Category: residence orders

Wasted costs against local authority in private law proceedings by James Hargan – Sovereign Chambers

Posted July 31st, 2013 in costs, family courts, local government, news, reports, residence orders, social services, wasted costs orders by sally

“In HB, PB, and OB –v- London Borough of Croydon [2013] EWHC 1956 (Fam) Cobb J had to consider whether or not to make an order that a Local Authority which had been directed to file a section 37 report, and whose failure to do so properly had led to wasted costs, should pay those wasted costs of aborted days of hearing. The power to make such a costs order was in the discretion of the court (Senior Courts Act 1981 s51(1)) and, by reference to FPR 2010 28.1, the court could make such order as it thought just. The Local Authority was sufficiently closed connected with the litigation, and its failings were so serious, as to justify making what the court was urged to regard as an exceptional order.”

Full story

Sovereign Chambers, 19th July 2013

Source: www.sovereignchambers.co.uk

International Children Law Update – Family Law Week

Posted April 5th, 2013 in arbitration, children, enforcement, international law, jurisdiction, news, residence orders, treaties by sally

“Jacqueline Renton, Barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.”

Full story

Family Law Week, 5th April 2013

Source: www.familylawweek.co.uk

In the matter of J (Children) – Supreme Court

Posted February 21st, 2013 in appeals, child abuse, law reports, local government, residence orders, Supreme Court by sally

In the matter of J (Children) [2013] UKSC 9 | UKSC 2012/0128 (YouTube)

Supreme Court, 20th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Children: Private Law Update – Family Law Week

Posted February 18th, 2013 in case management, civil partnerships, family courts, human rights, local government, news, parental rights, residence orders by sally

“Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.”

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Family Law Week, 13th February 2013

Source: www.familylawweek.com

Religious courts and Sharia divorce – Halsbury’s Law Exchange

Posted February 5th, 2013 in arbitration, children, courts, divorce, financial provision, Judaism, news, residence orders by tracey

“If you glanced at the front page of The Times for 1 February, with its headline ‘High Court opens way to Sharia divorces’, you could have been forgiven for thinking that the court had made some important pronouncement on the role of Sharia (Islamic law) in divorce proceedings. The story’s first paragraph would also have led you naturally to that conclusion. ‘The prospect of divorce cases being settled by Sharia and religious courts’, it says, ‘has been opened up by landmark legal decision.’ So it would have come as a bit of a jolt to read the start of the next paragraph: ‘A Jewish couple have had their divorce settlement under Beth Din, rabbinical law, approved by the High Court.’ As this indicates, the case (AI v MT [2013] EWHC 100 (Fam)) says nothing whatsoever about Sharia.”

Full story

Halsbury’s Law Exchange, 4th February 2013

Source: www.halsburyslawexchange.co.uk

Nottinghamshire County Council v Suffolk County Council – WLR Daily

Posted December 14th, 2012 in care orders, guardianship, law reports, local government, parental responsibility, placement orders, residence orders by tracey

Nottinghamshire County Council v Suffolk County Council: [2012] EWCA Civ 1640; [2012] WLR (D) 376

“The local authority responsible for providing financial and other support for a child under the Children Act 1989 was any authority which looked after the child or, if the child was not a looked after child, the local authority in whose area the child was living.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

Children: Private Law Update (November 2012) – Family Law Week

Posted November 23rd, 2012 in children, civil partnerships, education, families, news, residence orders by tracey

“Alex Verdan QC of 4 Paper Buildings reviews important recent developments relating to private children law.”

Full story

Family Law week, 22nd November 2012

Source:  www.familylawweek.co.uk

A v A – WLR Daily

Posted October 30th, 2012 in appeals, child abduction, children, law reports, residence orders by sally

A v A [2012] EWCA Civ 1396; [2012] WLR (D) 297

“Where children who had been born in England had been forcibly removed to another country and retained there by one parent against the wish of the other, that could not change the children’s place of habitual residence from England to the other country. However a child who had been born in a foreign country and had not set foot in England did not acquire on birth the habitual residence of his parents or custodial parent, even where at the time of his birth the mother was being forcibly detained in that country by the father.”

WLR Daily, 26th October 2012

Source: www.iclr.co.uk

Judge asks for help finding missing children abducted by mother – The Guardian

Posted October 18th, 2012 in child abduction, news, residence orders, setting aside by sally

“A nationwide search has been launched for four missing children after a high court judge said that they had been abducted by their mother.”

Full story

The Guardian, 16th October 2012

Source: www.guardian.co.uk

International Children Law Update: August 2012 – Family Law Week

Posted September 4th, 2012 in children, custody, international law, news, residence orders, treaties by tracey

“Jacqueline Renton of 4 Paper Buildings, reviews the latest key decisions in international children law.”

