see also: Residence - Children Act 1989
Case summary | Title | Reference |
| Access - Custody of child given to mother - Parents holding conflicting religious views | Wright v Wright | (1981) 2 F.L.R. 276 |
| Access - Preferable not to define - If defined in detail may cause difficulties | L v L (Interim Custody: Access) | (1980) 1 F.L.R. 396 |
| Appeal - Appeal from magistrates' court to Divisional Court - Nature of appeal | P v P (Minors: Custody Appeal) | [1984] F.L.R. 99 |
| Appeal - Children - Custody | A v A (Custody Appeal: Role of Appellate Court) | [1988] 1 F.L.R. 193 |
| Appeal - Children - Custody and care | Re W and W (Minors) | [1984] F.L.R. 947 |
| Appeal - Court of Appeal - Discretion as to admission of further evidence Appeal | G v G (Minors: Custody Appeal) | [1985] F.L.R. 894 |
| Appeal - Custody of child - Matter for discretion of judge | Clode v Clode | (1982) 3 F.L.R. 360 |
| Appeal - Function of appellate court - Appeal from discretionary jurisdiction | G v G (Minors: Custody Appeal) | [1985] F.L.R. 70 |
| Care - Child cared for by grandmother for most of first 11 months of child's life - Custody transferred to mother | D v X City Council (No. 2) | [1985] F.L.R. 279 |
| Child - Care and control - Child in custody of mother for first 6 years | Bates v Morley | (1982) 3 F.L.R. 244 |
| Child - Child taken into care because of allegations of sexual abuse by father - Judge finding on balance of probabilities that sexual abuse had taken place and might be repeated | Re B (A Minor) (Child Abuse: Custody) | [1990] 2 F.L.R. 317 |
| Child - Custody - Application for adjournment | Wilson v Wilson | [1986] 2 F.L.R. 104 |
| Child - Custody - Care order | Re Y (A Minor) | [1985] F.L.R. 294 |
| Child - Custody - Child "snatched" by one parent from the actual custody of the other | Jenkins v Jenkins | (1980) 1 F.L.R. 148 |
| Child - Custody - Consent order granting custody to mother | Townson v Mahon | [1984] F.L.R. 690 |
| Child - Custody - Contested applications for care and control of child | C v C (A Minor) (Custody: Appeal) | [1991] 1 F.L.R. 223 |
| Child - Custody - Father caring successfully for young child after breakdown of marriage | B v B (Custody of Children) | [1985] F.L.R. 166 |
| Child - Custody - Interim order | Edwards v Edwards | [1986] 1 F.L.R. 187 |
| Child - Custody - Interim order | Edwards v Edwards | [1986] 1 F.L.R. 205 |
| Child - Custody - Interim order | Re J (A Minor) (Interim Custody: Appeal) | [1989] 2 F.L.R. 304 |
| Child - Custody - Joint custody to both parents with care and control to mother | Hurst v Hurst | [1984] F.L.R. 867 |
| Child - Custody - Judge awarding custody to father | Scott v Scott | [1986] 2 F.L.R. 320 |
| Child - Custody - Matrimonial home in Japan | Maynard v Maynard | [1984] F.L.R. 85 |
| Child - Custody - Mother abandoning 7-month-old child | Stephenson v Stephenson | [1985] F.L.R. 1140 |
| Child - Custody - Mother leaves child aged 11 months in care of father | B v B (Custody of Child) | [1985] F.L.R. 462 |
| Child - Custody - Mother leaving matrimonial home | Allington v Allington | [1985] F.L.R. 586 |
| Child - Custody - Mother leaving young child with father for about a year then seeking custody | L v L (Custody of Child) | (1981) 2 F.L.R. 48 |
| Child - Custody - Order for joint custody | Riley v Riley | [1986] 2 F.L.R. 429 |
| Child - Custody - Order involving change of custody | S v S (Custody Order: Stay of Execution) | [1986] 1 F.L.R. 492 |
| Child - Custody - Parents separate | Re W (A Minor) (Custody) | (1983) 4 F.L.R. 492 |
| Child - Custody - Welfare officers' reports | Cadman v Cadman | (1982) 3 F.L.R. 275 |
| Child - Custody - Welfare report | Note Thompson v Thompson | [1986] 1 F.L.R. 212 |
| Child - Custody and access - Artificial insemination | A v C | [1985] F.L.R. 445 |
| Child - Divorce - Declaration that party to marriage unfit to have custody of child | B v B (Declaration of Unfitness) | (1982) 3 F.L.R. 187 |
| Child - Interim custody - Very young child | Re B (A Minor) (Interim Custody) | (1983) 4 F.L.R. 683 |
