Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
View all articles
Authors

Samantha Bangham's Week in Cases 28 March 2013

Sep 29, 2018, 21:02 PM
Slug : samantha-bangham-s-week-in-cases
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 28, 2013, 04:26 AM
Article ID : 101985

Samantha Bangham - Family Law Reporter Well, not quite the sudden influx of cases I had imagined but still a pretty interesting week.

A particular highlight was N v C [2013] EWHC 399 (Fam), [2013] FLR forthcoming, which seemed a suitably just decision to refuse the mother’s Sch 1 application following the child’s change of primary residence from the mother to the father who was already providing the mother with accommodation. She sought a further £200,000 for refurbishment works plus a maintenance order of £2,200 per month. Which begs the question, how was this provision to be of any benefit to the child? In addition, the father had already made several generous offers to settle, all of which had been refused by the mother. In case further incentive, beyond the law, was needed to read the full judgment the father was also a famous musician!

Meanwhile in the Court of Appeal, the decision of Re P-S [2013] EWCA Civ 223, [2013] FLR forthcoming, concerned a 15-year-old boy who appealed a final care order on the basis that he should have been provided with the opportunity to give oral evidence to make the strength of his objections known. The appeal was dismissed in circumstances where it was clear that the judge had been made aware of the boy’s feelings and had duly taken that factor into account. However, the ‘the bleak fact was that this was a feckless mother who put her own needs before those of the children’. The CA held that the judge, having found the threshold crossed, was left with no alternative but to grant the care order.

On an international note, the judgment in Re T (A Child: Art 15, Brussels II Revised) [2013] EWHC 521 (Fam), [2013] FLR forthcoming, concerned a Slovakian underage mother who fled to the UK from a children’s home in Slovakia. Care proceedings were underway in England when the Slovakian authorities made a request for a return of the mother and baby claiming that they remained habitually resident there and that the mother was still the subject of an order issued by the Slovakian courts which was entitled to recognition and enforcement in this jurisdiction. Mostyn J held that while the mother was indeed still habitually resident in Slovakia, the child had not spent a day there and, therefore, applying the binding authority of ZA and PA v NA (Abduction: Habitual Residence) [2012] EWCA Civ 1396, [2013] FLR forthcoming, this was one of the rare cases where the child had no place of habitual residence. All the requirements of Art 15 were satisfied on the facts of the case and a transfer request would be made.

For fuller coverage of this week’s and previous weeks’ cases – click here.

I hope everyone has an enjoyable Easter break and I look forward to another action-packed judicial term!

Samantha Bangham is the Law Reporter for Family Law Reports. Judgments can be submitted for consideration via: editor@familylaw.co.uk.

She can be contacted on Twitter: @ladybangham, or connect with her on LinkedIn.

The content of this article should not be considered as legal advice.

Categories :
  • Articles
Tags :
Provider :
Product Bucket :
Recommend These Products
Load more comments
Comment by from