Family Law Hub

Inherent Jurisdiction

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  • The mother appealed against an order for the summary return of her child to Israel. Moylan LJ held that the judge had properly taken into account the protective measures in place and had reached a determination that was open to him. However, what had happened in this case did not amount to a retention within the scope of the 1980 Hague Convention, so the judge's order would be replaced by one made under the inherent jurisdiction. Flaux LJ and Haddon-Cave LJ agreed, and the appeal was dismissed save for that change. Judgment, 08/10/2019, free
  • The mother appealed against an order for summary return of the child to Israel. Moylan LJ decided that the appeal must be dismissed. He found that there was no retention such that the 1980 Convention applied, but the judge had been entitled to make an order for the child's return under the court's inherent jurisdiction, and had taken into account the identified protective measures. Haddon-Cave LJ and Flaux LJ agreed. Judgment, 21/06/2019, free
  • In brief: An unsuccessful application brought by a father (“F”) for the summary return to the Ivory Coast of his two young children. The mother (“M”) had removed the children to England four months earlier. Despite finding that the children’s habitual residence was the Ivory Coast, the court determined it was not in the children’s best interests to be returned in circumstances which may well have led to a further move for the children in due course. Judgment, 05/07/2018, free
  • In a tweet: Inherent jurisdiction extends to direct DNA test to establish paternity in inheritance dispute Judgment, 11/04/2018, free
  • Appeal against an order made under the inherent jurisdiction of the High Court which directed that DNA extracted from a sample provided by the deceased should be tested against a bodily sample to be taken from the Respondent in order to establish whether the deceased was or was not the Respondent's biological father. Appeal dismissed. Judgment, 08/02/2018, free

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