08 November 2017
N v J and others [2017] EWHC 2752 (Fam), [2017] All ER (D) 35 (Nov)
A High Court judge had power, under FPR 4.1(6), to set aside a return order made under the inherent jurisdiction by another High Court judge where no error of the court was alleged, but where there had been a material change of circumstances or a material non-disclosure that went to the welfare of the child. However, the Family Division held that, on the evidence, the power should not be exercised in the present case to set aside the order for the mother to return the children to the jurisdiction.
