerations : 11 positive; 2 neutral. Subsequent citations: 31.
  CHILDREN — Orders with respect to children — Parental order
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  Case index catchwords

  CHILDREN — Orders with respect to children — Parental order — Couple domiciled in United Kingdom entering into surrogacy arrangement in India — Couple jointly applying for parental order after expiry of six-month time limit — Whether jurisdiction to consider application — Human Rights Act 1998, Sch 1, Pt I, art 8 — Human Fertilisation and Embryology Act 2008, s 54(3)

  5 Case(s) considered

  2 Statutes considered
• Gohil v Gohil (No 2)

  [2012] EWHC 2897 (Fam), Fam D (Moylan J)

  13 Mar 2014 [2014] EWCA Civ 274; [2015] Fam 89; [2014] 3 WLR 717; [2015] 1 FLR 178; [2014] 2 FCR 455; [2014] WLR (D) 126; [2014] Fam Law 1103, CA

  12 Nov 2014 (appn all) [2014] 1 WLR 4325, SC(E)

  14 Oct 2015 [2015] UKSC 61; [2016] AC 849; [2015] 3 WLR 1085; [2016] 1 All ER 685; [2015] 2 FLR 1289; [2015] 3 FCR 497; The Times, 3 November 2015; [2015] WLR (D) 407; [2015] Fam Law 1459; Case details, SC(E)

  Subsequent considerations : 2 positive; 2 neutral. Subsequent citations: 25.
  HUSBAND AND WIFE — Financial provision — Disclosure of material facts
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  HUSBAND AND WIFE — Financial provision — Disclosure of material facts — Parties reaching agreement regarding financial provision — Agreement embodied in consent order recording wife’s belief husband not providing full and frank disclosure — Wife applying to set aside order on basis of material non-disclosure — Husband convicted of money-laundering and fraud — Judge permitting fresh evidence to be adduced and setting aside part of order — Relevance of principles applicable on application to Court of Appeal to introduce fresh evidence at appellate stage — Whether mere existence of fresh evidence of sufficient quality to justify reception into court process justifying setting aside part of order — Correct approach to application to setting aside final order because of material non-disclosure — Whether need for fact-finding hearing on issue of non-disclosure — Whether judge’s order correct

  6 Case(s) considered
• In re B (A Child) (Wrongful Removal: Orders against Non-Parties)

  20 Jun 2014 [2014] EWCA Civ 843; [2015] Fam 209; [2015] 2 WLR 392; [2015] 1 All ER 230; [2014] WLR (D) 283, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 4.
  CHILDREN — Family proceedings — Evidence

  CHILDREN — Orders with respect to children — Penal notice

  INJUNCTION — Jurisdiction to grant — Passport order
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  Case index catchwords

  CHILDREN — Family proceedings — Evidence — Child wrongfully removed from jurisdiction — Judge ordering 16-year-old half-brother to attend court, give evidence and disclose documents — Penal notice attached to order — Judge failing to balance half-brother’s welfare interests as child against need to take evidence from him — Whether order to be set aside — Judge finding evidence not candid — Whether procedural irregularity in order for attendance at court under threat of imprisonment rendering finding unjust

  CHILDREN — Orders with respect to children — Penal notice — Order against child to attend court and produce documents — Order endorsed with penal notice — Whether wrong in principle to attach penal notice to order against child

  INJUNCTION — Jurisdiction to grant — Passport order — Child wrongfully removed from jurisdiction — Judge making order endorsed with penal notice requiring child’s grandparents and minor half-brother to lodge passports with court — Whether proper to make passport order for purpose of causing pressure to be applied to child’s mother to return child — Whether to be set aside — Whether wrong in principle to attach penal notice to order against person too young to be imprisoned or detained for contempt of court

  4 Case(s) considered

• In re G (A Child) (Same-sex Relationship: Family Life Declaration) (L v C)

  02 May 2014 [2014] EWFC 1; [2015] Fam 133; [2015] 1 WLR 826; [2014] WLR (D) 188, Fam Ct (Peter Jackson J)

  Subsequent citations: 1.
  HUMAN RIGHTS — Respect for family life — Declaration
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  Case index catchwords

  HUMAN RIGHTS — Respect for family life — Declaration — Applicant in failed same-sex relationship seeking declarations as to existence of psychological parenthood and shared family life with her former partner’s child — Whether declaration as to psychological parenthood appropriate — Whether court having jurisdiction to make free-standing declaration as to existence of shared family life — Human Rights Act 1998, s 7, Sch 1, Pt I, art 8

  1 Case considered

  1 Statute considered
• In re A (A Child) (Financial Provision: Wealthy Parent)

  10 Dec 2014 [2014] EWCA Civ 1577; [2015] Fam 277; [2015] 3 WLR 48; [2014] WLR (D) 529, CA

  16 Apr 2015 Permission to appeal to Supreme Court refused

  Subsequent considerations : 1 positive. Subsequent citations: 4.
  CHILDREN — Financial provision — Very wealthy parent
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  Case index catchwords

  CHILDREN — Financial provision — Very wealthy parent — Mother seeking financial provision for benefit of child from very wealthy father — Whether father to be permitted to avoid disclosing details of financial situation by indicating ability to meet any order which court made — Whether principles of compensation and sharing relevant to application for financial provision for child — Whether needs of carer at conclusion of child’s dependency relevant — Whether level of provision to be based on nature of child’s home environment — Children Act 1989, Sch 1, para 1(2)

  4 Case(s) considered

  1 Statute considered
• E v B

  01 Oct 2014 (Case C-436/13); [2015] Fam 162; [2014] 3 WLR 1750; [2014] WLR (D) 405; EU:C:2014:2246, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 11.
  CHILDREN — Custody rights — Jurisdiction

  EUROPEAN UNION — Reference for a preliminary ruling — Area of freedom, security and justice
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  Case index catchwords

  CHILDREN — Custody rights — Jurisdiction — Prorogation of jurisdiction — Child born in Spain to Spanish father and British mother — Mother bringing child to live in United Kingdom — Spanish court confirming custody and access agreement signed by parents — Spanish court having prorogued jurisdiction — Mother seeking to vary terms of agreement and to transfer prorogued jurisdiction to England — Whether prorogation of jurisdiction ceasing following final judgment in Spanish proceedings — Whether English court having jurisdiction — Council Regulation (EC) No 2201/2003, arts 8(1), 12(3)

  EUROPEAN UNION — Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 2201/2003 — Articles 8, 12 and 15 — Jurisdiction in matters of parental responsibility — Proceedings relating to the custody of a child habitually resident in the Member State of residence of his mother — Prorogation of jurisdiction in favour of a court of the Member State of residence of the father — Scope

  1 EU Enactment considered