| Child - Interim custody order - Child "snatched" from parent who has brought up the child | W v D (Interim Custody Order) | (1980) 1 F.L.R. 393 |
| Child - Interim custody order - Parents separate and children go with mother | Re R (Minors) (Interim Custody Order) | (1981) 2 F.L.R. 316 |
| Child in care - Custody - Access | Re D (A Minor) (Child in Care: Custody: Access) | [1988] 2 F.L.R. 106 |
| Child in care - Jurisdiction of county court in matrimonial proceedings - Parent applying in divorce proceedings for revocation of care orders and custody | Re W (Children in Care: Access) | [1989] 1 F.L.R. 47 |
| Child in care - Jurisdiction of Divorce Court to make an order as to custody. | E v E and Cheshire County Council (No. 1) | (1980) 1 F.L.R. 42 |
| Child in care - Power of Divorce Court to make order as to custody or care and control. | E v E and Cheshire County Council (No. 2) | (1980) 1 F.L.R. 73 |
| Children - Access - Canadian court granting custody, care and control to mother and access to father | B v B (Minors) (Access: Jurisdiction) | [1988] 2 F.L.R. 6 |
| Children - Application for custody - Judge interviewing children privately | Elder v Elder | [1986] 1 F.L.R. 610 |
| Children - Application for custody and access -Conciliation appointment before registrar | Practice Direction Children - Custody and Access: Conciliation | (1982) 3 F.L.R. 448 |
| Children - Application to take children out of the jurisdiction - Joint custody of two boys with care and control to the mother and reasonable access to the father | Tyler v Tyler | [1989] 2 F.L.R. 158 |
| Children - Application to take out of jurisdiction - Custody given to mother on divorce | Barnes v Tyrrell | (1982) 3 F.L.R. 240 |
| Children - Application to take out of jurisdiction - Mother given custody of children on divorce | Chamberlain v De La Mare | (1983) 4 F.L.R. 434 |
| Children - Application to take out of jurisdiction - Mother given custody of children on divorce | Lonslow v Hennig (formerly Lonslow) | [1986] 2 F.L.R. 378 |
| Children - Both parents seeking custody - Protracted hearing interrupted by adjournments | M v M (Custody Application) | [1988] 1 F.L.R. 225 |
| Children - Care - Committal to care in custody proceedings | R v G and Surrey County Council | [1984] F.L.R. 780 |
| Children - County court in divorce proceedings making custody and access orders - Juvenile court subsequently making a care order | G v G (Devon County Council Intervening) | [1989] 2 F.L.R. 73 |
| Children - Custody - Appeal against refusal to transfer family proceedings from a county court to the High Court | Re P (Minors: Appeal on Refusal to Transfer) | [1990] 2 F.L.R. 335 |
| Children - Custody - Application to take children out of jurisdiction | Hurwitt v Hurwitt | (1982) 3 F.L.R. 194 |
| Children - Custody - Children of the family | Bowley v Bowley | [1984] F.L.R. 791 |
| Children - Custody - Children with father | Re R (Minors) (Custody) | [1986] 1 F.L.R. 6 |
| Children - Custody - Cross-applications by parents for custody | Re B (Minors) (Custody) | [1991] 1 F.L.R. 137 |
| Children - Custody - Delay of 9 months awaiting welfare report | Plant v Plant | (1983) 4 F.L.R. 305 |
| Children - Custody - Disturbing status quo | Clarke-Hunt v Newcombe | (1983) 4 F.L.R. 482 |
| Children - Custody - Family living in former matrimonial home | M v M (Welfare Reports) | [1989] 2 F.L.R. 354 |
| Children - Custody - Interim order | Re B (Minors) (Wardship: Interim Care and Control) | (1983) 4 F.L.R. 472 |
| Children - Custody - Interim order | Re W and W (Interim Custody) | (1983) 4 F.L.R. 686 |
| Children - Custody - Order giving custody to father and care and control to mother | Caffell v Caffell | [1984] F.L.R. 169 |
| Children - Custody - Parents and children living in Italy | M v M (Custody of Children) | (1983) 4 F.L.R. 603 |
| Children - Custody - Parents members of cult of scientology | Re B and G (Minors) (Custody) | [1985] F.L.R. 134 |
| Children - Custody - Parents members of cult of scientology | Re B and G (Minors) (Custody) | [1985] F.L.R. 493 |
| Children - Custody - Parents separate | Pountney v Morris | [1984] F.L.R. 381 |
