Family Law Hub

I-L (Children) (1996 Hague Child Protection Convention: Inherent Jurisdiction) [2019] EWCA Civ 1956

The father appealed against an order for the two children to be returned to Russia. Moylan LJ, Peter Jackson LJ and Arnold LJ decided that both the father's appeal regarding habitual residence and the mother's cross-appeal regarding repudiatory retention would be dismissed, but that the judge's order made under the inherent jurisdiction would be set aside. When the 1996 Hague Convention applied, recourse could only be had to the inherent jurisdiction if permitted by the code established by the Convention. Here, there was no gap in the scheme of the Convention to justify exercising the court's inherent powers. The right course was for the mother's application for enforcement of the Russian court's order to be determined as soon as possible.


Published: 03/12/2019

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