N v J (Power to Set Aside Return Order) [2017] EWHC 2752 (Fam) (03 November 2017)

N v J (Power to Set Aside Return Order) [2017] EWHC 2752 (Fam) (03 November 2017)

The High Court does not have jurisdiction to set aside a substantive return order made under the inherent jurisdiction by another High Court judge where no error is alleged, absent rules made under s 17(2) of the Senior Courts Act 1981. FPR r 4.1(6) does not confer such jurisdiction for substantive orders. No...

Source-derived case information.

Citation
[2017] EWHC 2752 (Fam)
Parties
Applicant: N; First Respondent: J; Second Respondent: G; Third Respondent: H
Jurisdiction
England and Wales
Judgment Date
03 November 2017
Procedural Posture
Family Law Children / Application to Set Aside Return Order Under Inherent Jurisdiction
Outcome
Application to set aside return order dismissed
Legal Topics
Return Orders, Jurisdiction, Material Non Disclosure, Change of Circumstances, Children's Welfare, Right of Representation
Family Law Child Custody Inherent Jurisdiction Return Orders Jurisdiction Material Non Disclosure Change of Circumstances Children's Welfare +1 more

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Parties

N

Applicant

J

First Respondent

G

Second Respondent

H

Third Respondent

Procedural Posture

Family Law Children / Application to Set Aside Return Order Under Inherent Jurisdiction

Legal Issues

  1. 1 Does the High Court have 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, are there grounds for setting aside the return order in this case?

Ratio Decidendi

The High Court does not have jurisdiction to set aside a substantive return order made under the inherent jurisdiction by another High Court judge where no error is alleged, absent rules made under s 17(2) of the Senior Courts Act 1981. FPR r 4.1(6) does not confer such jurisdiction for substantive orders. No material change of circumstances or material non-disclosure has been demonstrated to justify setting aside the return order. The mother's arguments were before the court on paper, and the order remains in force.

Court Disposition

Application to set aside return order dismissed

Orders

  • Return order of 14 September 2017 remains in force
  • Mother must comply with conditions set by Baker J for appeal proceedings