N v J (Power to Set Aside Return Order)

N v J (Power to Set Aside Return Order)

A High Court judge has power under FPR r 4.1(6) to set aside a return order made under the inherent jurisdiction by another High Court judge where no error is alleged, but only if there is a material change of circumstances or material non-disclosure relevant to the child's welfare. In this case, there was no such change or non-disclosure since the original order, so the application to set aside is dismissed.

Parties
Applicant: N; First Respondent: J; Second and Third Respondents: G and H
Jurisdiction
England and Wales
Judgment Date
03 November 2017
Procedural Posture
Family / Application to Set Aside Return Order Under Inherent Jurisdiction
Outcome
Application dismissed
Legal Topics
Inherent Jurisdiction, Return Orders, Jurisdiction to Set Aside Orders, Children's Welfare, Procedural Law
Family Law Child Law Inherent Jurisdiction Return Orders Jurisdiction to Set Aside Orders Children's Welfare Procedural Law

Case Brief

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Parties

N

Applicant

J

First Respondent

G and H

Second and Third Respondents

Procedural Posture

Family / Application to Set Aside Return Order Under Inherent Jurisdiction

Legal Issues

  1. 1 Whether the High Court has power to set aside a return order made under the inherent jurisdiction by another High Court judge where no error is alleged
  2. 2 If such power exists, whether there are grounds for setting aside the return order in this case

Ratio Decidendi

A High Court judge has power under FPR r 4.1(6) to set aside a return order made under the inherent jurisdiction by another High Court judge where no error is alleged, but only if there is a material change of circumstances or material non-disclosure relevant to the child's welfare. In this case, there was no such change or non-disclosure since the original order, so the application to set aside is dismissed.

Court Disposition

Application dismissed

Orders

  • Mother's application to set aside the return order made by Francis J on 14 September 2017 is dismissed