| Children - Custody - Parents separated and divorced | Adams v Adams | [1984] F.L.R. 768 |
| Children - Custody and care and control - Both parents seeking care and control | Hoey v Hoey | [1984] F.L.R. 334 |
| Children - Custody of brother and sister - Parents divorced | C v C (Minors: Custody) | [1988] 2 F.L.R. 291 |
| Children - Wardship and custody proceedings - Evidence | Practice Direction Family Division: Independent Welfare Reports | (1983) 4 F.L.R. 450 |
| Costs - Legal aid taxation - Appellant mother applying for custody of child | Note Re D (Costs) | [1985] F.L.R. 876 |
| Custody - Joint custody order with care and control to father and generous access to mother - Both parents capable and competent but having conflicting values and standards in bringing up children | May v May | [1986] 1 F.L.R. 325 |
| Custody - Access - Illegitimate children in voluntary care | Re M and H (Minors) (Parental Rights; Access) | [1988] 2 F.L.R. 431 |
| Custody - Appeal - Application by young father for custody of baby son | Re M (A Minor: Custody Appeal) | [1990] 1 F.L.R. 291 |
| Custody - Appeal - Border-line case | T v T (Minors: Custody Appeal) | [1987] 1 F.L.R. 374 |
| Custody - Care and control to father - Custody to mother | Williamson v Williamson | [1986] 2 F.L.R. 146 |
| Custody - Child living with mother in lesbian household - Father unable to have custody | Re P (A Minor) (Custody) | (1983) 4 F.L.R. 401 |
| Custody - Contested custody applications made in Scotland by young unmarried parents - Mother caring successfully for baby | Brixey v Lynas | [1996] 2 F.L.R. 499 |
| Custody - Contested proceedings - Welfare officers' report recommending grant of custody to mother | W v W (A Minor: Custody Appeal) | [1988] 2 F.L.R. 505 |
| Custody - Daughter living with father - Both parents suitable for looking after child | M v M (Transfer of Custody: Appeal) | [1987] 2 F.L.R. 146 |
| Custody - Guardianship proceedings - Putative father granted interim care and control of child upon an ex Parte application | Re W (A Minor) (Interim Custody) | [1990] 2 F.L.R. 86 |
| Custody - Interim order - Wardship | Re W; Re L (Minors: Interim Custody) | [1987] 2 F.L.R. 67 |
| Custody - Interim order giving mother and father joint custody and joint care and control of child - Order meaning child would spend one week with mother and one week with father | J v J (A Minor) (Joint Care and Control) | [1991] 2 F.L.R. 385 |
| Custody - Joint custody order - Direction that children not be removed from jurisdiction | Re P (Minors) (Custody Order: Penal Notice) | [1990] 2 F.L.R. 223 |
| Custody - Judge awarding custody of girl aged 6 to mother - No presumption requiring the mother to be considered as primary caretaker in preference to father | Re A (A Minor) (Custody) | [1991] 2 F.L.R. 394 |
| Custody - Judge deciding on future of child on final basis whilst deferring matter of matrimonial home to registrar - Position of matrimonial home remaining uncertain | Re B (A Minor: Custody) | [1991] 2 F.L.R. 405 |
| Custody - Judge making ex parte order transferring interim custody from mother to father - Mother appealing | Re H (A Minor) (Interim Custody) | [1991] 2 F.L.R. 411 |
| Custody - Jurisdiction - Father removing child from Scottish matrimonial home without mother's knowledge or consent | T v T (Custody: Jurisdiction) | [1992] 1 F.L.R. 43 |
| Custody - Mother dying - Child made ward of court | Re H (A Minor) (Custody: Interim Care and Control) | [1991] 2 F.L.R. 109 |
| Custody - Order giving care and control of young child to paternal uncle and aunt - No complaints about mother's capacity of care | Re H (A Minor: Custody) | [1990] 1 F.L.R. 51 |
| Custody - Parents separating - Mother taking baby daughter and leaving young son in father's care | B v T (Custody) | [1989] 2 F.L.R. 31 |
| Custody - Proper principles to be applied when making orders for the legal custody of a child - The element of risk involved | W v P (Justices' Reasons) | [1988] 1 F.L.R. 508 |
| Custody - Split custody order - Mother appealing against the order contending there had been material changes since the making of the order to which the judge had failed to pay proper regard Welfare report | Re P (Custody of Children: Split Custody Order) | [1991] 1 F.L.R. 337 |
