Results: 32

• In re C (A Child) (International Centre for Family Law, Policy and Practice intervening)

  18 Dec 2015 [2015] EWCA Civ 1305; [2016] Fam 253; [2016] 3 WLR 1; [2017] 1 FLR 103; [2015] WLR (D) 537, CA

  Subsequent citations: 10.
  CHILDREN — Orders relating to children — Relocation
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  CHILDREN — Orders relating to children — Relocation — Mother applying to relocate within England with child — Principles applying when determining application for relocation of child — Whether different test for external and internal relocation — Children Act 1989, s 1(1)(3)

  4 Case(s) considered

  1 Statute considered

• Health Service Executive of Ireland v PA (Health Service Executive of Ireland v PB, Health Service Executive of Ireland v PC)

  03 Jun 2015 [2015] EWCOP 38; [2016] Fam 47; [2015] 3 WLR 1923; [2015] WLR (D) 243, Ct of Protection

  Subsequent citations: 7.
  MENTAL DISORDER — Court of Protection — Recognition and enforcement of foreign orders
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  MENTAL DISORDER — Court of Protection — Recognition and enforcement of foreign orders — Orders relating to compulsory psychiatric placements — Approach to be taken — Whether protective measures to be recognised and enforced — Whether grounds for refusing recognition and enforcement — Human Rights Act 1998, Sch 1, Pt I, arts 5, 6, 8 — Mental Capacity Act 2005, s 63, Sch 3, paras 4, 5, 12, 19, 24

  3 Case(s) considered

  2 Statutes considered

• Health Service Executive of Ireland v Z

  08 Apr 2016 [2016] EWHC 784 (Fam); [2016] Fam 375; [2016] 3 WLR 791; [2017] 1 FLR 1236; [2016] WLR (D) 178, Fam D (Baker J)

  Subsequent citations: 6.
  HIGH COURT — Jurisdiction — Recognition and enforcement of foreign orders
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  HIGH COURT — Jurisdiction — Recognition and enforcement of foreign orders — Irish court ordering transfer of Irish child to English hospital for treatment of severe eating disorder against her wishes but with parents’ consent — Whether High Court having power under inherent jurisdiction to make interim order for recognition and enforcement of Irish order pending registration under statutory scheme — Whether Irish order falling within scope of European legislation applicable to recognition of foreign judgments in matters of parental responsibility — Whether Irish order involving “placement in institutional care” so as to oblige prior consultation — Whether necessary for child to be represented on registration application — Whether court to grant interim order sought — Council Regulation (EC) No 2201/2003, arts 1(b), 21, 23, 56 — FPR Pt 31

  3 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered

  1 Statutory Instrument considered

• Seddon v Oldham Metropolitan Borough Council

  14 Sep 2015 [2015] EWHC 2609 (Fam); [2016] Fam 171; [2016] 2 WLR 1013; [2016] 2 FLR 87; [2015] WLR (D) 388, Fam D (Peter Jackson J)

  Subsequent citations: 3.
  ADOPTION — Adoption order — Contact
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  ADOPTION — Adoption order — Contact — Child placed for adoption following care proceedings brought by local authority — Birth mother seeking leave to apply for post-adoption contact — Whether Convention right to family life as between birth parent and child surviving making of adoption order — Whether post-adoption contact reviving or creating Convention rights as between birth parent and adopted child — Whether legislation governing post-adoption contact incompatible with Convention rights — Whether leave to be granted — Whether local authority post-adoption correspondence exchange service engaging Convention rights — Whether redaction of and refusal to forward correspondence unlawful — Human Rights Act 1998 (c 42), ss 6, 7, Sch 1, Pt I, art 8 — Adoption and Children Act 2002 (c 38) (as amended by Children and Families Act 2014 (c 6), s 9), ss 3(1), 46, 51A, 67 — Adoption Support Services Regulations 2005 (SI 2005/691), reg 3(1)(c)

  2 Statutes considered

  1 Statutory Instrument considered

• An NHS Trust v A

  23 Sep 2015 [2015] EWCOP 71; [2016] Fam 223; [2016] 3 WLR 119; [2015] WLR (D) 456, Ct of Protection (Mostyn J)

  Subsequent citations: 2.
  MENTAL DISORDER — Incapable person — Deprivation of liberty
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  MENTAL DISORDER — Incapable person — Deprivation of liberty — Detained mental health patient requiring treatment for physical disorder — Authorisation sought for investigative medical procedures at general hospital and associated physical restraint of patient — Whether patient eligible to be deprived of liberty — Whether court able to grant authorisation sought — Mental Health Act 1983, s 3 — Mental Capacity Act 2005, s 16A, Sch 1A (as inserted by Mental Health Act 2007, s 50(1)(3), Sch 8)

