High Court (Family Division)

Court Imposes Care Order in Warwickshire County Council v Mother Case: Key Issue of LA's Responsibility for Children Subject to DoLs Orders

Warwickshire County Council v Mother case explores the legal intricacies surrounding care arrangements for vulnerable children under Deprivation of Liberty Orders, emphasizing judicial oversight and the significance of Care Orders in ensuring the best interests of the child.

[2024] EWHC 564 (Fam)

High Court Rules Against Summary Return in Complex International Child Abduction Case Involving Asylum Claims and Domestic Abuse Allegations

High Court case Re Y and K explores international child abduction, asylum claims, and domestic abuse in the context of court jurisdiction and child welfare. Delve into the complexities of cross-border legal issues and the paramountcy of child welfare in family law proceedings.

[2024] EWHC 555 (Fam)

Court Orders Child's Return to New Zealand Despite Mother's Art 13(b) Defense

Discover the intricacies of a cross-border child custody dispute under the 1980 Hague Convention in the case of Re PZ (A Child) (Hague Convention: Art 13(B)). Explore the court's analysis of the "grave risk" exception and the rigorous considerations determining the child's return to New Zealand.

[2024] EWHC 489 (Fam)

Court Rules that Severe Disability Does Not Constitute Deprivation of Liberty Under Article 5 ECHR

Understanding the critical case of [2024] EWHC 493 (Fam) involving a severely disabled child and the deprivation of liberty order (DoLs order). Explore the interpretation of Article 5 ECHR and the balance between state intervention and individual incapacity.

[2024] EWHC 493 (Fam)

Preventing Child Abduction: Legal Principles and Protective Measures in Z v V & Anor Case

Dive into the detailed legal analysis of Z v V & Anor case, exploring protective measures against child abduction within the family, including insights on inherent court jurisdiction, wardship, port alerts, PSOs, SIOs, and s91(14) restrictions. Discover the delicate balance struck by Mr. Justice Peel in this judicial decision.

[2024] EWHC 365 (Fam)

High Court Examines Procedural and Evidentiary Challenges in Posthumous Paternity Declaration Case

Discover the legal intricacies of a high-profile paternity case in ZS v The Estate of NJ [2024] EWHC 306 (Fam). Delve into evidence sufficiency, party representation, and court transparency considerations, highlighting pivotal outcomes and legal principles.

[2024] EWHC 306 (Fam)

Court Allows Adoption Despite Time Bar Breach: Human Rights and Best Interests Considered

Learn how the court's decision in X v X & Anor navigated statutory time limits under the Adoption and Children Act 2002, emphasizing the best interests of the child and human rights considerations. Gain insights on statutory interpretation and international adoption recognition in this landmark case.

[2024] EWHC 364 (Fam)

High Court Balances Risks and Welfare in Care Order Case for Young Child H

Learn about the legal intricacies in The Mother & Anor v Shropshire Council & Anor case, focusing on child welfare and parental rights. Explore key principles like risk assessment, parental honesty, welfare considerations, and the impact of European Convention on Human Rights (ECHR). Delve into the High Court's decision on the child's best interests and the balance between family preservation and safeguarding the child's welfare.

[2024] EWHC 344 (Fam)

High Court Rules on Withdrawal of Life-Sustaining Treatment for Two-Year-Old with Irreversible Brain Injury

A UK court rules on the withdrawal of life-sustaining treatment for a two-year-old in the case of A Hospital Trust v P & Ors [2024], citing legal principles on the best interests of the child, the presumption of preserving life, and considering parental and expert views. The court granted the Trust's application for palliative care, highlighting the intricate balance between life preservation and dignified death.

[2024] EWHC 313 (Fam)

Court Rules Local Authority Lacks Personal Interest in Parentage Dispute: Re D Case Analysis

Discover the legal complexities surrounding parentage determination in the Re D case. Explore the interpretation of key provisions such as FLRA 1969 s20 and FLA 1986 s55A, focusing on the best interests of the child and the necessity for sufficient personal interest in legal proceedings. Uncover the insightful outcomes and the court's emphasis on statutory gatekeeping to balance truth with emotional well-being.