Full story

Family Law week, 3rd September 2012

Source: www.familylawweek.co.uk

Draft legislation on family justice published – Family Law Week

Posted September 4th, 2012 in case management, divorce, family courts, news, parliamentary papers, residence orders by tracey

“The Government has published draft legislation on family justice for pre-legislative scrutiny.”

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Draft legislation

Family Law Week, 4th September 2012

Source: www.familylawweek.co.uk

In re L (A Child) (Recognition of Foreign Order) – WLR Daily

Posted August 28th, 2012 in appeals, children, conflict of laws, jurisdiction, law reports, parental rights, residence orders by tracey

In re  L (A Child) (Recognition of Foreign Order): [2012] EWCA Civ 1157;   [2012] WLR (D)  252

“The English court would not refuse recognition of a parental agreement freely reached in a member state of the European Union unless a party seeking to challenge it showed a very high degree of procedure or principle error which led to the conclusion and ratification of the agreement in the country where the child was habitually resident at the time of the agreement. A child’s two monthly rotational residence in England lacked degree of permanence to find habitual residence in England for the English court to make a residence order.”

WLR Daily, 21st August 2012

Source: www.iclr.co.uk

Family courts pioneer shared parenting orders – The Guardian

Posted February 9th, 2012 in family courts, news, parental rights, residence orders by sally

“Judges and lawyers are already anticipating the government’s proposed reforms to the status of separated parents by pioneering ‘shared residence orders’, according to a leading family solicitor.”

Full story

The Guardian, 9th February 2012

Source: www.guardian.co.uk

Holmes-Moorhouse v London Borough of Richmond upon Thames – WLR Daily

Posted February 6th, 2009 in children, homelessness, housing, law reports, residence orders by sally

Holmes-Moorhouse v London Borough of Richmond upon Thames [2009] UKHL 7; [2009] WLR (D) 31

“When a court in family proceedings made a shared residence order providing for children to spend alternate weeks with each of their parents, and the father was homeless, a housing authority was not obliged, on account of the order, to regard the father as a person in priority need of accommodation on the ground that dependent children might reasonably expected to reside with him.”

WLR Daily, 4th February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Conciliation in court helps parents agree over child contact and residence – Ministry of Justice

Posted November 22nd, 2007 in contact orders, press releases, residence orders by sally

“In-court conciliation helps separating parents to reach their own agreements about contact with their children, research commissioned by the Ministry of Justice reveals today.”

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Ministry of Justice, 21st November 2007

Source: www.justice.gov.uk 

Holmes-Moorhouse v Richmond-upon-Thames London Borough Council – Times Law Reports

Posted November 19th, 2007 in children, homelessness, law reports, residence orders by sally

Holmes-Moorhouse v Richmond-upon-Thames London Borough Council

Court of Appeal

“A shared residence order made by a family court in uncontested proceedings did not determine the question whether a parent in whose favour the order was made had a priority need for housing as a homeless person with dependent children who might reasonably be expected to reside with him.”

The Times, 19th November 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Holmes-Moorhouse v Richmond-upon-Thames London Borough Council – WLR Daily

Posted October 12th, 2007 in law reports, residence orders by sally

Holmes-Moorhouse v Richmond-upon-Thames London Borough Council [2007] EWCA Civ 970

“An uncontested order for shared residence made by consent by a judge in family proceedings was not determinative of the issue whether it was reasonable to expect the children whose residence was the subject of the order to live with the parent in whose favour it was made.”

WLR Daily, 10th October 2007

Source: www.lawreports.co.uk

Please note once as case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re B (a Child)(Relocation) – Times Law Reports

Posted October 11th, 2007 in children, law reports, residence orders by sally

Power to restrict carer’s place of residence is exceptional

In re B (a Child)(Relocation)

Court of Appeal

“The imposition by the court of a condition to a residence order restricting the primary carer’s right to choose where his or her place of residence within the United Kingdom was exceptional.”

The Times, 10th October 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re W (Children) (Permission to appeal) – Times Law Reports

Posted August 2nd, 2007 in appeals, contact orders, law reports, residence orders by sally

Family jurisdiction role of the Court of Appeal explained

In re W (Children) (Permission to appeal)

Court of Appeal

“The function of the Court of Appeal on a permission application for residence and contact was limited to a review of the decision of the judge to see whether a prospective appellant had an arguable case, fit to present to the full court on appeal, that the judge’s order was plainly wrong.”

The Times, 2nd August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication

In re W (Children) (Permission to appeal) – WLR Daily

Posted July 30th, 2007 in appeals, contact orders, law reports, residence orders by sally

In re W (Children) (Permission to appeal) 

“The function of the Court of Appeal on a permission application for residence and contact was limited to a review of the decision of the judge to see whether a prospective appellant had an arguable case, fit to present to the full court on appeal, that the order was ‘plainly wrong’.”

WLR Daily, 26th July 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.