Results: 35

• Public Guardian v DA (Public Guardian v BP)

  05 Oct 2018 [2018] EWCOP 26; [2019] Fam 27; [2018] 3 WLR 2017; [2018] WLR(D) 608, Ct of Protection (Baker LJ sitting as an additional High Court judge)

  Subsequent citations: 2.
  MENTAL DISORDER — Lasting powers of attorney — Validity

  POWER OF ATTORNEY — Lasting power of attorney — Validity
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  MENTAL DISORDER — Lasting powers of attorney — Validity — Validity of words used in lasting powers of attorney — Whether words directing attorney to bring about donor’s death effective — Whether appointment of multiple attorneys in LPAs valid — Mental Capacity Act 2005 (c 9), ss 9(2)(a)(3), 10, 11(7)(c)(8), 23, Sch 1, para 11

  POWER OF ATTORNEY — Lasting power of attorney — Validity — Validity of words used in lasting powers of attorney — Respective status of instructions and preferences in prescribed form — Whether instruction or preference for attorney to bring about donor’s death by euthanasia or assisted suicide effective — Whether such instruction or preference effective if contingent on change in law on euthanasia or assisted suicide — Whether restrictions preventing attorneys other than donor’s spouse from acting if spouse capable of acting effective — Whether words requiring attorney to consult third party before acting effective — Mental Capacity Act 2005 (c 9), ss 9, 10, 23(1), Sch 1, para 11

  POWER OF ATTORNEY — Lasting power of attorney — Validity — Validity of words used in lasting powers of attorney — Respective status of instructions and preferences in prescribed form — Whether instruction or preference for attorney to bring about donor’s death by euthanasia or assisted suicide effective — Whether such instruction or preference effective if contingent on change in law on euthanasia or assisted suicide — Restrictions preventing attorneys other than donor’s spouse from acting if spouse capable of acting — Whether effective — Whether words requiring attorney to consult third party before acting effective — Mental Capacity Act 2005 (c 9), ss 9, 10, 23(1), Sch 1, para 11

  1 Case considered

  1 Statute considered
• In re W (Children)

  27 Mar 2018 [2018] EWCA Civ 664; [2019] Fam 125; [2018] 3 WLR 1819; [2018] 2 FLR 748; [2018] WLR (D) 192, CA (Moylan, Peter Jackson LJJ)

  11 Feb 2019 Permission to appeal to Supreme Court refused

  Subsequent considerations : 1 neutral; most recently considered: 2022. Subsequent citations: 22.
  CHILDREN — Custody rights — Breach
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  CHILDREN — Custody rights — Breach — Children habitually resident in United States of America removed by mother to England — Father issuing proceedings under Hague Convention for children’s immediate return — Whether children being placed in “intolerable situation” if returned without mother — Child Abduction and Custody Act 1985 (c 60), s 1(2), Sch 1, art 13(b)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered
• In re S (A Child) (Child Parent: Adoption Consent)

  02 Nov 2017 [2017] EWHC 2729 (Fam); [2019] Fam 177; [2018] 2 WLR 1029; [2018] 2 FLR 111; [2018] 1 FCR 74; [2017] WLR (D) 726, Fam D (Cobb J)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 3.
  ADOPTION — Child parent — Capacity to consent to adoption
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  ADOPTION — Child parent — Capacity to consent to adoption — Mother with learning difficulties aged under 16 — Mother wishing to give baby up for adoption — Local authority applying for placement order — Whether mother competent to give consent to placement and/or adoption — Approach to be taken to determination of capacity — Children Act 1989 (c 41), s 20 — Adoption and Children Act (c 38), s 21(2)

  ADOPTION — Child parent — Capacity to consent to adoption — Mother aged under 16 — Whether competent to consent to her child being accommodated by local authority — Whether competent to consent to child’s placement for adoption and to adoption — Applicable principles — Children Act 1989 (c 41), s 20 — Adoption and Children Act 2002 (c 38), s 21(2) — Mental Capacity Act 2005 (c 9), ss 1(3), 3(2)