  1 Case considered

  2 Statutes considered
• In re N (An Adult) (Court of Protection: Jurisdiction) (ACCG v MN, N v A Clinical Commissioning Group)

  20 Nov 2013 [2013] EWHC 3859 (COP); [2014] COPLR 11; [2013] CN 1859, Ct of Protection (Eleanor King J)

  07 May 2015 [2015] EWCA Civ 411; [2016] Fam 87; [2015] 3 WLR 1585; [2015] WLR (D) 208, CA

  25 Feb 2016 (appn all) [2016] 1 WLR 1172, SC(E)

  22 Mar 2017 [2017] UKSC 22; [2017] AC 549; [2017] 2 WLR 1011; [2017] 3 All ER 719; [2017] WLR (D) 202; Case details, SC(E)

  Subsequent considerations : 1 positive. Subsequent citations: 37.
  MENTAL DISORDER — Court of Protection — Jurisdiction

  MENTAL DISORDER — Mental incapacity — Whether court should embark on contested “best interests” trial
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  MENTAL DISORDER — Court of Protection — Jurisdiction — Public authority declining to commission or fund certain services for incapacitated adult — Whether Court of Protection having jurisdiction to consider whether such services in incapacitated adult’s best interests — Whether court’s failure to do so breach of Convention rights — Human Rights Act 1998, s 7, Sch 1, Pt I, arts 6, 8 — Mental Capacity Act 2005, ss 1(5), 15, 16

  MENTAL DISORDER — Court of Protection — Jurisdiction — Public authority declining to commission or fund care package sought by parents of incapacitated adult — Parents seeking declaration from Court of Protection that such services in incapacitated adult’s best interests — Court refusing to hold best interests inquiry as serving no useful purpose given lack of power to order public authority to provide sought-after package — Whether refusal properly within court’s case management powers — Mental Capacity Act 2005 (c 9), ss 15, 16

  MENTAL DISORDER — Mental incapacity — Whether court should embark on contested “best interests” trial

  8 Case(s) considered

  2 Statutes considered
• Merton London Borough Council v B (In re CB (A Child), London Borough of Merton v LB)

  19 Dec 2014 [2014] EWHC 4532 (Fam); [2016] 1 FLR 1261; [2015] CN 948, Fam D (Moylan J)

  30 Aug 2015 (Central Authority of the Republic of Latvia intervening) [2015] EWCA Civ 888; [2016] Fam 123; [2016] 2 WLR 410; [2016] 1 FLR 1286; The Times, 6 August 2015; [2015] WLR (D) 365, CA

  08 Oct 2015 Permission to appeal to Supreme Court refused

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 12.
  CHILDREN — Care proceedings — Placement for adoption

  ADOPTION — Adoption order — Leave to oppose
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  CHILDREN — Care proceedings — Placement for adoption — Care and placement orders made — Mother seeking leave to oppose

  ADOPTION — Adoption order — Leave to oppose — Child of Latvian mother placed with prospective adopters pursuant to care and placement orders — Prospective adopters applying for adoption order — Mother applying for leave to oppose adoption order and to transfer jurisdiction to Latvia — Whether application for leave to oppose “measures preparatory to adoption” — Whether Council Regulation applying — Whether power to request Latvian courts to assume jurisdiction — Practice to be adopted by local authorities, guardians and courts in public law cases involving non-consenual adoption of nationals from other European Union member states — Adoption and Children Act 2002, ss 1(4), 47(5) — Council Regulation (EC) No 2201/2003, arts 1(3)(b), 15

  5 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered

  1 Statute considered

• Mann v Mann (No 2)

  18 Jan 2016 [2016] EWHC 314 (Fam); [2016] Fam 281; [2016] 3 WLR 67; [2017] 1 FLR 559; [2016] WLR (D) 96, Fam D (Roberts J)

  Subsequent citations: 1.
  MARRIAGE — Divorce — Financial provision

  HUSBAND AND WIFE — Divorce — Financial provision
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  MARRIAGE — Divorce — Financial provision — Enforcement — Wife seeking to enforce orders made in ancillary relief proceedings — Whether interest payable on arrears outstanding from time orders made — Whether six-year limitation on arrears of interest applying — Matrimonial Causes Act 1973, s 32 — Limitation Act 1980, ss 24(1)(2), 39

