Wednesday, May 25, 2011

Practical reminders

Just a quick post to point out a couple of recent cases of practical application:

Firstly, KY v DD [2011] EWHC 1277 (Fam), which contained a reminder of the principles that apply when orders are sought without notice (known, of course, as ex parte orders until recently). As Mrs Justice Theis DBE states, the case "vividly demonstrates what can happen when proper procedures are ignored".

Secondly, and in a similar vein, R (Children) EWCA Civ 558 includes a reminder that where a child is seemingly wrongfully removed from a primary carer without consultation or consent and without apparent justification, then an urgent application without notice should be made for an order for their return, if possible on the same day.

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