Results: 12

• University Hospitals Birmingham NHS Foundation Trust v Thirumalesh, decd (University Hospitals Birmingham NHS Foundation Trust v ST, A NHS Trust v ST)

  25 Aug 2023 [2023] EWCOP 40, Ct of Protection (Roberts J)

  29 Sep 2023 [2023] EWCOP 43, Ct of Protection (Peel J)

  31 Jul 2024 [2024] EWCA Civ 896; [2025] Fam 25; [2025] 2 WLR 19; [2025] 1 All ER 1119; [2024] WLR(D) 362, CA (King, Singh, Baker LJJ)

  Subsequent citations: 9.
  MENTAL CAPACITY — Court of Protection — Capacity to make decisions

  PRACTICE — Family proceedings — Anonymity

  MENTAL CAPACITY — Capacity to make decisions — Medical treatment
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  Case index catchwords

  MENTAL CAPACITY — Court of Protection — Capacity to make decisions — Adult patient suffering from chronic degenerative disease with no known cure — Treating clinicians recommending move to palliative care — Patient refusing to accept prognosis and wishing to explore experimental treatments overseas — NHS Foundation Trust seeking declaration patient lacking capacity to make decisions about treatment — Whether lack of “belief” in medical diagnosis and prognosis inevitably leading to conclusion patient lacking capacity to make decisions as to medical treatment — Whether patient lacking capacity — Mental Capacity Act 2005 (c 9), s 3

  PRACTICE — Family proceedings — Anonymity

  MENTAL CAPACITY — Capacity to make decisions — Medical treatment — Treating clinicians considering adult patient terminally ill and recommending move to palliative care — Patient refusing to believe clinicians’ prognosis — Whether patient lacking capacity to make decisions as to medical treatment — Whether lack of belief in medical consensus inevitably leading to conclusion patient unable to “understand” and/or “use or weigh” information relevant to decisions — Mental Capacity Act 2005 (c 9), ss 2, 3

  5 Case(s) considered

  1 Statute considered
• Z v S

  08 Nov 2024 [2024] EWHC 2837 (Fam); [2025] Fam 11; [2025] 2 WLR 357; [2025] 1 FLR 913; [2024] WLR(D) 488, Fam D (Cobb J)

  Subsequent considerations : 1 neutral; most recently considered: 2025. Subsequent citations: 2.
  CHILDREN — Orders with respect to children — Adoption orders

  ADOPTION — Adoption order — Child resident abroad
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  Case index catchwords

  CHILDREN — Orders with respect to children — Adoption orders — Applicant seeking adoption orders in respect of teenage nieces brought from Pakistan — Applicant already having guardianship order made by court in Pakistan — Whether nieces brought into country for “purpose of adoption” — Adoption and Children Act 2002 (c 38), ss 46, 51, 83(1)(a) — Adoption with a Foreign Element Regulations 2005 (SI 2005/392), regs 3–9

  ADOPTION — Adoption order — Child resident abroad — Applicant applying to adopt nieces in United Kingdom having brought them from Pakistan to live with her — Whether applicant subject to Regulations applying to adoptions with foreign element — Whether nieces brought into United Kingdom “for the purpose of adoption” — Adoption and Children Act 2002 (c 38), s 83(1)(a)

  1 Statute considered

  1 Statutory Instrument considered

• In re K (Children)

  28 Feb 2025 [2025] EWHC 450 (Fam); [2025] Fam 137; [2025] 3 WLR 111; [2025] 2 FLR 664; [2025] WLR(D) 157, Fam D (Garrido J)

  Subsequent citations: 2.
  CHILDREN — Inherent jurisdiction — Return orders

  CHILDREN — Inherent jurisdiction — Return order
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  Case index catchwords

  CHILDREN — Inherent jurisdiction — Return orders — Children arriving in UK unaccompanied by parents — Local authority seeking orders under inherent jurisdiction for return of children to parents in France — Whether permissible to implement return order pending resolution of children’s asylum claims — Nationality, Immigration and Asylum Act 2002 (c 41), s 77 — Immigration Rules, paras 328, 329 — Council Directive 2005/85/EC, art 7(1) — Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906), art 33(1)

  CHILDREN — Inherent jurisdiction — Return order — Local authority applying for return orders in respect of child asylum seekers — Whether permissible to implement return orders pending resolution of children’s asylum claims — Council Directive 2005/85/EC, art 7(1) — Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906), art 33(1)

  5 Case(s) considered

  1 EU Enactment considered

  1 Statute considered

  1 Statutory Instrument considered

  1 International Agreement considered

• KL v BA

  27 Jan 2025 [2025] EWHC 102 (Fam); [2025] Fam 193; [2025] 3 WLR 233; [2025] 2 FLR 400; [2025] WLR(D) 61, Fam D (Debra Powell KC sitting as a deputy High Court judge)

  Subsequent citations: 2.
  CHILDREN — Parental responsibility — Father
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  Case index catchwords

