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The court found on the evidence that a wife in ancillary relief proceedings had not proved her case that sums of money used to purchase five properties were a gift rather than, as contended by the husband, expended under a power of attorney for the benefit of his parents.
A London Borough Council v M and another Fam Div 27.07.06
In the instant case, para 19(9) of Sch 2 to the Children Act 1989 was not an obstacle to the court giving approval to an authority arranging for a child to live in Germany with potential in-family adopters pending a hoped for adoption under s.55 of the Adoption Act 1976.
Re G (Children) HL 26.07.06
The HL allowed the appeal of the biological mother of children conceived in a same-sex relationship against an order making the non-biological parent the primary carer (2006) EWCA Civ 372. The HL held that her status as natural mother of the children was a factor to be taken into account and the courts below had allowed the context of the case to distract them.
Re S (a child) CA 26.07.06
Exercising a broad-brush discretion the CA concluded that a fund of £1.1 million should be made available to trustees to purchase a suitable property for a child during her minority. It was stated that only in exceptional circumstances should children be separately represented in proceedings under the Children Act 1989 s.15.
Pelling v Bruce-Williams CA 25.07.06
Held that the prohibition against publication contained in s.97 (2) of the Children Act 1989 lasted only as long as the proceedings themselves. Therefore a father was entitled to have an injunction forbidding publication of identifying information discharged where the proceedings had ended but not set aside since the order had been properly made.
S v (1) SB (2) B CC Nottingham 24.07.06
The trial judge awarded £35,000 in damages under the provisions of the Protection Against Harassment Act 1997 to a young Sikh woman he found to have been subject to harassment by her former mother-in-law during the course of an arranged marriage.
Re H (a child) CA 20.07.06
In dismissing a husband’s appeal against an order for the transfer of the joint tenancy of the former matrimonial home to his wife it was held that a court making such an order is entitled to take into account the conduct of the parties in the exercise of its discretion.
F v (1) M (2) C (A Child by his GAL) Fam Div 19.07.06
An application by a mother to take her four-year-old son to live permanently with her in the United States was allowed as it was held to be genuine and motivated by more than a desire to exclude the father.
Smith v Sec of State for Work & Pensions & Anor HL 12.07.06
The HL held that when calculating "total taxable profits" under the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 Sch.1 para.2A. a self-employed absent parent may not deduct their capital allowances.
Down Lisburn Health & Social Services Trust & Anor v H & Anor HL 12.07.06
The HL held that the decision of a judge to make a freeing order
on the basis that parental consent was being unreasonably withheld, was not so plainly wrong as to entitle a court to interfere with it even though prospective adopters had not been found at the date the hearing and thus the parents were not aware whether post-adoption contact would be available.
NS v MI Fam Div 05.07.06
A decree of nullity was granted to an Applicant under the Matrimonial Causes Act 1973 s.12(c) on the grounds that she had been forced into the marriage by her parents whose behaviour had included threatening to kill themselves if she did not enter into the marriage.
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