The WLR Daily case summaries
[2021] WLR(D) 452
Court of Appeal
In re S (Children) (Inherent Jurisdiction: Setting Aside Return Order)
[2021] EWCA Civ 1223
Moylan, Baker, Stuart-Smith LJJ
2021 April 29; Aug 13
Children— Inherent jurisdiction— Practice— Mother’s application for return of British children to England refused— On appeal mother raising issue of parens patriae for first time— Permission to argue issue refused— Mother subsequently issuing fresh application for return order under parens patriae jurisdiction— Whether rule of abuse of process requiring parties to litigation to bring forward whole case applying to children’s proceedings