  CHILDREN — Parental responsibility — Father — Unmarried couple registering birth of child — Putative father named on child’s birth certificate not biological father — Putative father seeking child arrangements order — Mother applying for declaration of non-parentage — Whether putative father having or retaining parental responsibility as consequence of registration as child’s father — Whether order removing parental responsibility required — Whether necessary to conduct welfare analysis before making order ending parental responsibility — Children Act 1989 (c 41), s 4 — Family Law Act 1986 (c 55), s 55A

  CHILDREN — Parental responsibility — Father — Man registered as child’s father when neither married to nor in civil partnership with mother — Whether acquiring parental responsibility by virtue of registration if not in fact child’s biological father — Births and Deaths Registration Act 1953 (1 & 2 Eliz 2, c 20), s 10(1) — Children Act 1989 (c 41), s 4

  7 Case(s) considered

  4 Statutes considered

• In re R (Children)

  30 Oct 2024 [2024] EWCA Civ 1296; [2025] Fam 67; [2025] 2 WLR 141; [2025] 4 All ER 218; [2025] 1 FLR 1225; [2024] WLR(D) 474, CA (Moylan, Peter Jackson, Elisabeth Laing LJJ)

  18 Dec 2024 (appn dis) [2025] 1 WLR 1419, SC(E) (Lord Briggs, Lord Burrows, Lord Stephens JJSC)

  Subsequent citations: 5.
  CHILDREN — Custody rights — Abduction
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  Case index catchwords

  CHILDREN — Custody rights — Abduction — Father seeking summary return of children to France — Mother refusing to accompany children to France if return order made — Correct approach to assessment of likelihood of parent not returning — Whether grave risk to children of harm or otherwise placing in intolerable situation if returned — Whether children to be returned — Child Abduction and Custody Act 1985 (c 60), Sch 1, art 13(b)

  CHILDREN — Custody rights — Abduction — Mother asserting she would not accompany children if their summary return to France ordered — Whether return would expose children to physical or psychological harm or otherwise place them in intolerable situation — Proper approach to assessing likelihood of parent not returning — Child Abduction and Custody Act 1985 (c 60), Sch 1, art 13(b)

  3 Case(s) considered

  1 Statute considered

• Lord Chancellor v 79 Divorced Couples

  19 Dec 2024 [2024] EWHC 3211 (Fam); [2025] Fam 175; [2025] 2 WLR 1245; [2025] 2 FLR 471; [2025] WLR(D) 25, Fam D (Sir Andrew McFarlane P, Judge Lynn Roberts sitting as a High Court judge)

  MARRIAGE — Divorce — Final order of divorce

  MARRIAGE — Divorce — Final order
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  Case index catchwords

  MARRIAGE — Divorce — Final order of divorce — Validity — Applications for conditional orders of divorce to be made final — Due to system error applications processed one day earlier than permitted by statute — Status of final orders and marriages in affected cases — Whether final decrees void or voidable — Matrimonial Causes Act 1973 (c 18), s 3(1) — Family Law Act 1986 (c 55), s 55(1)(c)

  MARRIAGE — Divorce — Final order — Applications for divorce orders made one day before expiration of period required by statute — Whether subsequent final divorce orders rendered void or voidable by non-compliance with such requirement — Matrimonial Causes Act 1973 (c 18), s 3(1)

  9 Case(s) considered

  3 Statutes considered
• Tickle v Surrey County Council

  19 Dec 2024 [2024] EWHC 3330 (Fam), Fam D (Williams J)

  24 Jan 2025 [2025] EWCA Civ 42; [2025] Fam 105; [2025] 2 WLR 714; [2025] 2 FLR 506; [2025] WLR(D) 45; Press summary, CA (Sir Geoffrey Vos MR, King, Warby LJJ)

  Subsequent considerations : 1 positive; most recently considered: 2025. Subsequent citations: 10.
  CHILDREN — Court’s inherent jurisdiction — Restriction on publication

  PRACTICE — Anonymity order — Judge
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  Case index catchwords

  CHILDREN — Court’s inherent jurisdiction — Restriction on publication

  PRACTICE — Anonymity order — Judge — Journalists seeking disclosure of documents relating to historic care and private law family proceedings relating to children — Court of own motion making anonymity order prohibiting publication of names of judges in those proceedings — Whether court having such jurisdiction — Whether open justice principle applying to family proceedings — Special position of judges as regards open justice — Administration of Justice Act 1960 (8 & 9 Eliz 2, c 65), s 12 — Senior Courts Act 1981 (c 54), s 37 — Children Act 1989 (c 41), s 97 — Human Rights Act 1998 (c 42), s 6, Sch 1, Pt I, arts 2, 3, 8

  8 Case(s) considered

  4 Statutes considered

• In re E (A Child)

  16 Apr 2025 [2025] EWCA Civ 470; [2025] Fam 149; [2025] 3 WLR 85; [2025] 4 All ER 118; [2025] 2 FLR 421; [2025] WLR(D) 231, CA (Underhill, Baker, Elisabeth Laing LJJ)

