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Inherent jurisdiction and the significance of a child's nationality (A Local Authority v NR and another)

Inherent jurisdiction and the significance of a child's nationality (A Local Authority v NR and another)
Published on: 20 February 2017
Published by: LexisPSL
  • Inherent jurisdiction and the significance of a child's nationality (A Local Authority v NR and another)
  • Original news
  • What was the background to the case?
  • What were the key issues?
  • What did the court decide?
  • Without notice
  • Inherent jurisdiction
  • Does the judgment clarify the law in this area?
  • How did the court find that the children were habitually resident in England and Wales?
  • What should family practitioners take away from this case?

Article summary

Family analysis: In a case concerned with children who were located in Northern Cyprus, the High Court invoked the inherent jurisdiction on the basis of the children’s British nationality and made wardship and return orders. The court also considered whether it was appropriate to proceed on a without notice basis and concluded that it was justified due to the significant risk of the mother seeking to frustrate steps taken by the court, in order to protect the children's welfare. or take a trial to read the full analysis.

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