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Re S (children) (inherent jurisdiction: setting aside return order) [2021] EWCA Civ 1223

Date:1 SEP 2021
Third slide
Law Reporter

(Court of Appeal (Civil Division), Moylan, Baker, Stuart-Smith LJJ, 13 August 2021)

Abduction – Wrongful retention – Mother’s application for return order dismissed – Mother sought return under inherent jurisdiction – Judge dismissed for abuse of process – Appeal

The mother’s appeal from a decision refusing to invoke the inherent jurisdiction was allowed.


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Neutral Citation Number: [2021] EWCA Civ 1223

Case No: B4/2021/0173

IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
FAMILY DIVISION
The Hon Mr Justice Mostyn
FD18P00811

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 13 August 2021

Before :


LORD JUSTICE MOYLAN
LORD JUSTICE BAKER
and

LORD JUSTICE STUART-SMITH

- - - - - - - - - - - - - - - - - - - - -

IN THE MATTER OF THE SENIOR COURTS ACT 1981

AND IN THE MATTER OF S (CHILDREN) (INHERENT JURISDICTION: SETTING ASIDE RETURN ORDER)

Between :

GC
Appellant

- and -

AS
Respondent

- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -

William Tyler QC and Emily James (instructed by Expatriate Law) for the Appellant
Henry Setright QC and Cliona Papazian (instructed by Freemans) for the Respondent

Hearing date : 29 April 2021

- - - - - - - - - - - - - - - - - - - - -

Approved Judgment

Covid-19 Protocol: This judgment was handed down remotely by circulation to the parties’ representatives by email, release to BAILII and publication on the Courts and Tribunals Judiciary website. The date and time for hand down is deemed to be 10.30am on Friday 13 August 2021.


Judgment: Re S (Inherent Jurisdiction Setting Aside Return Order [2021] EWCA Civ 1223

 

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