| Custody - Whether young children should be with mothers - Whether presumption that one parent preferred to another parent for purpose of looking after child | Re S (A Minor) (Custody) | [1991] 2 F.L.R. 388 |
| Custody of child - Both parents regarded as suitable to have actual custody - Difficulties over access created by the mother no reason to justify removing a young child from the care of mother. Access | M v M | (1980) 1 F.L.R. 77 |
| Custody of child - Court finds future step-father a danger to the child - Evidence to support that finding | Hutchinson v Hutchinson | (1981) 2 F.L.R. 167 |
| Custody of child - Mother a Jehovah's Witness - Mother having care and control of child by agreement of parties | Jane v Jane | (1983) 4 F.L.R. 712 |
| Custody of child - Mother a Jehovah's Witness - Narrow upbringing | Re H (A Minor) (Custody: Religious Upbringing) | (1981) 2 F.L.R. 253 |
| Custody of child - Welfare Report - Recommendation | Re T (A Minor) (Welfare Report Recommendation) | (1980) 1 F.L.R. 59 |
| Custody of Children - Interim order - Appeal | G v G (Interim Custody: Appeal) | (1983) 4 F.L.R. 327 |
| Custody of children - Judge finds neither parent satisfactory - Custody granted to mother subject to conditions | B v B (Custody: Conditions) | (1980) 1 F.L.R. 385 |
| Custody of children - Mother a Jehovah's Witness - Narrow upbringing | Re T (Minors) (Custody: Religious Upbringing | (1981) 2 F.L.R. 239 |
| Custody of children - Mother having lesbian relationship with another woman - No possibility of children being led into deviant sexual ways if mother given custody | S v S (Custody of Children) | (1980) 1 F.L.R. 143 |
| Custody of children - Mother leaves two young children with father - Consent order made giving custody to father | Rostron v Rostron | (1982) 3 F.L.R. 270 |
| Custody of children - Neither parent currently suitable to have custody - Propriety of care order | W v W and Hampshire County Council | (1981) 2 F.L.R. 68 |
| Custody of children - Two children with father one child with mother - Elder of two children with father likely to be bad influence on younger | D v D (Custody of Child) | (1981) 2 F.L.R. 74 |
| Custody of, and access to, children: Conciliation - Previous Practice Directions relating to contested applications for custody and access amended - To now include some guardianship and wardship proceedings | Practice Direction Custody of, and Access to, Children: Conciliation | [1984] F.L.R. 956 |
| Custody, care and control of children - Mother leaving father to live with woman in lesbian relationship - Factors to be taken into account in deciding whether mother or father should have care and control of child | B v B (Minors) (Custody, Care and Control) | [1991] 1 F.L.R. 402 |
| Divorce - Custody - Access | Belton v Belton | [1987] 2 F.L.R. 343 |
| Divorce - Financial and custody proceedings - Matrimonial home only substantial family asset | Anthony v Anthony | [1986] 2 F.L.R. 353 |
| Divorce - Mothers and children living abroad when decree nisi granted - Mothers applying for custody orders without giving undertakings to return children to jurisdiction if required by court to do so | Armstrong v Armstrong; Huff v Huff | [1986] 1 F.L.R. 95 |
| Enforcement - Custody order - Police involvement in enforcement | R v Chief Constable of Cheshire ex parte K | [1990] 1 F.L.R. 70 |
| Enforcement - Foreign order - Order of foreign court providing for staying access | Re H (A Minor) (Foreign Custody Order: Enforcement) | [1994] 1 F.L.R. 512 |
| Estoppel - Custody order made in undefended divorce - Husband not father of the children | Rowe v Rowe | (1980) 1 F.L.R. 166 |
| Family proceedings - Final order in divorce proceedings granted custody to mother and access to father - Subsequent residence order application made by father | Re M (Minors) (Judicial Continuity) | [1993] 1 F.L.R. 903 |
| Human rights - Child in care of grandparents after death of mother - Access and subsequently custody of child granted to father | Hokkanen v Finland | [1996] 1 F.L.R. 289 |
