Results: 14

• A v B

  18 May 2021 [2021] EWFC 45; [2022] Fam 163; [2022] 2 WLR 617; [2022] 1 FLR 804; [2021] WLR(D) 345, Fam Ct (Cobb J)

  ADOPTION — Adoption order — Adoption by one person
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  Case index catchwords

  ADOPTION — Adoption order — Adoption by one person — Unmarried couple having two children together via sperm donor — Older child adopted by non-biological parent but parties separating before younger child adopted — Parties continuing to parent children jointly — Whether non-biological parent able to apply to adopt younger child — Whether non-biological parent “partner” of biological parent — Whether parents “living as partners in an enduring family relationship” — Human Rights Act 1998 (c 42), s 3, Sch 1, Pt I, art 8 — Adoption and Children Act 2002 (c 38), ss 1(1)(2), 51(2), 144

  3 Case(s) considered

  2 Statutes considered

• Potanin v Potanina

  08 Nov 2019 [2019] EWHC 2956 (Fam); [2020] Fam 189; [2020] 2 WLR 311; [2020] 1 FLR 616; [2019] WLR (D) 632, Fam D (Cohen J)

  13 May 2021 [2021] EWCA Civ 702; [2022] Fam 23; [2021] 3 WLR 967; [2021] 2 FLR 1457; [2021] WLR(D) 279; The Times, 15 June 2021, CA (King, David Richards, Moylan LJJ)

  27 May 2022 (appn all) [2022] 1 WLR 3877, SC(E) (Lord Reed PSC, Lord Leggatt, Lord Stephens JJSC)

  Subsequent citations: 3.
  MARRIAGE — Divorce — Financial provision
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  Case index catchwords

  MARRIAGE — Divorce — Financial provision — Russian court dissolving parties’ marriage and ordering financial provision for wife — Wife applying to English court for financial relief — Whether appropriate for English court to order financial relief — Whether court entitled to dismiss wife’s application on ground of lack of connection with England and Wales — Matrimonial and Family Proceedings Act 1984 (c 42), s 16 (as amended by Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (SI 2011/1484), Sch 7, para 10) — Council Regulation (EC) No 4/2009

  MARRIAGE — Divorce — Financial provision — Wife seeking leave to apply for financial relief following overseas divorce — Judge granting leave at without notice hearing — Proper approach to husband’s application to set aside grant of leave — Matrimonial and Family Proceedings Act 1984 (c 42), s 13(1), 16 — FPR rr 8.25, 18.11

  5 Case(s) considered

  1 EU Enactment considered

  1 Statute considered

  1 Statutory Instrument considered

• A Local Authority v C (Secretary of State for Justice v A Local Authority)

  26 Apr 2021 [2021] EWCOP 25; [2021] 1 WLR 5689; [2021] WLR(D) 289, Ct of Protection (Hayden J)

  22 Oct 2021 (Institute of Registered Case Managers intervening) [2021] EWCA Civ 1527; [2022] Fam 265; [2021] 3 WLR 1425; [2022] 3 All ER 812; [2022] 1 Cr App R 9; [2021] WLR(D) 540, CA (Lord Burnett of Maldon CJ, King, Baker LJJ)

  Subsequent citations: 3.
  CRIME — Sexual offences — Causing or inciting person with mental disorder to engage in sexual activity
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  CRIME — Sexual offences — Causing or inciting person with mental disorder to engage in sexual activity — Adult with mental disorder wishing to contact sex worker in order to engage in sexual activity — Adult having capacity to engage in sexual relations and to decide to have contact with sex worker — Whether adult’s carers committing offence by facilitating such contact — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14 — Sexual Offences Act 2003 (c 42), s 39

  1 Case considered

  2 Statutes considered

• Hasan v Ul-Hasan, decd

  02 Jul 2021 [2021] EWHC 1791 (Fam); [2022] Fam 1; [2021] 3 WLR 989; [2022] 1 FLR 1033; [2021] WLR(D) 370, Fam D (Mostyn J)

  30 Mar 2022 (appn all) [2022] 1 WLR 2296, SC(E) (Lord Briggs, Lord Stephens, Lady Rose JJSC)

  MARRIAGE — Divorce — Financial provision
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  Case index catchwords

  MARRIAGE — Divorce — Financial provision — Wife applying for financial relief following overseas divorce — Husband dying prior to adjudication of application — Whether application constituting “cause of action” surviving against estate — Law Reform (Miscellaneous Provisions) Act 1934 (24 & 25 Geo 5, c 41), s 1 — Matrimonial Causes Act 1973 (c 18), ss 23, 24, 25 — Matrimonial and Family Proceedings Act 1984 (c 42), ss 17, 18(3)

  10 Case(s) considered

  1 Words & Phrases considered

  3 Statutes considered
• In re M (A Child)

  26 Mar 2021 [2021] EWCA Civ 442; [2022] Fam 53; [2021] 3 WLR 1203; [2021] 2 FLR 992; [2021] WLR(D) 209, CA (Peter Jackson, Baker, Elisabeth Laing LJJ)