[2024] EWHC 305 (Fam)

Court of Protection Case Considers Procedural Fairness and Active Case Management: VT v NHS Cambridgeshire And Peterborough Integrated Care Board

Explore the case of VT v NHS Cambridgeshire And Peterborough Integrated Care Board, offering insights into active case management and procedural fairness in the Court of Protection. Delve into the key legal principles and the outcomes of the appeal, highlighting the significance of evidence and fairness in decision-making processes.

[2024] EWHC 294 (Fam)

Key Issue: Jurisdictional and Welfare Considerations in International Family Law Case WB v VM

In the complex international family law case of WB v VM: EWHC-Family 2024 302, the court delves into jurisdictional intricacies and welfare considerations in a non-Hague Convention scenario, emphasizing habitual residence principles. The article explores key facts, legal principles, and outcomes with a focus on jurisdiction determination under national law.

[2024] EWHC 302 (Fam)

High Court Rules in Favor of Monaco Jurisdiction in Contested Divorce Proceedings, Orders Wife to Pay £196,000 in Costs

Discover the High Court dispute over divorce and financial proceedings' jurisdiction between Monaco and England in this insightful legal analysis. Uncover intricate details of the jurisdictional ruling and cost assessments vital in international family law cases.

[2024] EWHC 278 (Fam)

High Court Rules Against Hague Convention Return Due to Child's Risk of Harm and Parent's Mental Health

Explore the detailed analysis of a Hague Convention case involving the return of a child to the USA, navigating complexities related to parental mental health, potential harm, and legal principles applied by Justice Peel. Understand the impact on parent-child separation, refusal to return, delay effects, protective measures, and discretionary choices leading to a contact order instead of a return order.

[2024] EWHC 246 (Fam)

High Court Denies Permission for Contempt Proceedings in Collardeau v Fuchs Case

Discover the legal intricacies of contempt proceedings in family law through an analysis of Alvina Collardeau v Michael Fuchs & Anor [2024] EWHC 256 (Fam). Dive into the critical legal principles applied by Mrs Justice Knowles and the implications for initiating contempt proceedings.

[2024] EWHC 256 (Fam)

High Court case highlights balancing act between transparency and privacy in family proceedings

Learn about the High Court of Justice case concerning Re T (A Child) (No.2) and the delicate balance between party anonymity and open justice in family proceedings. Delve into the legal principles guiding the judgment publication decision and the significance of respecting privacy rights alongside freedom of expression. Discover the Court's ultimate decision to order publication with specific anonymisation measures to protect the children's privacy. Explore the nuanced approach taken to uphold transparency while safeguarding individual rights within family law disputes.

[2024] EWHC 161 (Fam)

High Court Rules Against Authority in Case of Teenager's Desire to Leave Foster Care: Limits of Inherent Jurisdiction Examined

Discover the limits of the court's inherent jurisdiction regarding a child opting to leave foster care in the Re V (A Child) case. Dive into the legal principles, key facts, outcomes, and the High Court's decision outlined by Mr. Justice Cusworth in this insightful analysis.

[2024] EWHC 133 (Fam)

High Court Decision in TRC v NS Case Explores Extensions of Time for Appeal and Necessity of Fact-Finding Hearings in Family Law

Dive into the High Court's groundbreaking TRC (Father) v NS (Mother) case, delving into family law procedural nuances, extensions of time for appeals, and implications of domestic abuse allegations. Gain insights into legal principles guiding welfare-centric decisions impacting child arrangements.

[2024] EWHC 80 (Fam)

Significant Court Case Highlights Importance of Intermediaries in Family Law Proceedings for Individuals with Communication Difficulties

In the case of West Northamptonshire Council v KA, the appointment of intermediaries in family law proceedings for parties with communication difficulties is discussed. Justice Lieven highlighted the necessity of intermediaries to uphold fair trial rights. The decision underscores the importance of tailored approaches in safeguarding fair trial rights for individuals facing communication challenges in family proceedings.

