Case by Case - Family

The court considered whether a father’s application for the return of his son to Australia under the 1980 Hague Convention should be denied due to a grave risk of harm under Article 13(b). Although the removal of the child to the UK was found to be wrongful, the court determined that returning the child would expose him to intolerable conditions. The judgment highlighted the insufficiency of the p...

The court considered whether a victim of abuse could share their experiences of the family court system through public speaking and media, balancing their Article 10 right to freedom of expression with the child's right to privacy under Article 8. The application was partially granted, permitting public discourse using an alias, with a clear obligation to protect the child’s anonymity. The father'...

The High Court assessed whether a deprivation of liberty resulting from a child’s residential care arrangement required court authorisation under Article 5 of the ECHR. It was determined that informed and voluntary consent from those holding parental responsibility could sufficiently validate such an arrangement. As a result, the care order application was withdrawn, and the deprivation of liberty...

The court addressed a case where a mother removed her children to a non-Hague Convention country without the father's consent. Upon their return to the UK, the court prioritised the children’s welfare and stability, deciding they should remain living with the mother. The father was granted supervised contact, subject to review after the completion of a Domestic Abuse Perpetrators programme. This c...

This episode explores a fact-finding hearing involving the wrongful removal of children from Afghanistan to the UK. The court ruled that the father acted unlawfully by removing the children without the mother's consent. However, it also found the mother engaged in both emotional and physical abuse of the children. While there was no evidence of deliberate parental alienation by the father, the lit...

The court addressed whether reasonable financial provision had been made under the Inheritance Act 1975 for a claimant and her minor child. The claimant was awarded a family home and lump sum to reflect their needs and a fair proportion of the £6 million estate. Issues of estate administration delays and associated costs were highlighted, particularly the executor's failure to discharge responsibi...

The Family Court considered whether a Nigerian adoption order for twin girls could be recognised in England under common law. The court confirmed that the adoption complied with necessary procedural and substantive criteria, aligning with English legal standards. The decision emphasised the children's welfare and their expressed wishes as central to legal recognition.

The court upheld a Joint Lives With Order to emphasise the importance of both parents’ involvement in the child’s upbringing while maintaining a split in care weighted in favour of one parent. Historical behaviours were assessed against current parenting capability, recognising the consistent efforts of one parent to maintain contact. The judgment rejected relocation to prioritise stability for th...

The court dismissed allegations of coercive and controlling behaviour following a fact-finding hearing. It found that the allegations lacked consistency, and the evidence suggested external family pressures on the complainant. The judgment emphasised the importance of evaluating patterns of behaviour holistically, while also reinforcing the need for credible and consistent evidence in such claims.

The court considered an application for permission to appeal a fact-finding judgment regarding allegations of domestic abuse and the impact on child welfare. The application was dismissed as the appeal lacked merit, with no procedural errors or evidence of judicial bias established. This decision underscores the high threshold for successfully appealing findings of fact in family law cases.

The court considered whether it was in the best interests of a 15-year-old boy with special needs to remain in Local Authority care under a final care order or to be placed with his grandmother. While recognising the grandmother's cultural understanding and emotional connection, the court found her capacity to meet the boy’s complex needs insufficient. The judgment highlighted the importance of sa...

The court assessed an application for the summary return of a child to China. The mother argued for the return based on the child's established life and best interests, while the father raised concerns about integration into her new routine in England and legal safeguards in China. The court dismissed the application, ruling that the child's welfare required proceedings to continue in England due...

The High Court considered whether a child should be summarily returned to a non-Hague Convention country following an application by the mother. The court dismissed the application, concluding that the child’s welfare would be better served by remaining in England pending further welfare proceedings. The judgment highlighted the limitations of the non-Hague framework in ensuring cross-border conta...

The court addressed the welfare needs of four children of Ugandan origin now residing in England in relation to their contact with their father, the inclusion of paternal names, and parental responsibility. It prioritised the children's emotional stability, approving limited direct contact in England and weekly video calls while rejecting direct contact in Uganda. The court emphasised the need for...

The court examined whether it was in the best interests of a 14-year-old boy to remain in Ghana, where he had been taken without his consent by his parents. Despite the breach of trust, the court found that the risks he faced in the UK, including potential gang violence, outweighed his dissatisfaction with living in Ghana. The judgment emphasised the welfare principle and concluded that his contin...

The court considered an application for an antisuit injunction to halt proceedings in India concerning child maintenance and family disputes. It found England to be the natural forum for the primary issues but declined to grant the injunction, ruling that the foreign proceedings were neither vexatious nor oppressive. The judgment highlighted the strain of concurrent litigation on limited financial...

The court considered whether life-saving medical treatment could be authorised for a 14-month-old child against parental opposition. Weighing expert medical evidence, ethical principles, and the parents' religious objections, the court concluded that the surgery was in the child's best interests. The case underscores the primacy of a child's welfare in medical treatment decisions, even when parent...

The High Court considered whether two children, retained by their mother in the UK after a holiday, should be returned to Dubai. The decision prioritised the children's welfare and stability, highlighting their integration in England and concerns over unstable circumstances upon return to Dubai. The court found that the father’s proposed support arrangements were insufficient to safeguard the chil...

The court addressed a father's application for the summary return of his children to Nigeria and considered the habitual residence of the children amidst allegations of domestic abuse. Procedural delays caused by the mother's legal team resulted in the adjournment of a scheduled hearing. The court found the mother's solicitors negligent for failing to comply with procedural obligations, and a wast...

The court addressed the adoption of two children born through an unlawful commercial surrogacy arrangement in Northern Cyprus. Despite ethical and legal concerns surrounding the applicants' actions, the court found that the children's welfare was paramount. The judgment emphasised statutory requirements and public policy considerations while focusing on providing the children with legal and famili...

This case considered whether an individual mistakenly registered as a father on a child's birth certificate could acquire parental responsibility under s.4(1)(a) of the Children Act 1989. The court concluded that parental responsibility was void ab initio as the individual was neither the biological nor legal parent. The ruling reaffirmed the principle that statutory interpretation must align with...

The High Court, using its inherent jurisdiction, addressed issues of parental alienation, educational neglect, and significant harm concerning an 11-year-old child relocated from Pakistan to England. The court dismissed allegations of sexual grooming against the mother and found that the father's actions, including breaking promises to reunite the child with her mother, caused severe emotional and...

The court considered whether a parental order could be granted under s.54 of the Human Fertilisation and Embryology Act 2008 in the absence of the surrogate’s consent. The case involved a child born via international surrogacy where the surrogate was untraceable. Relying on s.54(7), the court dispensed with the requirement for consent as the surrogate 'could not be found' and ruled that the order...

The case addressed procedural fairness and substantive issues in family court orders concerning child arrangements, non-molestation, and s91(14) restrictions. While the child arrangements and s91(14) orders were upheld, the non-molestation order was set aside due to insufficient judicial reasoning regarding its duration and terms. The matter was remitted for further review, highlighting the import...

The court considered whether restrictions imposed as part of a care plan for a profoundly disabled child amounted to a deprivation of liberty under Article 5 of the European Convention on Human Rights (ECHR). It was held that the measures were necessary to address the child's complex medical needs and did not constitute a deprivation of liberty. The Local Authority's application for permission to...