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In a case concerned with the enforcement of an intervener’s postponed charge of the former matrimonial home the CA held that, while the court had no power under the Matrimonial Causes Act 1973 to amend the property adjustment order, there was an inherent jurisdiction for the court to vary its own order to make the meaning and intention of the court clear. |
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F v F and others Fam Div 23.01.07 |
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Supervised contact was ordered where a Father had made repeated threats and attempts to remove the children to Mexico. The Mother was granted a Residence Order. |
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Re M (A Child) (Care Proceedings) CA 19.01.07 |
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The CA dismissed a Guardian’s appeal against a witness summons compelling the child who was the subject of care proceedings to give evidence in relation to allegations of sexual abuse. It was held that although the judge had incorrectly exercised his discretion in starting from the premise that normally a child might be called to give evidence if that could be done without damage or oppression the CA had to re-exercise the discretion and came to the conclusion that the child’s evidence was necessary in deciding an issue of great importance to that child. |
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D v B and others Fam Div 19.01.07 |
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On a fact-finding in relation to allegations by a Mother that children had been sexually abused. The court held that the burden of proof was on the person making the allegations and that there was no cogent or reliable evidence against the Father (or his Mother). It was further held that although the Mother genuinely believed the allegations her own anxiety, past trauma and hostility towards the Father made her unduly receptive to these. |
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Kaplan v Austria ECHR 18.01.07 |
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An applicant was awarded €8,000 in non-pecuniary damages after the ECHR held that the Austrian courts had failed to deal diligently with proceedings for custody of her eldest child. The proceedings had remained pending for more than five years before the child was removed from the jurisdiction. |
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Ella v Ella CA 17.01.07 |
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The CA dismissed a wife’s appeal against an order staying English divorce proceedings on the basis of extensive undertakings to allow the matter to proceed in the Israeli court system. It was held that the judge had been right to view a pre-nuptial agreement stating that Israeli law would govern any questions of division of property as a major factor. |
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Garland v Morris and another ChD 11.01.07 |
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A claim under the Inheritance (Provision for Family and Dependents) Act 1975 by a daughter who had not seen or spoken to the deceased (her father) for the last 15 years of his life failed. It was held that she had failed to establish that it had been unreasonable in the all the circumstances for the deceased to make no provision for her. |
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Where the breach of a Mother’s article 8 in the conduct of care proceedings had been purely procedural it was held the Mother was not entitled to compensation for loss of opportunity. |