Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

30 JUL 2010

Hadkinson and the Credit Crunch: an Option - Family Law journal

SARAH HUGHES, Solicitor, Anthony Gold

Hadkinson v Hadkinson [1952] 2 All ER 567 concerned a mother who, following the conclusion of her divorce proceedings, remarried and removed the child of the family to Australia. This was in breach of an order made during the course of the proceedings that the child not be removed without leave of the court. The court ordered that the mother return with the child immediately. However, instead of returning to the UK, the mother appealed against the order. The father argued that the court should not hear the mother's appeal whilst she remained in Australia because she was in contempt of court and the appeal should only be heard once she returned to the UK and was no longer in contempt.

The Court of Appeal, led by Denning LJ (as he was then), found in favour of the father and held that, where a party has disobeyed an order and is in contempt of court, the court has the discretion to refuse to hear their application.

To read the rest of this article, see August [2010] Family Law journal (link for online subscribers who have logged in). To log on to Family Law journal Online or to request a free trial click here.

__________________________________________________________________

Family Law

Family Law is the leading practitioner journal, ensuring all family law professionals keep up with the latest developments and their impact on practice. Each issue contains the latest news of legislative change, authoritative case reports, invaluable articles and news items written and compiled by experts for the practising family law professional.

Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online

Family Court Practice 2016, The

(Red Book)

Order your copy today and get the Autumn Supplement

More Info from £465.00
Available in Family Law Online
Subscribe to our newsletters