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This is an application by Mrs K (to whom I shall refer as the "Wife") for full ancillary relief arising upon the breakdown of her marriage to Mr K (to whom I shall refer as the "Husband"). The marriage took place on the 10th December 1969 and lasted, therefore, in excess of 30 years.
In this case the parties were married in 1990 and separated in July 2002 with the Decree Nisi being pronounced in June 2005 on the grounds of two years separation with consent. The Petitioner is 42 years of age and the Respondent is 41 years of age. There are two minor children aged 12 and 14. The younger child suffers from cerebral palsy but fortunately is well enough to attend the local secondary school.
Application for permission to appeal, with appeal to follow, refusal to allow a mother relocate to Somerset from London in a case involving a shared residence order for the couple’s daughter. Permission granted but appeal dismissed.
The parents had met in 1999 in South Africa and married in 2002 but that soon broke down and they divorced in 2003. The child was born before then and had lived with the mother except for a period of three months when he stayed with the paternal grandparents. In 2005 the father initiated contact and residence proceedings but the parties were, in the words of the guardian, “implacably hostile”. An expert witness report on the child stated that he was being damaged by the battle but the expert opposed a shared residence order but saw no particular benefit in giving the father care: instead he thought independent foster care should be considered. The guardian differed from the witness in arguing for placement with the grandparents and the trial judge agreed.
In this hearing, counsel for the mother argued several points relating, among other issues, to the judge’s failure to give due weight to existing relationships, the contribution of the biological parent or pursuing family therapy. Therefore the judge was plainly wrong. Wall LJ agreed and allowed the appeal for two principal reasons: i) the judge had not “grappled with the fundamental proposition that children have a right to be brought up by their natural parents unless their welfare positively demands the replacement of that right.”; and ii) there was a flaw in his reasoning in that he had accepted the expert witness evidence for independent foster care but placed the child with the grandparents who are patently not independent. In a postscript Wall LJ comments on the damage caused by such protracted litigation by citing the famous line from Philip Larkin’s “This be the verse”.
A husband's application for permission to appeal out of time against orders in relation to ancillary relief proceedings was refused. Court: Court Of Appeal (Civil Division) (England and Wales)
Maintenance pending suit could be awarded where the jurisdiction of the court was in issue and were the case related to substantial sums of money. The maintenance pending suit could at the court’s discretion include an element for the petitioners’ legal advisors to pay the costs of the proceedings. Court: Court Of Appeal (Civil Division) (England and Wales)
Court Of Appeal upheld Singer J’s judgment on 5 April 2005 - see  EWHC 528 (Fam) in which he made an award of £4.5 million in a short childless marriage where the parties were still young and the husband’s wealth was over £30 million pounds.
Court: Court Of Appeal (Civil Division) (England and Wales)
The court allowed an appeal against a CSA liability order holding that a consent order stating that maintenance payments would be reduced by the amount of any CSA assessment and which provided for larger initial payments was intended to address arrears which had built up. Court: High Court (Administrative Court) (England and Wales)
The CA dismissed a husband’s appeal against the annulment of a bankruptcy order and a consequent ancillary relief order of £1,000,000 in the wife’s favour. The CA considered the law in relation to annulment of bankruptcy orders and the position where a Judge having given judgment is persuaded to reverse this. Court: Court Of Appeal (Civil Division) (England and Wales)