17 Feb 2023
Leave to appeal was dismissed because the Court of Appeal correctly struck out the appeal as an abuse of process given prior proceedings and a prior Supreme Court ruling that rendered the present challenge an impermissible repetition.
21 Nov 2018
The High Court upheld the Family Court's orders because, applying the s4/s5 welfare assessment to the child's particular circumstances, the primary school placement in suburb X and the three‑week shared care cycle promoted continuity, reduced disruptive travel, preserved and balanced relationships with both family groups and biological sibling, and were therefore in the child's best interests; the overseas travel limit was amended to allow 21 days during the six‑week Christmas vacation to enable meaningful contact with overseas family.
21 Feb 2017
The applicant was entitled to a writ of habeas corpus requiring the respondent to deliver the two children to her and the Court, exercising powers under the Care of Children Act 2004 (or alternatively parens patriae), properly made consent orders implementing a detailed memorandum of arrangements for the children’s immediate welfare; costs were reserved with specified filing timelines.
28 Sept 2016
The Court held the habeas corpus jurisdiction can be engaged in custody/guardianship disputes despite the word 'detention'; s 120 CYPFA prohibits COCA guardianship and parenting orders intended to operate alongside CYPFA custody/guardianship orders, rendering the contemporaneous COCA orders invalid; rather than issue a writ the matter should be transferred to the Family Court under s 13(2) of the Habeas Corpus Act and, under the High Court's parens patriae jurisdiction, the existing care arrangements are to continue temporarily pending Family Court determination.
10 Jul 2014
Because the appellant did not pay the security for costs fixed by the Court and had not actually applied for legal aid so as to postpone the obligation, the appeal is treated as having been abandoned under s 74 of the District Courts Act 1947, and the Court therefore had no power to consider the merits.
16 Dec 2011
On the evidence the Family Court correctly found the allegations of physical and sexual abuse unproven on the balance of probabilities, experts and independent supervisors did not support a finding of sexual abuse, police and CYF investigations did not substantiate the allegations, and there is no real or unacceptable risk that the father will sexually abuse the child; therefore staged reinstatement of contact with initial supervision and the existing parenting order (with amendments) is appropriate; matter remitted for a s133 psychological assessment before any change of primary care.
27 Jun 2011
Leave to appeal was refused because the offending was very serious, the guilty plea was entered very late (almost two years after charge) and only a modest plea discount was warranted; no miscarriage of justice was demonstrated.
5 Nov 2008
Although the applicant won the appeal, the Court exercised its discretion to deny costs because the respondent had reasonable grounds to initiate habeas corpus proceedings in the context of an abducted child, the applicant no longer had custody by the time of hearing, and the child was subsequently found and the applicant prosecuted, rendering an award of costs inappropriate.
8 May 2007
Leave to appeal was refused because, on the merits and for the reasons given by the Court of Appeal, the proposed appeal could not succeed.