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Re CG (Children) CA 13.04.06
Held that final orders in care proceedings should not have been made where there was controversial evidence from professional bodies which needed to be tested since it could not be said such evidence would not affect the orders.
Wilkinson v (1) Kitzinger v (2) HM-AG (The Lord Chancellor Intervening) Fam Div 12.04.06
An application for a protective costs order in respect of proceedings for a declaration of marital status under s.55 FLA 1986 was dismissed. The court took the view that the issues raised did not require resolution as a matter of general public importance. However a cap of £25,000 was placed on any sum, which could ultimately awarded to The Lord Chancellor on account of costs.
Re M CA 12.04.06
Held that a judge's exercise of discretion in granting an ICO had been unsatisfactory but that in the circumstances it was not open to the court to set aside the order and substitute it's own discretion for that of the judge. The appeal was dismissed but directions given that the renewal of the ICO be heard by the designated family judge with liberty to other parties to make cross applications.
Re P (Children) CA 11.04.06
A contempt of court hearing concerning a father said to have taken photographs of a CAFCASS officer was held to have been procedurally unfair in that there had been no written statement of contempt for the appellant to answer to.
Re E Fam Div 10.04.06
A grandmother with care of her granddaughter appealed a consent order on the grounds that she had not understood the proceedings or given her agreement. Her appeal was dismissed. Both parties had been represented and even if the court were satisfied of irregularity at the hearing it was in the child's best interests that the assessment of the Mother provided for by the consent order be carried out as soon as possible.
Re CJ Fam Div 10.04.06
Held that it was inappropriate to employ s.91(14) Children Act 1989 in ongoing proceedings. Further that an application under this section had to be issued in advance and supported by evidence.
Re G (Children) (residence same-sex partner) CA 06.04.06
The non-biological mother of children who had been conceived in a same-sex partnership was granted primary care of these children. The biological mother had breached a court order preventing her relocation to Cornwall and there was a real risk she would marginalize the non-biological mother's role in the children's lives if she were the primary carer.
Press Release
Department for Constitutional Affairs 10.04.06
Income eligibility levels for all types of civil legal aid provided by the CLS will be increased by 2.7% in line with the Retail Price Index.
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