| Human rights - Transfer of custody - Rights protected by Art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 | MOSER v AUSTRIA [European Court of Human Rights] | [2007] 1 F.L.R. 702 |
| Jurisdiction - Custody - Contested custody proceedings taking place in different jurisdictions | D v D (Custody: Jurisdiction) | [1996] 1 F.L.R. 574 |
| Jurisdiction - Custody - Parents living in England prior to separation | Re M (Minors) (Custody: Jurisdiction) | [1992] 2 F.L.R. 382 |
| Jurisdiction - Custody proceedings commenced in the Scottish court - Mother removing child from father's care and moving to England | S v S (Custody: Jurisdiction) | [1995] 1 F.L.R. 155 |
| Jurisdiction - Enforcement - Breach of child custody provisions of Texan divorce decree | WHYTE v WHYTE [Court of Appeal] | [2006] 1 F.L.R. 400 |
| Parental responsibility - Education - Father having custody, care and control of son arranging for him to go to local education authority boarding-school without informing mother | Re G (Parental Responsibility: Education) | [1994] 2 F.L.R. 964 |
| Periodical payments - Application not to be dismissed without consent of applicant - Alternative forms of order available to the court Custody of child | Dipper v Dipper | (1980) 1 F.L.R. 286 |
| Practice - Access and custody proceedings - Judge seeing court welfare officers privately before trial in absence of parties or their representatives | Re C (A Minor: Irregularity of Practice) | [1991] 2 F.L.R. 438 |
| Practice - Access proceedings - Practice of welfare officers requesting private interview with the judge before hearing concerning custody and access matters | Re B (A Minor) (Irregularity of Practice) | [1990] 1 F.L.R. 300 |
| Practice - Custody proceedings - Welfare report | H v H (Irregularity: Effect on Order) | (1983) 4 F.L.R. 119 |
| Practice - Judge making findings of fact - Case coming before another judge for further consideration and other judge qualifying earlier judge's findings of fact | Re B (Minors) (Custody) | [1990] 1 F.L.R. 415 |
| Practice - Justices' reasons - Reasons should be formulated without reference to contents of notice of appeal Custody of children | Faulkner v Faulkner | (1981) 2 F.L.R. 115 |
| Prison - Mother sentenced to youth custody - Mother and baby placed in unit at open prison | R v The Secretary of State for the Home Department ex parte Hickling and JH (A Minor) | [1986] 1 F.L.R. 543 |
| Procedure - Custody - Court making consent order for custody of child | Re F (A Minor) (Custody: Consent Order: Procedure) | [1992] 1 F.L.R. 561 |
| Procedure - Divorce - Custody | D v D (Divorce: Custody: Procedure) | [1989] 1 F.L.R. 297 |
| Procedure - Justices making an order of legal custody - Justices' reason | Re B (A Minor) (Justices' Reasons) | [1990] 1 F.L.R. 344 |
| Removal of children from jurisdiction - When children taken abroad practical though not legal advice on recovery of custody available - Foreign and Commonwealth Office Consular Department | Practice Note Removal of Children from Jurisdiction | [1984] F.L.R. 866 |
| Residence - After divorce proceedings joint custody order granted to parents with care and control to mother - Mother leaving child in care of grandparents | Re W (A Minor) (Residence Order) | [1993] 2 F.L.R. 625 |
| Residence - Interim order - Mother having custody, father having staying access | Re G (Minors) (Ex parte Interim Residence Order) | [1993] 1 F.L.R. 910 |
| Supplementary Benefit - Separated spouses - Each has custody of one child of the marriage | Windas v Bell | (1981) 2 F.L.R. 109 |
| Wardship - Application by father for care and control of child aged six - Child brought up by mother from birth except for six months when he lived with father | Re C (A Minor) (Custody of Child) | (1981) 2 F.L.R. 163 |
| Wardship - Care and control - Mother committing suicide | Re K (A Minor) (Custody) | [1990] 2 F.L.R. 64 |
| Wardship - Limits of jurisdiction - Whether court having power to make custody order under Family Law Act 1986 | F v S (Wardship: Jurisdiction) | [1991] 2 F.L.R. 349 |
Last updated - 17 Jan 2008 - 139 items