D (Wardship: Jurisdiction: Cutting Across Statutory Schemes), Re

D (Wardship: Jurisdiction: Cutting Across Statutory Schemes), Re

The court had inherent jurisdiction based on the child's British nationality, but its exercise to compel the child's return for the purpose of enabling public law proceedings cut across the statutory scheme and was not justified; the orders should be set aside.

Parties
Applicant: A Mother; Respondent: A Local Authority; Respondent: A Father; Respondent: D (by her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
27 June 2024
Procedural Posture
Application to Set Aside Orders Under Inherent Jurisdiction (wardship) / Final Judgment on Application to Set Aside Orders
Outcome
Application to set aside orders granted; wardship and ancillary orders to be set aside.
Legal Topics
Inherent Jurisdiction, Wardship, Jurisdiction Based on Nationality, Children Act 1989, Family Law Act 1986, Public Law Orders, Passport Orders
Family Law Child Protection Jurisdiction Inherent Jurisdiction Wardship Jurisdiction Based on Nationality Children Act 1989 Family Law Act 1986 +2 more

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Parties

A Mother

Applicant

A Local Authority

Respondent

A Father

Respondent

D (by her Children’s Guardian)

Respondent

Procedural Posture

Application to Set Aside Orders Under Inherent Jurisdiction (wardship) / Final Judgment on Application to Set Aside Orders

Legal Issues

  1. 1 Whether the High Court had jurisdiction to make wardship orders for a child never present or habitually resident in England and Wales
  2. 2 Whether the exercise of inherent jurisdiction based on nationality was appropriate
  3. 3 Whether the orders made cut across the statutory scheme for public law proceedings

Ratio Decidendi

The court had inherent jurisdiction based on the child's British nationality, but its exercise to compel the child's return for the purpose of enabling public law proceedings cut across the statutory scheme and was not justified; the orders should be set aside.

Court Disposition

Application to set aside orders granted; wardship and ancillary orders to be set aside.

Orders

  • Wardship orders set aside
  • Passport orders discharged