Legal Update: Court Report - Extending protective injunctiveorders

Coram Children's Legal Centre
Monday, June 22, 2015

Case name: Re SO (2015) EWHC 935 Judge Justice Baker

Location: High Court (Family Division)

The case concerned the power of the court to extend protective injunctive orders beyond the child's 18th birthday, where the child lives outside England and Wales. The original order was made in wardship proceedings. The young person was 17 at the time of the case, and was about to turn 18. In 1999, the young person's father abducted her to Australia, and she was returned following Hague Convention proceedings. She currently lives with her mother in Australia. In 2001 and 2006, the father was twice convicted in Australia of incitement to solicit the mother's murder.

In warship proceedings in 2000, non-molestation orders were made, forbidding the father from himself or through another person, using or threatening violence, intimidating or harassing or coming within 50 miles of the young person. The mother sought now to extend the non-molestation order indefinitely.

The court held that it had the power to extend the non-molestation order, originating in the protective nature of the jurisdiction, which is supported by articles 2 (right to life), 6 (right to fair trial) and 8 (right to respect for family and private life) of the European Convention of Human Rights. Where the court had jurisdiction at the start of proceedings on the ground of habitual residence, that jurisdiction continues until the conclusion of proceedings, even where the child becomes habitually resident elsewhere.

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