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Case Law

43 results - showing 21 - 30
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Ordering
X v (1) Liverpool City Council (2) C C Merseyside CA 11/10/2005
The LA had obtained an Emergency Protection Order (EPO) in order to protect four children from the risk posed by their F insisting upon driving them to school in the absence of a valid driving licence and in circumstances where he was registered blind. The police power to remove a child under s46...
Re W (a child) (NAI: expert evidence) (CA) 01/11/05
While the instruction of experts in family proceedings must be controlled the court should be slow to refuse an application for a second expert opinion in cases such a Non-accidental head injury where certain evidence may be pivotal and by it's nature not easily challenged save for by another exp...
Re S (children) (access to papers) (CA) 03/11/05
An appeal was allowed where a Father following the conclusion of Contact proceedings had been injuncted from accessing or disseminating information from the papers. An order was substituted allowing the Father limited access to the papers.Court: Court Of Appeal (England and Wales)
Re P (children) (shared residence order) (CA) 09/11/05
A judge’s refusal to order shared residence because it would affect the issue of control and power between the parents was held to be unreasonable. The CA decided this was a classic case for shared residence which would reflect the reality of the situation. Court: Court Of Appeal (England and Wales)
Re W (a child) (removal from jurisdiction) (CA) 21/11/05
The CA upheld a judge’s decision to allow a Father who was primary carer to emigrate with his new partner and the child to Australia. The mother who was not having direct contact with the child had argued that there was no evidence that the Father would be distressed by a refusal.Court: Court Of ...
Re H (a child) (contact: domestic violence) (CA) 23/11/05
n a contact case a judge had misremembered the facts of a case and had developed a polarised view of the parties. He had minimised the significance of the domestic violence and failed to have regard to Re L the seminal authority on domestic violence. He failed to have regard to the reporting offi...
M-D v D [2008] EWHC 1929 (fam)
Appeal by the Wife against orders in ancillary relief proceedings.  Appeal allowed.
Papanicola v Fagan [2008] EWHC 3348
This case established that a declaration of trust regarding the family home could be upheld therefore making the property unavailable to the husband's creditors. The husband had made a declaration of trust in his wife's favour as she had insisted this be done to protect the family's financial sec...
Re R (Children) [2005] EWCA Civ 542 (Shared residence)
A shared residence case – the Court of Appeal supported the making of shared residence orders, even where the relationship between the parents was not especially harmonious.
D v D (Shared Residence Order) [2001] 1 FLR 495 (Shared residence)
In 2000 a father applied for a 'joint' (ie shared) residence order, arguing that he was being treated as a second-class Parent by authorities with whom he had to deal regarding the provision of information etc about the children. The mother sought a change in the contact pattern. The trial judge ...
43 results - showing 21 - 30
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