High Court: Family Division judgments, 2003

In determining an application to relocate a child abroad, the child’s welfare remains paramount. The court should first assess whether the application is…

Under Article 13 of the Hague Convention, a child’s objection to return is discretionary. The court must consider the child’s reasons, age and maturity, the…

Still colposcope photographs of a child’s genitalia may materially misrepresent what is seen during clinical examination and should therefore be interpreted…

Apparent consent to children remaining in another Convention country does not amount to acquiescence where the parent’s subjective intention was to prevent…

Where the parties agree that a costs issue can be determined on paper, the court may adopt that procedure. The court may make no order for costs and, where…

Section 5 of the Child Abduction and Custody Act 1985 confers a broad, self-contained interim power in Hague Convention proceedings. The court may make…

Permission to withdraw an application for contact under rule 4.5(1) of the Family Proceedings Rules 1991 is a serious judicial decision, not a formality. The…

Designation of a local authority under Children Act 1989, s 31(8), primarily depends on the child’s ordinary residence at the time of determination. Periods…

When considering an injunction affecting publication about a child, the court must determine whether Article 8 is engaged and balance it independently against…

Under Brussels II, jurisdiction conferred on the courts of the Member State dealing with divorce and related parental responsibility ceases when the relevant…

A court declaration is not routinely required before terminating the pregnancy of an adult who lacks capacity. Where capacity, best interests and compliance…

A local authority may commission an inquiry into matters connected with its statutory social services functions, adapting Department of Health guidance where…

On an appeal from a family proceedings court, the High Court may intervene in a discretionary decision where the lower court erred in law, took irrelevant…

A party completing Form E must provide truthful, full and realistic figures. A contingent liability belongs in the narrative, but it should reduce stated net…

Legal advisers may take instructions in family proceedings despite concerns that an arrangement may involve criminal property. Where they know or suspect that…

IVF treatment under the Human Fertilisation and Embryology Act 1990 requires the effective consent of both gamete providers throughout treatment. Consent may…

In care proceedings, a parent’s refusal to give evidence ordinarily permits the court to infer that the relevant allegations are true, unless there is a…

The High Court may use its inherent jurisdiction to protect and promote the welfare of an adult who lacks capacity where there is a serious justiciable welfare…

In care proceedings, relevant information must ordinarily be disclosed because non-disclosure is exceptional and requires a compelling justification. Where…

In determining a dispute between parents about childhood immunisation, the court must treat the child’s welfare as paramount and make an independent, objective…

Care proceedings involving a person liable to removal must be decided by applying the child-welfare and statutory-threshold provisions, without regard to…

A direction under section 37 of the Children Act 1989 is a focused protective measure. The court must have reasonable grounds for believing that the child is…

In care proceedings, a children’s guardian has a statutory right under Children Act 1989 section 42 to examine and copy local-authority records falling within…

An advance directive refusing medical treatment is an expression of personal autonomy and is inherently revocable. It need not be written, signed or revoked in…

Convention-rights arguments arising during pending care proceedings should normally be determined within those proceedings by the court already hearing them…

In an international relocation application, the child’s welfare remains paramount. A reasonable proposal by the primary carer carries great weight, but it…

Article 8 requires a local authority to involve parents fairly in child-protection decision-making at every stage, including after a care order has been made.…

In ancillary relief proceedings, a family court may use its inherent jurisdiction to strike out an application seeking to reopen a final consent order where no…

In a substantial-asset ancillary-relief case, equality of contributions does not automatically require equality of division. The duration of the relationship…

On an appeal by way of rehearing in care proceedings, the appellate court must review the evidence and the lower court’s decision-making exercise. It may…

A foreign adoption valid under the law of the country in which it was made may be recognised in English law, with the consequence that parental responsibility…

When an adult lacks capacity to decide about serious medical treatment, the court must determine whether the proposed treatment is in that person’s best…

An application for financial relief after an overseas divorce under Part III of the Matrimonial and Family Proceedings Act 1984 involves a threshold question…

In determining contact arrangements, the court must treat the child’s welfare as paramount and give appropriate weight to the child’s wishes and feelings…