Source: All England Reporter
Publisher Citation: [2017] All ER (D) 35 (Nov)
Neutral Citation: [2017] EWHC 2752 (Fam)
Court: Family Division

MacDonald J

Representation Teerhta Gupta QC for the mother.
  The father appeared in person.
  Alev Giz for the children.
Judgment Dates: 3 November 2017


Family proceedings - Orders in family proceedings - Return order

The Case

Family proceedings Orders in family proceedings. A High Court judge had power, under FPR 4.1(6), to set aside a return order made under the inherent jurisdiction by another High Court judge where no error of the court was alleged, but where there had been a material change of circumstances or a material non-disclosure that went to the welfare of the child. However, the Family Division held that, on the evidence, the power should not be exercised in the present case to set aside the order for the mother to return the children to the jurisdiction.

Practice Areas

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