  4 Case(s) considered

  3 Statutes considered

• M v W (Secretary of State for Health intervening)

  12 Feb 2019 [2019] EWHC 648 (Fam); [2019] Fam 414; [2019] 3 WLR 1; [2019] WLR(D) 205, Fam D (Theis J)

  Subsequent citations: 2.
  CHILDREN — Parentage — Declaration of status
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  CHILDREN — Parentage — Declaration of status — IVF treatment with donor sperm provided to mother and same-sex partner as couple — Child born to applicant mother — Fertility clinic’s internal consent form signed before change in law permitting mother’s female partner to become parent — Whether such consent form valid consent — Whether declaration of parentage to be made in respect of mother’s female partner — 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), Sch 11, para 97)) — Human Fertilisation and Embryology Act 2008 (c 22), ss 43, 44

  CHILDREN — Parentage — Declaration of status — IVF treatment with donor sperm provided to mother and same-sex partner as couple — Child born to mother — Fertility clinic’s internal consent form signed before change in law permitting mother’s female partner to become parent — Whether such consent form valid consent — Whether declaration of parentage to be made in respect of mother’s female partner — 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 Fertilisation and Embryology Act 2008 (c 22), ss 43, 44

  3 Case(s) considered

  2 Statutes considered
• In re B (A Child)

  30 Jan 2019 B (A Child), In re [2019] EWCA Civ 29; [2019] Fam 389; [2019] 3 WLR 324; [2019] 2 FLR 117; [2019] WLR (D) 283, CA (Sir Andrew McFarlane P, King, Coulson LJJ)

  Subsequent considerations : 1 positive. Subsequent citations: 4.
  CHILDREN — Adoption — Contact order

  ADOPTION — Adoption order — Contact
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  CHILDREN — Adoption — Contact order — Birth parents permitted direct contact with child until after placement order for adoption made — Prospective adopters seeking adoption order — Birth parents applying for limited post-adoption direct contact — Prospective adopters opposing application as matter for their discretion — Whether contact to be ordered — Correct approach to post-adoption contact following introduction of new statutory regime — Best practice — Adoption and Children Act 2002 (c 38) (as amended by Children and Families Act 2014 (c 6), s 9(1)), ss 51A, 51B

  ADOPTION — Adoption order — Contact — Birth parents applying for order requiring prospective adopters to allow them to have post-adoption contact with child — Prospective adopters opposing application — Whether contact to be ordered against wishes of adopters — Whether unusual circumstances required before doing so — Adoption and Children Act 2002 (c 38), s 51A (as inserted by Children and Families Act 2014 (c 6), s 9(1))

  ADOPTION — Adoption order — Contact — Birth parents applying for order requiring prospective adopters to allow them to have post-adoption contact with child — Prospective adopters opposing application — Whether contact to be ordered against wishes of adopters — Whether contact against wishes of adopters to be ordered only in extremely unusual circumstances — Adoption and Children Act 2002 (c 38), s 51A (inserted by Children and Families Act 2014 (c 6), s 9(1))

  3 Case(s) considered

  1 Statute considered

• IQ v JP

  04 Oct 2018 (Case C-478/17); EU:C:2018:812; EU:C:2018:552; [2019] Fam 562; [2019] 1 WLR 3574; [2019] 1 FLR 335; [2018] WLR(D) 516, ECJ (President of Chamber JL da Cruz Vilaça, Judges E Levits, A Borg Barthet, M Berger, F Biltgen, Advocate General M Wathelet)

  Subsequent citations: 2.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children

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

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in civil matters
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  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children — Children living with mother in United Kingdom — Father residing in Romania — Mother applying to Romanian court for custody and ancillary relief — Romanian court giving decision on parental responsibility — Mother then applying to United Kingdom court for restraining order and subsequently for determination of custody — Whether United Kingdom court “better placed” to determine case — Council Regulation (EC) No 2201/2003, art 15(1)

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Orders with respect to children — Proceedings concerning parental responsibility of children commenced in two member states — Courts of both member states having jurisdiction as to substance of matter on different grounds — Whether court first seised having power to transfer proceedings to court having jurisdiction as to substance — Council Regulation (EC)No 2201/2003, art 15(1)

