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Jurisdiction – children; passports

The High Court postponed the renewal of two children’s passports by their father until M had the opportunity to apply to the Australian court. In this case, the children had been living with their father (F) in Australia. He had abducted the children 12 years previously.

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Financial remedies – maintenance, needs and fairness

In this useful article, the author considers the issue of ‘fairness’ in relation to maintenance and variations of maintenance. The article is written particularly in light of the recent Court of Appeal ruling in Mills v Mills (unpublished at the time of writing) in which Mr Mills was ordered to increase his monthly maintenance payments to Mrs Mills even though they divorced more than 15 years ago.

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Procedure – Cafcass

A local practice direction issued by the Family Court reflects the increasingly stretched resources of Cafcass. This PD, produced in consultation with judges at the CFC and the Family Division Liaison Judge, is to apply until further notice, as follows:

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Public law – immunisations

A local authority successfully applied under the inherent jurisdiction for a declaration that it was in a child’s best interests to receive two immunisations (the Haemophilus influenzae type b (Hib) vaccine and the pneumococcal conjugate vaccine (PCV)).

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Procedure – jurisdiction

The English court was uniquely placed in a recent case, and it was right and proper that exclusive jurisdiction vests in London under Brussels I. In this case, the family spent most of their marriage in Poland, having acquired properties in France and London. The London house was in the joint names of H and W. When the marriage broke down, H started proceedings in Poland and sought a 90/10 division of assets in his favour.

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Procedure – anonymity

The Court of Appeal has refused an application for anonymity in financial remedies proceedings. H and W were involved in the proceedings following a consent order dating back to 2005 – with numerous court applications including applications by W to extend the term of periodical payments to be paid to her by H.

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Children – public law

The Family Court has criticised a local authority for ‘unwarranted expenditure’ in proceedings where the LA breached Article 8 rights under the ECHR by taking a baby into care. The baby had been removed at just one week old while still in hospital and, following an interim care order, he was placed into the care of his paternal grandparents.

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Financial remedies – disclosure

A civil partner successfully appealed a decision refusing to set aside a consent order made in financial remedy proceedings after the civil partnership was dissolved. The appellant (A) applied to have it set aside on the basis that her former civil partner (who had since died) was guilty of material non-disclosure during financial remedies proceedings.

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Marriage – validity

The Court of Appeal has applied the ‘presumption of marriage’ to a Syrian couple’s relationship, meaning their marriage was entitled to full recognition in England.

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Financial provision – jurisdiction

In this case, M sought to enforce through the English court a financial order for provision for her children which was made in the German court. M and the children were still living in Germany, while H had moved to the UK. However, he refused to pay her maintenance under the terms of the German order claiming she was obstructing contact with the children.

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