High Court: Family Division judgments, 2005

Habitual residence depends principally on voluntary settlement in a country for a settled purpose over an appreciable period. Temporary absences and restricted…

In Hague Convention return proceedings, ordinary welfare considerations do not determine an Article 13(b) defence. The court must require clear and compelling…

A parent will ordinarily be involved in, or informed about, decisions concerning a child in care. That principle is subject to exceptional circumstances. The…

When assessing K (Arranged marriage) threshold under the Children Act 1989, the court must apply the objective standard of reasonable parenting while remaining…

Whether property constitutes an anti-nuptial settlement depends on the real substance of the arrangement and whether it provides continuing provision for one…

In public law children proceedings, an earlier finding may be reviewed through three stages: permission to reconsider it, directions regulating the evidence…

In ancillary relief proceedings, property claimed by a spouse but legally owned by a third party must be determined under ordinary property law, with the same…

The High Court may determine a putative child’s age within wardship proceedings where that issue is necessary to establish or confirm its protective…

In determining a child-related application, the court must treat the child’s welfare as the paramount consideration. A limited step which is necessary to…

Where an ex parte injunction affects a person served with or given notice of it, that person is entitled to proper information about the evidence and material…

In ancillary relief proceedings involving criminal assets, a confiscation order must be taken into account when assessing the parties’ financial resources and…

In deciding treatment for an adult who lacks capacity, the court must determine what is in the patient’s best interests. That assessment extends beyond medical…

Declaratory relief concerning a child’s medical treatment ordinarily determines the course of treatment once and for all. Exceptionally, it may address a…

In determining arrangements for a child recovered after prolonged international abduction, the child’s welfare remains the paramount consideration. Moral…

When a party seeks an injunction restricting identification of a defendant in criminal proceedings to protect a child’s Article 8 rights, the court must…

Adoption is an order of last resort. Separation from natural parents is lawful only where necessary and proportionate, and no less radical order can promote…

Foreign custody orders within the European Convention must be enforced unless a stringent exception is established. A change of circumstances, including the…

An adult lacking capacity to marry may be protected by final injunctive relief under the inherent jurisdiction where necessary to safeguard her best interests.…

A local authority’s duty to share relevant information about a child’s health with the child’s parents does not generally require disclosure of a foster…

Properly constituted care proceedings under Children Act 1989 Part IV remain lawful until concluded or withdrawn. The absence of a party seeking a care or…

Applications to restrain reporting of criminal proceedings engage the competing rights under Articles 8 and 10 of the ECHR. Neither right has automatic…

In deciding whether parental consent to adoption is withheld unreasonably, the court applies an objective standard. The question is whether a reasonable parent…

At an interim hearing concerning covert filming of schoolchildren, the court had to balance the children’s Article 8 rights against the broadcaster’s Article…

Where a vulnerable adult may lack capacity to decide whether private information should be published, the court must first determine capacity, then consider…

In Hague Convention proceedings, an English court should not go behind a clear and apparently appropriate custody order made by a competent court of another…

Procedural fairness under Article 8 requires parents to be involved in local-authority child-protection decision-making to a degree sufficient to protect their…

Under Article 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction 1980, the court must focus on whether the child who is the…

Where a child lacks capacity, treatment decisions must be made according to the child’s best interests. Parental wishes deserve profound respect and…

In a short, childless and wealthy marriage, a financial award should be determined by the statutory fairness exercise, having regard to all the circumstances.…

In a high-income ancillary-relief case, periodical payments may exceed the recipient’s generously assessed needs where surplus income can help achieve a…

Habitual residence is a fact-sensitive concept. It requires residence adopted voluntarily for a settled purpose, but not continuous physical presence. A person…

In care proceedings, disputed facts must be proved on the balance of probabilities. A serious allegation does not attract a higher standard, although its…

On an appeal concerning costs in ancillary relief proceedings, the court must apply the Calderbank-offer rules together with the requirement to consider all…

The family court and the Special Educational Needs and Disability Tribunal perform separate statutory functions when deciding issues concerning a child’s…

In care proceedings, serious allegations must be proved on the balance of probabilities. The cogency required depends on the seriousness of the allegation, but…

An agreement concerning matrimonial finances is a circumstance to which the court must have regard when exercising its statutory ancillary-relief discretion.…