[2024] EWHC 79 (Fam)

Court Declares Withholding CPR in Best Interests of Child with Severe Disabilities: Re NR (A Child) Case Analysis

Discover the legal and ethical dimensions of withholding CPR in the case of Re NR (A Child) with severe disabilities. Learn how the court carefully considered the child's best interests and key legal principles, ultimately deciding to lawfully withhold CPR in specific circumstances, ensuring clarity for healthcare providers and parents.

[2024] EWHC 61 (Fam)

High Court Addresses Parental Alienation and Exceptional Circumstances in Child Contact Case

Discover the legal intricacies of Re T (A Child) case involving parental alienation & child arrangements post-separation. Dive into Children Act 1989 provisions, exceptional circumstances, best interests of the child, and court outcomes. Understand the delicate balance between protecting children's welfare and their autonomy in complex family law disputes.

[2024] EWHC 59 (Fam)

High Court Orders Summary Return of Abducted Child to Lithuania Under Hague Convention Following Grave Risk Claims Rejection

Learn about the key legal principles and outcomes in the significant international family law decision of Re. XZR (Abduction: Hague Convention) involving child abduction, defenses under the 1980 Hague Convention, and the imperative of prompt resolution and protection of the child's welfare.

[2024] EWHC 64 (Fam)

High Court Rules on Transfer of Jurisdiction in International Child Abduction Case

Discover the legal intricacies of jurisdiction and transfer of proceedings in international child abduction cases with insights from the B v N (No 2) case. Explore the application of the 1996 Conventions, key legal principles, and the court's decision prioritizing the child's best interests.

[2024] EWHC 17 (Fam)

High Court Considers Costs Issues in Child Return Case: MB v KB & Ors (Costs)

Delve into the High Court's approach to legal costs in the case of MB v KB & Ors (Costs) and gain insights into principles governing cost allocation in family law matters. Explore the court's application of Civil Procedure Rules and Family Procedure Rules, emphasizing equitable cost-sharing and the welfare of children.

[2023] EWHC 3299 (Fam)

Legal Analysis: Child Custody Case Highlights Impact of Parental Conduct and Judicial Discretion on Contact Arrangements

Discover the legal intricacies of child custody disputes in the recent PJ v HB [2023] EWHC 3400 (Fam) case. Explore the impact of parental conduct and non-acceptance of judicial findings on custody arrangements, emphasizing the paramount importance of the child's best interests.

[2023] EWHC 3400 (Fam)

UK High Court Rules on Habitual Residence and Protective Measures in International Child Abduction Case

Discover the detailed analysis and key outcomes of the EC v BM case involving international child abduction issues under The 1980 Hague Convention. Delve into the complexities of determining habitual residence and the application of protective measures, offering valuable insights for legal professionals and law students.

[2023] EWHC 3237 (Fam)

High Court Addresses Welfare and Liberty of Minor in Deprivation of Liberty Safeguards Case

Discover the analysis of Lancashire County Council v Claire X case in this insightful overview. Delve into the legal principles at play, including Deprivation of Liberty Safeguards, Article 5 Rights, State's Role and Accountability, and Educational Considerations. Understand the outcomes and the court's cautious yet measured approach to safeguarding the minor's welfare while upholding her rights.

[2023] EWHC 3361 (Fam)

High Court Deliberates Children's Welfare in Summary Return Case Involving Qatar

Discover the complexities of international child relocation decisions in the High Court of Justice case of MB v KB ([2023] EWHC 3177 (Fam)). Explore the intricate balance between child welfare and legal boundaries, as Deputy High Court Judge David Rees KC delves into the delicate considerations shaping the judgment.

[2023] EWHC 3177 (Fam)

Court Orders Child's Return to England in Retention Case: Key Issues on Habitual Residence and Jurisdiction

Discover a detailed analysis of the legal complexities surrounding a child's habitual residence and jurisdiction in cases of international child retention in the recent case _Re K (A Child) (Retention in non-Hague Convention State)_. Gain insights into the Court's commitment to the welfare principle and its significance in determining the best interests of the child.

