SU & SA (Children)

SU & SA (Children)

The High Court declined to exercise its inherent jurisdiction to prevent renewal of the British passports beyond a short-term measure, finding no sufficient justification for continued restriction. The welfare jurisdiction rests with the Australian courts, and any protective measures regarding travel or welfare must be pursued there. A one-month extension of wardship and passport restriction was granted to allow the mother to apply to the Australian court.

Parties
Applicant: FM; First Respondent: KAH; Second Respondent: SU; Third Respondent: SA
Jurisdiction
England and Wales
Judgment Date
06 March 2017
Procedural Posture
Family / Judgment
Outcome
Wardship and passport restriction extended for one month; thereafter, wardship ends and restrictions are lifted.
Legal Topics
Wardship, Passport Renewal, Jurisdiction, Child Welfare, Comity
Family Law International Child Law Wardship Passport Renewal Jurisdiction Child Welfare Comity

Case Brief

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Parties

FM

Applicant

KAH

First Respondent

SU

Second Respondent

SA

Third Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the High Court should exercise its inherent jurisdiction to prevent renewal of British passports for children habitually resident in Australia
  2. 2 Whether the wardship should continue
  3. 3 Whether the mother’s concerns about removal to Malaysia and arranged marriage justify continued restrictions

Ratio Decidendi

The High Court declined to exercise its inherent jurisdiction to prevent renewal of the British passports beyond a short-term measure, finding no sufficient justification for continued restriction. The welfare jurisdiction rests with the Australian courts, and any protective measures regarding travel or welfare must be pursued there. A one-month extension of wardship and passport restriction was granted to allow the mother to apply to the Australian court.

Court Disposition

Wardship and passport restriction extended for one month; thereafter, wardship ends and restrictions are lifted.

Orders

  • The British passports of SU and SA shall not be renewed before 6 April 2017.
  • On that date, the children shall cease to be wards of court and all restrictions on the renewal of the passports shall be lifted.