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ABDUCTION:Re H [2012] EWCA Civ 913

Date:20 JUL 2012
Law Reporter

(Court of Appeal, Thorpe, Rimer, Black LJJ, 28 May 2012)

When the parents separated they agreed that the father would have primary care of their child in Malta and for the mother to have contact with the child in England. During one period of contact in England, the mother issued proceedings and obtained a time-limited prohibited steps and residence order.

The Court of Appeal set aside the orders on the basis of a number of misunderstandings in the litigation history which had led the judge to make an order which should not have been made.