J (A Child), Re

J (A Child), Re

The order of 29 May 2015 (except for the passport order and related paragraphs) was set aside due to inadvertent non-disclosure of a critical fact: the existence of a stay of execution granted by the Court of Appeal until 12 June 2015. The passport order and related provisions remained in force as they were justified independently of the stayed return order.

Parties
Applicant: B; Respondent: P
Jurisdiction
England and Wales
Judgment Date
09 June 2015
Procedural Posture
Family Law Child Abduction (hague Convention) / Application to Set Aside/variation of Previous Order; Post Appeal Procedural Review
Outcome
Order of 29 May 2015 set aside except for passport order and related paragraphs; passport order remains in force.
Legal Topics
Hague Convention, Stay of Execution, Return of Child, Procedural Error, Passport Orders
Family Law International Child Abduction Hague Convention Stay of Execution Return of Child Procedural Error Passport Orders

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Parties

B

Applicant

P

Respondent

Procedural Posture

Family Law Child Abduction (hague Convention) / Application to Set Aside/variation of Previous Order; Post Appeal Procedural Review

Legal Issues

  1. 1 Whether the order made on 29 May 2015 should be set aside due to inadvertent non-disclosure of a stay granted by the Court of Appeal
  2. 2 Whether the passport order and related provisions should remain in force despite the stay

Ratio Decidendi

The order of 29 May 2015 (except for the passport order and related paragraphs) was set aside due to inadvertent non-disclosure of a critical fact: the existence of a stay of execution granted by the Court of Appeal until 12 June 2015. The passport order and related provisions remained in force as they were justified independently of the stayed return order.

Court Disposition

Order of 29 May 2015 set aside except for passport order and related paragraphs; passport order remains in force.

Orders

  • Order of 29 May 2015 set aside except for paragraphs 12, 13, 16, 17, 18 and the Tipstaff passport order, which remain in full force and effect.
  • Parties given permission to apply on short written notice to the Family Division urgent applications judge.