X (A Child), Re

X (A Child), Re

Given the risk of re-abduction and the need to give effect to the Scottish court's order, it is proper to grant the location and disclosure orders without notice to the respondent, ensuring the child's safety and the efficacy of judicial orders across UK jurisdictions.

Source-derived case information.

Parties
Applicant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
27 January 2017
Procedural Posture
Family Law Child Abduction / Location Order / Ex Parte Application for Location and Disclosure Orders
Outcome
Location order and disclosure of information order granted ex parte.
Legal Topics
Location Order, Passport Order, Disclosure of Information, Judicial Comity, Ex Parte Procedure
Family Law Child Abduction Location Order Passport Order Disclosure of Information Judicial Comity Ex Parte Procedure

Source-derived case record

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Parties

Father

Applicant

Mother

Respondent

Procedural Posture

Family Law Child Abduction / Location Order / Ex Parte Application for Location and Disclosure Orders

Legal Issues

  1. 1 Whether the English court should grant a location order and disclosure of information order to make effective a Scottish court's order regarding a child removed from Scotland to England without notice to the respondent

Ratio Decidendi

Given the risk of re-abduction and the need to give effect to the Scottish court's order, it is proper to grant the location and disclosure orders without notice to the respondent, ensuring the child's safety and the efficacy of judicial orders across UK jurisdictions.

Court Disposition

Location order and disclosure of information order granted ex parte.

Orders

  • Location order in standard form, including a passport order for both the child and the mother.
  • Order for disclosure from the child's school regarding the child's address and whereabouts, to be executed only if the Tipstaff cannot execute the location order.