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IN RE: D (A MINOR)(CHILD:REMOVAL FROM THE JURISDICTION) (1991)
(1992) 1 All ER 892
INTERNATIONAL LAW - CIVIL PROCEDURE - FAMILY LAW
CHILDREN/INFANTS/MINORS - PROHIBITED STEPS ORDERS : MINORS - REMOVAL FROM JURISDICTION - BREAKING UNDERTAKING TO RETURN.
Ex parte order against mother in Turkey : Ex parte orders to return child & prohibited steps.
Appeal by father against refusal of prohibited steps order & an order ex parte requiring mother to return the child of the marriage from Turkey where she had kept her in breach of an undertaking to bring her back. The orders had been refused on the ground that as the mother had no assets within the jurisdiction, the orders would be unenforceable. HELD: The mother had been within the jurisdiction when the original order was made. She had voluntarily given the undertaking. The father's object in seeking the order was for use in the mother's Turkish proceedings. The mother could be protected by giving her leave to apply to discharge the orders. It was neither pointless nor inappropriate to grant the order ex parte. Appeal allowed.
1 WLR 315 : (1992) 1 All ER 892
Document No. AC0160332
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