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Orders with respect to children — Proceedings concerning parental responsibility of children commenced in two member states — Courts of both member states having jurisdiction as to substance of matter on different grounds — Whether court first seised having power to transfer proceedings to other court — Council Regulation (EC) No 2201/2003, art 15(1)

  EUROPEAN UNION — Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction in matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 15 — Transfer to a court better placed to hear the case — Scope — Article 19 — Lis pendens

  1 Case considered

  1 EU Enactment considered
• Akhter v Khan (Attorney General intervening) (Attorney General v Akhter)

  31 Jul 2018 [2018] EWFC 54; [2019] Fam 247; [2019] 2 WLR 771; [2019] 1 FLR 575; [2018] WLR (D) 526, Fam Ct (Williams J)

  14 Feb 2020 [2020] EWCA Civ 122; [2021] Fam 277; [2020] 2 WLR 1183; [2020] 2 FLR 139; [2020] WLR (D) 95, CA (Sir Terence Etherton MR, King, Moylan LJJ)

  06 Aug 2020 (appn dis) [2020] 1 WLR 4007, SC(E) (Lady Black, Lord Briggs, Lord Kitchin JJSC)

  Subsequent considerations : 2 positive; most recently considered: 2020. Subsequent citations: 10.
  MARRIAGE — Validity — Void marriage
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  MARRIAGE — Validity — Void marriage — Islamic marriage ceremony not complying with statutory requirements — Parties subsequently living as married couple for many years — Whether presumption that parties undergoing valid marriage ceremony during years of cohabitation — Whether Islamic ceremony giving rise to void marriage or wholly invalid marriage — Whether jurisdiction to grant decree of nullity — Matrimonial Causes Act 1973 (c 18), s 11(a)(iii) (as amended by Marriage Act 1983 (c 32), s 12(1), Marriage (Prohibited Degrees of Relationship) Act 1986 (c 16), s 6(4) and Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (SI 2014/3168), Sch 1, para 6(2))

  MARRIAGE — Validity — Void marriage — Islamic marriage ceremony not complying with statutory requirements — Whether giving rise to void marriage or no marriage at all — Whether jurisdiction to grant decree of nullity — Marriage Act 1949 (12, 13 & 14 Geo 6, c 76), s 49 — Matrimonial Causes Act 1973 (c 18), s 11 — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 12, Pt II, art 1 — United Nations Convention on the Rights of the Child (1989) (Cm 1976), art 3.1

  4 Case(s) considered

  3 Statutes considered

  1 International Agreement considered

• In re S (A Child)

  29 Oct 2018 [2018] EWHC 3054 (Fam); [2019] Fam 169; [2019] 2 WLR 753; [2018] WLR(D) 710, Fam Ct (Damian Garrido QC sitting as a deputy High Court judge)

  Subsequent citations: 1.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children

  CONFLICT OF LAWS — High Court accepting transfer of care proceedings from Irish court — Whether Council Regulation prohibiting return of proceedings to Ireland

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Orders with respect to children
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  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children — High Court accepting transfer of care proceedings from Irish court — Mother applying for care proceedings to be returned to Ireland after change in circumstances — Whether return of proceedings to Ireland qualifying as prohibited transfer to “third court” — Whether transfer in best interests of child — Council Regulation (EC) No 2201/2003, art 15, recital 13

  CONFLICT OF LAWS — High Court accepting transfer of care proceedings from Irish court — Whether Council Regulation prohibiting return of proceedings to Ireland

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Orders with respect to children — High Court accepting transfer of care proceedings from Irish court — Mother applying for care proceedings to be returned to Ireland after change in circumstances — Whether transfer in best interests of child — Whether to be made — Council Regulation (EC) No 2201/2003, recital (13), art 15

  1 EU Enactment considered

• In re G (Children) (Jurisdiction: Presence in England and Wales) (Re AG and AB (Children))

  28 Feb 2018 [2018] EWHC 381 (Fam); [2019] Fam 1; [2018] 3 WLR 1679; [2018] 2 FLR 439; [2018] WLR (D) 352, Fam D (Baker J)

