GC v AS (No. 2) (2022)

At the rehearing following a successful appeal (Re S (Children) (Inherent Jurisdiction: Setting Aside Return Order) [2021] EWCA Civ 1223), Cliona Papazian successfully resisted an application for three children to be returned from Libya, where they had been living with their Father and extended family. Poole J found that the circumstances were not sufficiently compelling to require or make it necessary for the court to exercise its parens patriae jurisdiction to order their return, where it had been established that children’s needs were being met there, they were not living in danger, they were being educated, their health was looked after, and they had not expressed any wish to leave Libya.

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