In re S (Children)

Subject Matter

CHILDREN — Inherent jurisdiction — Orders with respect to children

[2021] EWHC 14 (Fam), Fam D

CHILDREN — Inherent jurisdiction — Parens patriae — Judge refusing mother’s application for return of British children from Libya to England — Mother subsequently applying for judge’s order to be set aside and for case to proceed under High Court’s inherent parens patriae jurisdiction — Whether subsequent application abuse of process — Whether change of circumstances necessary for setting aside of judge’s order — Whether exercise of inherent jurisdiction appropriate — FPR PD 12D, PD 12F

[2021] EWCA Civ 1223; [2022] Fam 237; [2022] 2 WLR 275; [2022] 1 FLR 186; [2021] WLR(D) 452, CA

Appellate History

Commentary

Transparency Project
Apostasy, co-parenting and parens patriae: A round-up of recent UK/Middle East cases Case comment