  Subsequent considerations : 1 neutral; most recently considered: 2021. Subsequent citations: 1.
  CHILDREN — Care proceedings — Special guardianship orders
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  CHILDREN — Care proceedings — Special guardianship orders — Court making special guardianship order in favour of child’s grandparents — Mother applying for leave to make application to discharge special guardianship order and for contact — Proper test on application for such leave — Whether contact order capable of co-existing with special guardianship order — Children Act 1989 (c 41), ss 14A, 14C, 14D

  3 Case(s) considered

  1 Statute considered
• Abbasi v Newcastle upon Tyne Hospitals NHS Foundation Trust (Thomas v King’s College Hospital NHS Foundation Trust)

  23 Jun 2021 [2021] EWHC 1699 (Fam); [2022] Fam 180; [2022] 2 WLR 465; [2022] 1 FLR 348; [2021] WLR(D) 373, Fam D (Sir Andrew McFarlane P)

  Subsequent considerations : 1 neutral. Subsequent citations: 8.
  CHILDREN — Court’s inherent jurisdiction — Restriction on publication
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  Case index catchwords

  CHILDREN — Court’s inherent jurisdiction — Restriction on publication — Open-ended reporting restriction orders made in end of life cases prohibiting publication of names of NHS staff involved in treatment of children — Parents applying to revoke or be released from orders after death of children — Whether High Court having jurisdiction to review orders — Proper approach to such review — Human Rights Act 1998 (c 42), s 6, Sch 1, Pt I, arts 8, 10

  3 Case(s) considered

  1 Statute considered

• E v Northern Care Alliance NHS Foundation Trust (F v Somerset NHS Foundation Trust)

  [2021] EWHC 2123 (Fam), Fam D

  [2021] EWHC 2715 (Fam), Fam D

  14 Dec 2021 [2021] EWCA Civ 1888; [2022] Fam 130; [2022] 2 WLR 395; [2022] 1 FLR 1255; [2021] WLR(D) 627, CA (Sir Andrew McFarlane P, Peter Jackson, Nicola Davies LJJ)

  04 Aug 2022 (appn dis) [2022] 1 WLR 4239, SC(E) (Lord Reed PSC, Lord Sales, Lord Stephens JJSC)

  Subsequent citations: 5.
  CHILDREN — Court’s inherent jurisdiction — Medical treatment
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  Case index catchwords

  CHILDREN — Court’s inherent jurisdiction — Medical treatment — Competent child refusing consent to blood transfusion on religious grounds — Whether court to grant declaration under inherent jurisdiction authorising transfusion if necessary to prevent serious injury or death — Proper approach to exercise of court’s discretion — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 2, 3, 8, 9

  11 Case(s) considered

  1 Statute considered
• In re S (Children) (GC v AS)

  11 Jan 2021 [2021] EWHC 14 (Fam), Fam D (Mostyn J)

  13 Aug 2021 [2021] EWCA Civ 1223; [2022] Fam 237; [2022] 2 WLR 275; [2022] 1 FLR 186; [2021] WLR(D) 452, CA (Moylan, Baker, Stuart-Smith LJJ)

  Subsequent considerations : 1 negative; most recently considered: 2021. Subsequent citations: 6.
  CHILDREN — Inherent jurisdiction — Orders with respect to children

  CHILDREN — Inherent jurisdiction — Parens patriae
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  CHILDREN — Inherent jurisdiction — Orders with respect to children

  CHILDREN — Inherent jurisdiction — Parens patriae — Judge refusing mother’s application for return of British children from Libya to England — Mother subsequently applying for judge’s order to be set aside and for case to proceed under High Court’s inherent parens patriae jurisdiction — Whether subsequent application abuse of process — Whether change of circumstances necessary for setting aside of judge’s order — Whether exercise of inherent jurisdiction appropriate — FPR PD 12D, PD 12F

  3 Case(s) considered

  1 Statutory Instrument considered

• In re TT (Children)

  20 May 2021 [2021] EWCA Civ 742; [2022] Fam 213; [2021] 3 WLR 1249; [2022] 1 FLR 211; [2021] WLR(D) 298, CA (King, Peter Jackson, Nicola Davies LJJ)

  Subsequent citations: 1.
  CHILDREN — Care order — Application to discharge
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  Case index catchwords

  CHILDREN — Care order — Application to discharge — Mother applying to discharge care order — Test to be applied on discharge application — Children Act 1989 (c 41), ss 1, 31(2), 39

  4 Case(s) considered

  1 Statute considered

• In re L (In re M)

  06 May 2022 [2022] EWFC 38; [2022] Fam 315; [2022] 3 WLR 467; [2022] WLR(D) 248, Fam Ct (Cobb J)

  Subsequent citations: 2.
  CHILDREN — Declaration of parentage — Adoption
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  Case index catchwords

  CHILDREN — Declaration of parentage — Adoption — Adult adopted as child seeking declaration of parentage in respect of birth father — Whether jurisdiction to make such declaration — Whether re-registration of birth certificate permitted following such declaration — Births and Deaths Registration Act 1953 (c 20), s 14A — Family Law Act 1986 (c 55), s 55A — Adoption and Children Act 2002 (c 38), ss 46(2), 67

  5 Case(s) considered

  3 Statutes considered