  HUSBAND AND WIFE — Divorce — Financial provision

  3 Case(s) considered

  2 Statutes considered

• Staffordshire County Council v K

  24 May 2016 [2016] EWCOP 27; [2016] Fam 419; [2016] 3 WLR 867; [2016] WLR (D) 300, Ct of Protection (Charles J)

  22 Dec 2016 [2016] EWCA Civ 1317; [2017] Fam 278; [2017] 2 WLR 1131; [2017] WLR (D) 12, CA

  Subsequent citations: 5.
  MENTAL DISORDER — Incapable person — Deprivation of liberty
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  MENTAL DISORDER — Incapable person — Deprivation of liberty — Severely injured adult lacking mental capacity to make decisions as to care and residence — Deputy appointed to manage property and affairs — Damages award used by private sector providers to provide residential property, care and support — Care regime amounting to objective deprivation of liberty — Whether deprivation of liberty to be imputed to state — Whether welfare order required to ensure lawfulness of care regime — Human Rights Act 1998, Sch 1, Pt I, art 5 — Mental Capacity Act 2005 (as amended by Mental Health Act 2007, s 50, Sch 9, para 10), ss 16, 64(5)(6)

  MENTAL DISORDER — Incapable person — Deprivation of liberty — Severely injured adult lacking mental capacity to make decisions as to care and residence — Deputy appointed to manage property and affairs — Damages award used by private sector providers to provide residential property, care and support — Care regime amounting to objective deprivation of liberty — Whether deprivation of liberty to be imputed to state — Whether welfare order required to ensure lawfulness of care regime — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5 — Mental Capacity Act 2005 (c 9) (as amended by Mental Health Act 2007 (c 12), s 50(7), Sch 9, para 10(4)), ss 16, 64(5)(6)

  9 Case(s) considered

  2 Statutes considered
• Spencer v Spencer (Anderson v Spencer)

  15 Apr 2016 [2016] EWHC 851 (Fam); [2016] Fam 391; [2016] 3 WLR 905; [2017] 2 All ER 846; [2017] 1 FLR 1204; [2016] WLR (D) 198, Fam D (Peter Jackson J)

  07 Feb 2018 [2018] EWCA Civ 100; [2019] Fam 66; [2018] 3 WLR 972; [2018] 2 FLR 547; [2018] WLR (D) 210, CA (McFarlane, King, Simon LJJ)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 8.
  CHILDREN — Parentage — DNA test
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  CHILDREN — Parentage — DNA test — Applicant seeking release of DNA sample from deceased in order to determine parentage — Whether statutory power to direct testing of DNA sample post mortem to establish parentage — Whether inherent jurisdiction to direct such testing — Whether to be exercised — Family Law Reform Act 1969, s 20 — Family Law Act 1986, s 55A (as inserted by Child Support, Pensions and Social Security Act 2000, s 83(2) and amended by Crime and Courts Act 2013, s 17, Sch 11, para 97)

  CHILDREN — Parentage — DNA test — Applicant seeking release of DNA sample from deceased in order to determine parentage — Whether statutory power to direct testing of DNA sample post mortem to establish parentage — Whether inherent jurisdiction to direct such testing — Whether to be exercised — Family Law Reform Act 1969 (c 46), s 20 — Family Law Act 1986 (c 55), s 55A (as inserted by Child Support, Pensions and Social Security Act 2000 (c 19), s 83(2) and amended by Crime and Courts Act 2013 (c 22), s 17, Sch 11, para 97) — Human Rights Act 1998, Sch 1, Pt I, art 8

  CHILDREN — Parentage — DNA test — Applicant seeking release of DNA sample from deceased in order to determine parentage — Whether statutory power to direct testing of DNA sample post mortem to establish parentage — Whether inherent jurisdiction to direct such testing — Whether to be exercised — Family Law Reform Act 1969 (c 46), s 20 — Family Law Act 1986 (c 55), s 55A (as inserted by Child Support, Pensions and Social Security Act 2000 (c 19), s 83(2) and amended by Crime and Courts Act 2013 (c 22), s 17, Sch 11, para 97) — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8

  CHILDREN — Parentage — DNA test — Applicant seeking release of DNA sample from deceased in order to determine parentage — Whether statutory power to direct testing of DNA sample post mortem to establish parentage — Whether inherent jurisdiction to direct such testing — Whether to be exercised — Family Law Reform Act 1969 (c 46), s 20(1) (as substituted by Family Law Reform Act 1987 (c 42), ss 23(1), 32) — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8

  3 Case(s) considered

  4 Statutes considered