Family Law Hub

Without Notice

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  • The mother had applied without notice for a specific issue order for the father to return their two children to her care, asserting that he had retained them at the conclusion of an agreed period of contact. After the matter was listed on notice to the father, he told the court that he had not returned the children due to concerns about their welfare. No substantive order was made at that hearing. The mother now applied for a costs order. In the view of HHJ Middleton-Roy, this was not a case where it would be appropriate to depart from the general principle that each party should bear their own costs. There would be no order as to costs. He noted with approval that the parties had now agreed to attend therapeutic mediation with a view to improving the communication between them and to resolve issues in respect of the children. Judgment, 25/09/2020, free
  • Leave to apply for financial relief had been granted to the wife at an ex parte hearing under Part III of the Matrimonial and Family Proceedings Act 1984. The husband applied to set it aside. The parties lived only in Russia throughout the marriage, and had become very wealthy during the 1990s. There had been a blizzard of litigation since the divorce. The husband alleged that Cohen J had been materially misled by the wife's representatives when making the order. Cohen J regretted having been persuaded to hear the application without notice, and decided that the grant of leave was indeed given as a result of the court being misled, . The leave to apply for financial relief was set aside. The wife's application was considered afresh and dismissed. Her case was not appropriate for determination in England and Wales. Judgment, 12/11/2019, free
  • Application by the W for the continuation of an ex parte freezing order made against the H, where the W had obtained documentation relating to the H's assets illegitimately. Application declined. Mostyn J appended to the judgment standard examples of freezing and search orders which were considered by the President and authorised to be promulgated for general use (these example orders are also listed under Precedents). Judgment, 26/06/2013, free

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