An application had been brought for an order to have a child returned to South Africa. The court had given the order subject to the father’s compliance with conditions set out in the order. The father had not complied. The mother sought an order discharging the first. Counsel and the judge had decided this could only be dealt with by an appeal.
Held: This appeal was wrongly conceived. The judge had had power either under the express liberty to apply or under her inherent jurisdiction to review the first order as to its implementation. She should have used those powers.
Judges:
Thorpe LJ, Wall LJ, Neuberger LJ
Citations:
Times 13-Jul-2005
Jurisdiction:
England and Wales
Citing:
Distinguished. – In Re M (Minors) (Child Abduction: Undertakings) CA 15-Aug-1994
A Hague Convention order was not appealable, nor do undertakings fetter the court’s discretion. . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 03 June 2022; Ref: scu.228587