[2023] EWHC 3427 (Fam)

High Court Addresses Child Abduction and Habitual Residence in Landmark Case KH v MB

In the case of KH v MB [2023] EWHC 3194 (Fam), the High Court explored child abduction, habitual residence, and parens patriae jurisdiction in the context of a child wrongfully taken to Algeria. Learn the legal nuances and welfare considerations guiding the court’s decision in this landmark case.

[2023] EWHC 3194 (Fam)

Court finds sexual abuse allegations against father substantiated in Birmingham City Council v M & Ors [2023] EWHC 3312 (Fam)

Explore the legal intricacies of Birmingham City Council v M & Ors [2023] EWHC 3312 (Fam), a case delving into allegations of sexual and physical abuse. Uncover the court's application of key legal principles, including burden of proof and welfare considerations, shaping the outcome in the best interests of the children involved.

[2023] EWHC 3312 (Fam)

Case Law Analysis: High Court Decision Upholds No Order as to Costs Principle in Hague Convention Proceedings

Learn about the key legal principles and outcomes of the D v E case involving Hague Convention proceedings before the High Court of Justice. Understand the court's analysis of costs, conduct, and litigation stance, and the impact on costs orders in children cases.

[2023] EWHC 3171 (Fam)

High Court Prioritizes Child Welfare in Complex Family Law Case Amid Domestic Abuse Allegations

Discover the legal intricacies of a complex family law case in the High Court of Justice. Learn about parental rights, child welfare concerns, and the impact of domestic abuse in the judgment of Ms X v Mr Y.

[2023] EWHC 3170 (Fam)

Court Determines Child's Habitual Residence in UK and Father's Acquiescence in Hague Convention Child Abduction Dispute

Discover the legal intricacies of international child abduction disputes in the case of Re J (Habitual Residence: Acquiescence) [2023] EWHC 3141 (Fam). Unveil how the court deliberated on habitual residence, acquiescence, and discretionary powers under the 1980 Hague Convention, illustrating the critical role of a child's integration and a parent's actions.

[2023] EWHC 3141 (Fam)

High Court Addresses Deprivation of Liberty for Child with Complex Needs

High Court's decision on the deprivation of liberty for a child with complex needs - a comprehensive analysis of legal principles and outcomes. Learn how the judgment emphasizes the necessity to protect vulnerable children and improve systemic provisions.

[2023] EWHC 3416 (Fam)

Landmark High Court Case Balances Autonomy and Protection for Individual with Autism & Cognitive Impairments

Discover the legal intricacies of A Local Authority v KP & Anor [2023] EWHC 3102 (Fam), a pivotal case addressing the delicate balance between safeguarding vulnerable adults and respecting their autonomy. Delve into the court's profound exploration of capacity, best interests, and the protection of individuals with cognitive impairments in complex family environments.

[2023] EWHC 3102 (Fam)

High Court Case Highlights Importance of Propensity Evidence in Identifying Perpetrator of Child's Non-Accidental Injury

Explore the Lancashire County Council v M & Ors case dissecting a child's non-accidental injury and subsequent death, impeccably analyzed by Mr Justice Hayden. Discover how legal principles shaped the attribution of harm, perpetrator identification, and standard of proof in childcare proceedings. Unveil the pivotal outcomes pinpointing the likely perpetrator amidst the case's intricate details.

[2023] EWHC 3097 (Fam)

Court Orders Child's Return to Australia Despite Mother's Concerns: Case Law Analysis of Re M (A Child) Highlights Hague Convention Complexities

Discover the complexities of international child abduction law in the case of Re M (A Child), highlighting the pivotal role of the 1980 Hague Convention and the high threshold for proving grave risk of harm. Explore the judicial reasoning behind the decision to return the child to Australia and the significance of protective measures in safeguarding the well-being of the child and the primary carer.

