K and D (Wardship Without Notice Return Order)

K and D (Wardship Without Notice Return Order)

The court exercised its inherent jurisdiction based on the children's British nationality, finding that both children required the protection of the court as they were in administrative limbo in Cyprus, with no one able to exercise parental responsibility, and the authorities in Cyprus unwilling to provide long-term care. Proceeding without notice to the mother was justified due to a significant risk she would frustrate the orders. The court made the children wards of court and ordered their summary return to England and Wales.

Parties
Applicant: Surrey County Council; First Respondent: NR; Second Respondent: RT
Jurisdiction
England and Wales
Judgment Date
02 February 2017
Procedural Posture
Family / Without Notice Application for Orders in Wardship and Summary Return of Children
Outcome
Orders granted as sought by the local authority.
Legal Topics
Inherent Jurisdiction, Wardship, Child Abduction, Jurisdiction Based on Nationality, Habitual Residence, Summary Return of Children
Family Law International Child Law Inherent Jurisdiction Wardship Child Abduction Jurisdiction Based on Nationality Habitual Residence Summary Return of Children

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Parties

Surrey County Council

Applicant

NR

First Respondent

RT

Second Respondent

Procedural Posture

Family / Without Notice Application for Orders in Wardship and Summary Return of Children

Legal Issues

  1. 1 Whether the High Court should exercise its inherent jurisdiction based on the children's British nationality to order their summary return to England and Wales
  2. 2 Whether it is appropriate to proceed without notice to the mother
  3. 3 Whether the children are habitually resident in England and Wales or Northern Cyprus

Ratio Decidendi

The court exercised its inherent jurisdiction based on the children's British nationality, finding that both children required the protection of the court as they were in administrative limbo in Cyprus, with no one able to exercise parental responsibility, and the authorities in Cyprus unwilling to provide long-term care. Proceeding without notice to the mother was justified due to a significant risk she would frustrate the orders. The court made the children wards of court and ordered their summary return to England and Wales.

Court Disposition

Orders granted as sought by the local authority.

Orders

  • Permission granted to invoke the inherent jurisdiction of the High Court.
  • Both children made wards of court.