ABDUCTION/JURISDICTION: MA v DB [2010]

12 AUG 2010

(Family Division; Parker J; 25 May 2010)

The father who was living in Greece alleged that the mother had wrongfully removed the children to England. In Hague proceedings the Greek expert established that the father had no rights of custody in relation to the children. Both parents now wanted the English court to make arrangements for residence and contact. The question arose whether the court could make such orders within Hague proceedings, which were not family proceedings within Children Act 1989.

The court took an undertaking from the mother to issue originating summons pursuant to the inherent jurisdiction, The judge dispensed with the service of the originating summons and filing of evidence and dispensed with the conciliation appointment or any further hearing and/or other formalities. The parties were at liberty to issue Children Act proceedings in normal way and the order made by the court on this occasion was no more a final order than any children order.

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