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Use inherent jurisdiction for protective not custodial purposes (Court of Appeal)

Practical Law UK Legal Update Case Report 4-617-9848 (Approx. 3 pages)

Use inherent jurisdiction for protective not custodial purposes (Court of Appeal)

In B (A child) (Habitual residence) (Inherent jurisdiction) [2015] EWCA Civ 886, the Court of Appeal dismissed an appeal against orders that the child, who had been removed from England and taken to Pakistan, was habitually resident in England when the mother's partner issued her application. The first instance judge was right not to exercise inherent jurisdiction based on the child's nationality. Inherent jurisdiction will be used for protective rather than custodial purposes.

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End of Document
Resource ID 4-617-9848
© 2024 Thomson Reuters. All rights reserved.
Published on 07-Aug-2015
Resource Type Legal update: case report
Jurisdictions
  • England
  • United Kingdom
  • Wales
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