  CHILDREN — Orders with respect to children — Prohibited steps order
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  CHILDREN — Orders with respect to children — Prohibited steps order — Prohibited steps order preventing mother returning from England to Canada with children — Order discharged on basis children not habitually resident in England and Wales and Canadian courts having jurisdiction — Whether presence of children in England conferring jurisdiction under Council Regulation if rival jurisdiction not member state — Whether residual jurisdiction under national law if Council Regulation not engaged — Family Law Act 1986 (c 55) (as amended by European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (SI 2005/265), regs 8(2), 10, Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (SI 2010/1898), reg 1(2), Sch, para 5(b) and Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (SI 2005/3336), art 5), ss 2(1)(b), 3(1) — Council Regulation (EC) No 2201/2003, arts 8, 13, 14

  CHILDREN — Orders with respect to children — Prohibited steps order — Prohibited steps order forbidding mother to return to Canada with children — Order discharged on basis children not habitually resident in England and Wales and Canadian courts having jurisdiction — Whether presence of children in England conferring jurisdiction under Council Regulation if rival jurisdiction not member state — Whether residual statutory jurisdiction under national law — Family Law Act 1986 (c 55) (as amended by European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (SI 2005/265), regs 8(2), 10, Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (SI 2010/1898), reg 1(2), Sch 1, para 5(b) and Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (SI 2005/3336), art 5), ss 2(1)(b), 3(1) — Council Regulation (EC) No 2201/2003, arts 8, 13, 14

  CHILDREN — Orders with respect to children — Prohibited steps order — Order forbidding mother to return to Canada with children — Order discharged on basis children not habitually resident in England and Wales and Canadian courts having jurisdiction — Whether presence of children in England conferring jurisdiction under Council Regulation if rival jurisdiction not member state — Whether residual statutory jurisdiction under national law — Family Law Act 1986 (c 55) (as amended by European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (SI 2005/265), regs 8(2), 10, Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (SI 2010/1898), regs 1(2), 17, Sch , para 5(b) and Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (SI 2005/3336), art 5), ss 2(1)(b), 3(1) — Council Regulation (EC) No 2201/2003, arts 8, 13, 14

  2 Case(s) considered

  1 EU Enactment considered

  1 Statute considered
• Thum v Thum

  21 Oct 2016 [2016] EWHC 2634 (Fam); [2016] 4 WLR 171; [2016] WLR (D) 573, Fam D (Mostyn J)

  12 Jul 2018 [2018] EWCA Civ 624; [2019] Fam 226; [2019] 2 WLR 127; [2019] 1 FLR 380; [2018] WLR (D) 444, CA (King, Richards, Moylan LJJ)

  Subsequent considerations : 1 positive. Subsequent citations: 4.
  MARRIAGE — Divorce — Service
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  MARRIAGE — Divorce — Service — Wife issuing divorce petition in High Court but petition not served forthwith — Husband issuing petition in Germany prior to service of wife’s petition — Whether delay in service constituting failure to take required steps necessary for issuing court to remain seised — CPR r 7.5 — FPR r 7.8 — Council Regulation (EC) No 2201/2003, art 16

  MARRIAGE — Divorce — Service — Wife issuing divorce petition in High Court but petition not served forthwith — Husband issuing petition in Germany prior to service of wife’s petition — Whether continuing and immediate obligation to serve petition “as soon as possible” or “as soon as practicable” — Whether delay in service constituting failure to take required steps necessary for issuing court to remain seised — FPR r 7.8 — Council Regulation (EC) No 2201/2003, art 16(1)(a)

  MARRIAGE — Divorce — Service — Wife issuing divorce petition in High Court but petition not served forthwith — Husband issuing petition in Germany prior to service of wife’s petition — Whether wife failing to take “steps … required … to have service effected” on husband — Whether High Court deemed to have been seised when wife’s petition issued — FPR r 7.8 — Council Regulation (EC) No 2201/2003, art 16(1)(a)

  4 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered

  2 Statutory Instruments considered