[2023] EWHC 3164 (Fam)

High Court Deliberates on Interim Return of Child with Disabilities in International Abduction Case

In a recent High Court judgment, Mr. David Lock KC deliberates on a case involving international child abduction and the welfare of a child with disabilities, emphasizing the necessity of specialized support in the child's habitual residence. The case showcases the complex interplay of legal principles under various conventions and laws, highlighting the paramount importance of child welfare and best interests in such delicate situations.

[2023] EWHC 3041 (Fam)

Father Sentenced to 12 Months for Contempt in Child Custody Case, Mother Allowed to Publicize Non-Compliance

Discover the legal intricacies of the H v Usama Ikram Butt & Anor case involving a committal proceedings for contempt of court in family law. Learn about the Father's defiance of multiple court orders, resulting in a 12-month prison sentence and possible publicity for the Mother. Explore the court's emphasis on family law sentencing principles and rights under Article 8 and 10 of the ECHR, shaping the outcome and implications for family law in the UK.

[2023] EWHC 3042 (Fam)

Case Law Analysis: Hague Convention 1980 Article 13(b) Exception in XK v JY (EWHC-Family 2023)

A detailed analysis of XK v JY (EWHC-Family 2023) under the Hague Convention 1980, highlighting crucial legal principles and the court's decision-making process in cases of international child abduction, focusing on Article 12 and the exception under Article 13(b).

[2023] EWHC 2996 (Fam)

High Court Refuses Recognition of Overseas Divorce in Mahtani v Mahtani Case, Citing Lack of Notice and Upholding Principles of Justice

Explore the legal nuances in the Monisha Mahtani v Vivek Hariram Mahtani case regarding the recognition of an overseas divorce under UK law. Delve into Section 51(3) of the Family Law Act 1986, discretionary powers, notice of proceedings, and policy considerations.

[2023] EWHC 2988 (Fam)

High Court Rules in Contempt of Court Case Involving Unauthorized Recording of Adoption Proceedings

Discover the legal implications of 'His Majesty's Solicitor General v Jason-Steven: Wong' involving contempt of court in adoption proceedings. Learn about the acts of contempt, legal principles applied by Mr Justice Cobb, the sanctions imposed, and the significance of maintaining confidentiality in family court proceedings.

[2023] EWHC 2966 (Fam)

Consent and Risk of Harm in Hague Convention Case: A Deep Dive into Legal Principles

Discover the legal intricacies of child abduction and custody cases under the Hague Convention with a detailed analysis of a recent High Court judgment. Explore key principles like consent, grave risk of harm, protective measures, and the court's discretionary power in ensuring the child's best interests.

[2023] EWHC 2890 (Fam)

High Court Rules on Appointment of Independent Administrator in King v. King Estate Dispute

Explore the intricate legal proceedings of the King v King case in this comprehensive analysis. Learn about the prioritization of estate administration, the court's discretionary powers, and the appointment of independent administrators, shedding light on non-contentious probate jurisdiction complexities.

[2023] EWHC 2822 (Fam)

High Court Balances Rights in Family Case with Serious Safeguarding Concerns: Who Bears Costs of Special Advocate under Closed Material Procedure?

SK v RO [2023] EWHC 2896: Delve into the legal complexities of a family court case involving safeguarding concerns, Closed Material Procedures, Special Advocates, and funding disputes. Explore the balancing act of fair trial rights and protection of parties in this insightful breakdown by Mrs Justice Lieven.

[2023] EWHC 2896 (Fam)

High Court Upholds Stringent Standards in Hague Convention Child Abduction Case

In Re L and S, a case under the 1980 Hague Convention, the court examines setting aside a return order for children wrongfully removed from Italy to England. The decision navigates legal principles like "fundamental change of circumstances" and the court's discretion in Hague Convention cases.

[2023] EWHC 2617 (Fam)

High Court Allows Change of Child's Forename in Care Case to Prevent Significant Harm

Discover the legal intricacies of changing a child's registered forename in care as explored in the case of Re C. Delve into the court's decision-making process and the critical legal principles applied. An insightful analysis shedding light on the pivotal considerations guiding such complex judgments.

