GC v AS

GC v AS

The application was refused because (i) any protective order for repatriation would likely be futile as it would not be enforceable in Libya; (ii) there had been no fundamental change in circumstances since the previous order; (iii) the application sought to circumvent statutory limitations on jurisdiction; and (iv) the inherent jurisdiction is confined to a supporting, residual role, not as a primary remedy. Additionally, the application amounted to Henderson abuse as the mother could and should have raised the parens patriae argument in the earlier proceedings.

Parties
Applicant: GC; Respondent: AS
Jurisdiction
England and Wales
Judgment Date
11 January 2021
Procedural Posture
Inherent Jurisdiction / Wardship (children) / Judgment After Contested Application to Set Aside Previous Order and for Protective Orders
Outcome
Application dismissed
Legal Topics
Inherent Jurisdiction, Parens Patriae, Wardship, Jurisdiction Over Children Abroad, Set Aside of Orders, Henderson Abuse, Enforceability of Foreign Orders
Family Law International Private Law Inherent Jurisdiction Parens Patriae Wardship Jurisdiction Over Children Abroad Set Aside of Orders Henderson Abuse +1 more

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Parties

GC

Applicant

AS

Respondent

Procedural Posture

Inherent Jurisdiction / Wardship (children) / Judgment After Contested Application to Set Aside Previous Order and for Protective Orders

Legal Issues

  1. 1 Whether the court should set aside the previous order refusing return of the children from Libya
  2. 2 Whether the court should exercise its parens patriae jurisdiction to make protective orders for British children abroad
  3. 3 Whether there has been a fundamental change in circumstances justifying a new order

Ratio Decidendi

The application was refused because (i) any protective order for repatriation would likely be futile as it would not be enforceable in Libya; (ii) there had been no fundamental change in circumstances since the previous order; (iii) the application sought to circumvent statutory limitations on jurisdiction; and (iv) the inherent jurisdiction is confined to a supporting, residual role, not as a primary remedy. Additionally, the application amounted to Henderson abuse as the mother could and should have raised the parens patriae argument in the earlier proceedings.

Court Disposition

Application dismissed

Orders

  • Mother's application dated 17 August 2020 dismissed
  • Originating wardship application dated 30 November 2018 dismissed