  Subsequent citations: 1.
  CHILDREN — Care proceedings — Interim supervision order

  CHILDREN — Care proceedings — Direction to investigate
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  Case index catchwords

  CHILDREN — Care proceedings — Interim supervision order — Direction to local authority to conduct investigation — Orders made in respect of children not subject of proceedings — Whether judge entitled to make orders — Children Act 1989 (c 41), ss 37, 38

  CHILDREN — Care proceedings — Interim supervision order — Court’s statutory powers to direct local authority to investigate circumstances of child and make interim supervision order in respect of child — Such powers available in family proceedings where question arising “with respect to the welfare of any child” — Whether exercisable in respect of child not subject to proceedings — Whether judge required to give notice to parents of child — Children Act 1989 (c 41), ss 37, 38

  CHILDREN — Care proceedings — Direction to investigate — Court’s statutory powers to direct local authority to investigate circumstances of child and make interim supervision order — Such powers available in family proceedings where question arising with respect to welfare of “any child” — Whether exercisable in respect of child not subject to proceedings — Children Act 1989 (c 41), ss 37, 38

  6 Case(s) considered

  1 Statute considered

• FG v IJ (In re AB (A child))

  21 Mar 2024 [2024] EWHC 586 (Fam); [2025] Fam 1; [2024] 3 WLR 881; [2024] WLR(D) 162, Fam D (Sir Andrew McFarlane P)

  CHILDREN — Parentage — Declaration of status

  CHILDREN — Orders with respect to children — Parental order
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  Case index catchwords

  CHILDREN — Parentage — Declaration of status — Adoption — Mother and father in United States adopting child carried by another woman in surrogacy arrangement — Adoption automatically recognised in England and Wales — Parents applying for parental order — Effect of requirement that adopted child to be treated in law as “born to” parents — Whether precluding court from making necessary finding that child carried by non-applicant and thus precluding making of parental order — Adoption and Children Act 2002 (c 38), ss 66(1)(d), 67(1) — Human Fertilisation and Embryology Act 2008 (c 22), s 54(1)(a)

  CHILDREN — Orders with respect to children — Parental order — Child born pursuant to surrogacy agreement subsequently adopted — Whether court empowered to make parental order in favour of adoptive parents — Whether precluded by statutory provision that adopted child to be “treated in law as if born as child of adopters” — Adoption and Children Act 2002 (c 38), s 67(1) — Human Fertilisation and Embryology Act 2008 (c 22), s 54(1)(a)

  CHILDREN — Orders with respect to children — Parental order — Child born pursuant to surrogacy agreement subsequently adopted — Whether court empowered to make parental order in favour of adoptive parents — Whether precluded by statutory requirement that adopted child be “treated in law as if born as child of the adopters” — Adoption and Children Act 2002 (c 38), s 67(1) — Human Fertilisation and Embryology Act 2008 (c 22), s 54(1)(a)

  3 Case(s) considered

  2 Statutes considered
• P v Q (P v Q and F (Child: Legal Parentage), P v Q (Declaration of Parentage))

  19 Apr 2024 [2024] EWFC 85 (B); [2024] 2 FLR 1178, Fam Ct (Gwynneth Knowles J)

  26 Jul 2024 [2024] EWCA Civ 878; [2025] Fam 85; [2025] 2 WLR 75; [2024] 2 FLR 1201, CA (Peter Jackson, Nicola Davies, Arnold LJJ)

  Subsequent considerations : 1 neutral; most recently considered: 2025. Subsequent citations: 4.
  CHILDREN — Parentage — Declaration as to status — Applicant mother seeking declaration that same-sex partner not legal parent of child — Uncertainty whether child conceived by artificial or natural insemination — Whether same-sex partner consenting to natural insemination — Whether same-sex partner to be treated as parent of child — Family Law Act 1986 (c 55), s 55A — Human Fertilisation and Embryology Act 2008 (c 22), s 42

  CHILDREN — Declaration of parentage — Burden of proof
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  Case index catchwords

  CHILDREN — Parentage — Declaration as to status — Applicant mother seeking declaration that same-sex partner not legal parent of child — Uncertainty whether child conceived by artificial or natural insemination — Whether same-sex partner consenting to natural insemination — Whether same-sex partner to be treated as parent of child — Family Law Act 1986 (c 55), s 55A — Human Fertilisation and Embryology Act 2008 (c 22), s 42

  CHILDREN — Declaration of parentage — Burden of proof — Woman in same-sex marriage conceiving child following artificial and natural insemination by same man — Impossible to determine if conception occurring as result of artificial or natural insemination — Application for declaration that man parent of child — Whether burden on applicant to prove child conceived by natural insemination — Whether woman and her wife presumed to be child’s only parents — Family Law Act 1986 (c 55), ss 55A, 58 — Human Fertilisation and Embryology Act 2008 (c 22), ss 34, 42

  8 Case(s) considered

  2 Statutes considered