Marilyn Stowe Blog

Archive for the Court of Appeal tag

Mother wins appeal in fraught contact case

A mother who discovered that her former partner had a rape conviction after they separated has won an appeal against extended contact arrangements.

In A (a child), the couple had separated after what was described as “rather volatile

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Imprisoned mother wins appeal against care order

A mother serving a three year sentence for burglary has won an appeal against a ruling that her youngest child should be taken into care.

In Re L (A Child), the woman’s two older children had already been removed from her

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Court rejects bid to appeal overseas divorce ruling

A Bulgarian national has been refused permission to appeal a court ruling that overseas divorce proceedings should not be recognised. in the UK.

Yordanova and Iordanov concerned the marriage of the man to a Russian woman at the

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Teenager fails in appeal against his own care hearing

The welfare of children is a central concept in family law. As mighty and impersonal as the machinery of law may sometimes seem, it has in fact been carefully calibrated to protect the interests of – and be sensitive to the needs of – those children unfortunate

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Father regains right to supervised contact with his children

A father has regained the right to supervised contact with his two children at a Court of Appeal hearing.

The man had only been allowed supervised contact due to concerns that he might try to take the children back to his home country. However, when the contact centre involved

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Appeal against ‘fact finding’ conclusions in family contact case dismissed

The Court of Appeal has dismissed a claim against ‘findings of fact’ in a case concerning contact between a father and his children.

The case of M (Children) concerned a number of conclusions reached by Judge Hilary Watson in

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Former Arsenal captain Cesc Fabregas intervenes in girlfriend’s divorce battle

Spanish footballer Francesc ‘Cesc’ Fabregas has offered to buy the Belgravia home of girlfriend Daniella Semaan, after her ex-husband was ordered to sell the property by a divorce court.

The 25 year-old midfielder for FC Barcelona offered £5.4 million for the flat according to media

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Ecotricity founder fights former wife’s maintenance claim

The founder of green energy company Ecotricity is fighting a claim for maintenance from the wife he divorced more than 20 years ago.

Dale Vince, now 51, founded the successful wind energy supplier in 1995, three years after completing his divorce from Kathleen Wyatt. The company, based in in Stroud,

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Permission to appeal care order granted after judge declares earlier ruling too ‘draconian’

A Court of Appeal judge has granted a mother permission to make a second appeal against a care order after an earlier appeal was dismissed.

In G (A Child), an eight year-old boy was taken into care after concerns were raised about the care provided by his mother.

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Court dismisses father’s appeal over sexual abuse findings

The Court of Appeal has dismissed an appeal by a stepfather accused of sexual abuse.

In A-H (Children), a 13 year-old girl claimed she had been sexually abused by the man for the previous two years. A paediatric examination supported her claims and in March

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Mother succeeds in appeal against placement order

A mother whose four children have been taken into care has succeeded in an appeal against the placement of the youngest with her mother.

In Re N, the local authority had stepped in due to the mother’s history of violent relationships

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Husband fails in bid to appeal divorce

A husband has failed in his bid to appeal a divorce with a “complex and highly unusual history”.

Mark Howell had sought permission to appeal a ruling that his marriage had “irretrievably broken down” by Judge Horowitz QC last December. Mr Howell and his

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Senior judge condemns legal aid cuts

Recently retired Court of Appeal judge Sir Alan Ward used one of his final cases to condemn the government’s ‘emasculation’ of legal aid.

The judge raised the issue during a judgement issued in December on a dispute between

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Teenage boy fails in bid to testify in court

A 15 year old boy who wanted to testify in court regarding a care order has lost his appeal.

The boy and with his younger half-sibling were put into care due to concerns of

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Father accused of harassment towards foster placement loses appeal

A father who was believed his adopted daughter had been wrongly placed in foster care has lost his appeal against a suspended prison sentence.

In B (A Child) the father believed a decision to make the 16 year-old girl the subject of a

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Court of Appeal awards grandmother care of baby born to mother with mental health issues

The Court of Appeal has made interim residence and supervision orders, granting care of a baby to a grandmother.

In Re S the mother suffered mental health problems in pregnancy and was unable to care for her baby after the birth. The mother was admitted to hospital under Section 3

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Relocation and responsibility: two children’s cases by guest blogger Danielle Day

The recent case of Re RC and JC concerned the abduction of two young children aged two and three.
The mother was Australian while the father is British by birth but is a permanent resident of Australia. The parties married in Australia and lived in Melbourne until 2010 when they returned to

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Businessman fails in bid to prevent divorce after map-reading row

A property investor whose wife divorced him after an argument over map reading has been refused permission to appeal an order granting her a divorce.

Mark Howell, from Kennington in south London, rowed with his wife Nalini during a

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Court of Appeal dismisses contact appeal following abuse

The Court of Appeal has dismissed an appeal from two parents who lost custody of their children following abuse.

In Re M, the couple’s four children were removed from the family home after abuse described as ‘torture’ in case documents. The children were placed in care and the local

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Marital settlements: single lump sums vs multiple lump sums

A new judgement delivered by Mrs Justice Baron, sitting with Lord Justices Thorpe and Kitchin, was published by the Court of Appeal yesterday. It involves a relatively small sum of money, but also some tricky money-based family law.

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Court of Appeal refuses request for expert in biomechanical engineering

The Court of Appeal has refused a father permission to call an expert in biomechanical engineering as a witness in care proceedings.

The case – Re TG (A Child) – concerned a child who suffered multiple injuries 12 days after

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Supreme Court rules in favour of disclosure

A fascinating judgement has been handed down today by the Supreme Court in the case of In the Matter of Re A (A Child) 2012. What makes this case so fascinating is the application of the Human Rights Act 1998 to the case.

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Never be bullied into silence. Never allow yourself to be made a victim. Accept no one's definition of your life; define yourself.

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About Marilyn

Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.

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Note

All persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients. All advice and information on this blog including posts written by guest authors, is given only as a general guide to the operation of the law on the date of publication. Readers must place no reliance whatsoever on the content of this blog and must always obtain their own legal advice. Marilyn Stowe, Stowe Family Law LLP and guest authors accept no liability whatsoever arising as a result of reliance upon its content.

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