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(Court of Appeal, Thorpe, Sullivan, McFarlane LJJ, 11 July 2012)
The mother appealed the High Court decision not to order the return of her child from Lebanon. The judge found that at the time the mother issued proceedings the child was habitually resident in Lebanon, not England and Wales and that welfare issues would be best decided in Lebanon.
The court's jurisdiction was limited to cases where the child was habitually resident in England and Wales and the powers to order a return under the inherent jurisdiction were limited to exceptional circumstances which did not exist in this case. Appeal dismissed.
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