[2023] EWHC 2813 (Fam)

High Court Rules Extubation of Critically Ill Child Not Feasible at Home: Upholding Best Interests and Clinical Appropriateness

Discover the legal complexities surrounding end-of-life care decisions for critically ill children in Nottingham University Hospitals NHS Foundation Trust v Indi Gregory & Ors [2023] EWHC 2798 (Fam). Explore key legal principles, the Court's decision to not allow extubation at the child's home, and the emphasis on clinical appropriateness over parental wishes.

[2023] EWHC 2798 (Fam)

High Court Imposes 12-Month Imprisonment for Contempt of Court in Child Return Case

Discover the key legal principles and outcomes of the "Manchester City Council v Maryan Yusef & Ors" case. Explore committal proceedings, burdens of proof, sentencing considerations, and the impactful outcomes of the judgment, showcasing the court's dedication to upholding authority and safeguarding the welfare of children.

[2023] EWHC 2792 (Fam)

Key Issue: Determining Habitual Residence and Child's Objections in International Child Abduction Case.

Explore the legal intricacies of international child abduction and custody in the recent High Court case B v G, where the court analyzed habitual residence, wrongful retention, and the child's objections under the Convention on the Civil Aspects of International Child Abduction.

[2023] EWHC 2752 (Fam)

L v K Case: Examining Habitual Residence in International Custody Disputes Under Hague Convention

Discover the pivotal legal principles adjudicated in L v K case under the Hague Convention and Child Abduction Act. Learn about habitual residence, wrongful retention, and the grave risk exception analyzed by the UK courts.

[2023] EWHC 2766 (Fam)

Key Issue in Mother v Father & Ors: Determination of Habitual Residence and Jurisdiction in International Child Abduction Case

Unveiling the complexities of international child abduction, discover the pivotal legal principles governing habitual residence and jurisdiction through detailed analysis in the case of Mother v Father & Ors. Ideal insights for legal professionals navigating the intricate landscape of family law.

[2023] EWHC 2728 (Fam)

Re S Case: Intersection of International Child Abduction Law, Habitual Residence, and Child Welfare Concerns

In-depth analysis of the Re S case under the 1980 Hague Convention, exploring habitual residence, consent, acquiescence, child objections, and grave risk of harm in international child abduction cases.Justice Cobb's ruling highlights crucial considerations in child welfare and legal standards application.

[2023] EWHC 2717 (Fam)

Case Law Analysis: P v F Highlights Importance of Fair Trial Rights and Procedural Considerations in Child Arrangement Orders

Explore the legal implications of the recent P v F case, focusing on Child Arrangement Orders, Article 6 and Article 8 ECHR rights, Section 91(14) orders, and procedural considerations under the Children Act 1989. Learn about the key facts, legal principles, outcomes, and the significance of this case for family law proceedings and human rights protection.

[2023] EWHC 2730 (Fam)

Persistent Non-Compliance Leads to 12-Month Prison Sentence in Child Abduction Case

Summary of Tanya Borg v Mohammed Said Masoud El Zubaidy, [2022] EWHC 3491 (Fam): Key rulings, legal impacts, and insights for professionals and students.

[2022] EWHC 3491 (Fam)

High Court Upholds Adjournment of Capital Claims in Divorce Case Amid Financial Disclosure Dispute

Summary of Joy v Joy, [2019] EWHC 2152 (Fam): Key rulings, legal impacts, and insights for professionals and students.

[2019] EWHC 2152 (Fam)

Court rules in favor of children’s relocation to maternal relatives following family tragedy, prioritizing welfare and risk management.

Summary of Al-Hilli (Children), Re (Summary of Judgment), [2013] EWHC 2299 (Fam): Key rulings, legal impacts, and insights for professionals and students.

[2013] EWHC 2299 (Fam)

UK Court Sentences Mother for Contempt of Court in Breach of Collection Order, Emphasizing Severity and Consequences

Summary of London Borough of Islington v Williams & Anor, [2013] EWHC 2693 (Fam): Key rulings, legal impacts, and insights for professionals and students.

[2013] EWHC 2693 (Fam)