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  • Seven Justices appointed to the High Court The appointments will take effect from 3 September 2019 and 1 October 2019 respectively. News, 13/08/2019, free
  • R v P (No 2) [2019] EWHC 2175 (Fam) The mother applied to change the daughter's surname to that of her second husband. As well as applying for contact under article 21 of the Hague Convention, the father wanted to know the daughter's school and GP. He had a history of violent and threatening behaviour towards the mother and child. Theis J decided that the mother should be permitted to withhold that information, but refused the application to change the daughter's surname, because such a step would not meet her welfare needs. Judgment, 13/08/2019, free
  • Joy v Joy [2019] EWHC 2152 (Fam) The issue was whether or not Cohen J should determine, almost certainly by its dismissal, the wife's application for capital orders against the husband or whether he should further adjourn her capital claims. The husband had settled a trust with a very large sum of money, from which he had been irrevocably excluded after the marriage had broken down, and was in arrears with his periodical payments, but was living comfortably. Cohen J found that dismissing the wife's capital claims would be a matter of last resort, and adjourned them, with the proviso that they would be dismissed unless an application to restore them was made by 31 July 2022. Judgment, 07/08/2019, free
  • R (A Child: Appeal: Termination of Contact) [2019] EWHC 132 In a tweet: Appeal by father against a decision to order only indirect contact between he and his son part allowed in complex Children Act proceedings with a private and public law interface. Case note, 06/08/2019, members only
  • Re C (A Child) [2019] EWHC 131 Case note for Re C (A Child) [2019] EWHC 131. Case note, 06/08/2019, members only
  • Shokrollah-Babaee v Shokrollah-Babae [2019] EWHC 2135 (Fam) Whether a judge who conducted an FDR appointment in protracted financial remedy proceedings could later hear applications in relation to the substantive order made in those same proceedings. The hearing was well under way when the husband reminded Holman J of the earlier FDR appointment. Both parties urged the judge to waive the rule, making reference to the overriding objective. He held that any waiver would run totally contrary to the absolute prohibition that the rule currently provides, and brought the hearing to a complete halt. It would have to be heard from scratch before another judge. Judgment, 05/08/2019, free
  • Power v Vidal [2019] EWHC 2101 (Fam) The petitioner wished to remarry, but the decree abolute could not be found, by him, or by the court, the files having apparently been destroyed. The former wife was able to find her copy. Mostyn J made a declaration that the former wife's copy was an authentic and accurate copy of a certified copy, and the marriage had indeed been dissolved. Judgment, 01/08/2019, free
  • Cowan v Foreman & Ors [2019] EWCA Civ 1336 The couple married in 2016 after a long relationship, and the husband died later that year. The appeal was concerned with whether an application under s 2 of the Inheritance (Provision for Family and Dependants) Act 1975 could be made out of time, whether a beneficial interest under a discretionary trust instead of outright provision amounted to reasonable financial provision, and the relevance of a "stand-still agreement" in place while an out of court settlement was pursued. Asplin LJ found that the explanation for the lapse of time in this case was clear, and it had been wrong of the judge to find that the wife had received sufficient advice about the time limit and the 1975 Act. King LJ and Baker LJ agreed. The court exercised the power in s 4 of the 1975 Act to allow the wife to bring a claim out of time. Judgment, 31/07/2019, free
  • TK v SK (Children: Fact finding: Serious Domestic Abuse [2018] EWFC B81 Case note regarding a fact-finding hearing in which the mother’s allegations against the father were all made out. Case note, 30/07/2019, members only
  • W v L (Forum Conveniens) [2019] EWHC 1995 (Fam) The mother applied for a declaration that the child was habitually resident in the jurisdiction of England and Wales, and for orders that would prohibit the father from removing the child from her care or from that jurisdiction, in circumstances where the Sweileh Sharia Court of Jordan had issued a without notice order requiring her to place the child in the father's care immediately. MacDonald J was wholly satisfied that the child was habitually resident in the jurisdiction of England and Wales, and thus the court had jurisdiction in relation to matters of parental responsibility. It was in the child's best interests for the English court to decide the welfare issues between the parents. Judgment, 30/07/2019, free

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