Read the full judgment text of FAMV 21/2010 on BabelCite. This Court of Final Appeal judgment was delivered on 30 July 2010 before Bokhary PJ.
Civil procedure – stay – family law – child removal – inherent jurisdiction – leave to appeal – Court of Final Appeal – welfare of child – Parents separated; child aged almost 8; family judge granted joint custody, sole care and control to mother, denied permanent removal; Court of Appeal allowed mother's appeal on permanent removal; father applied for leave to appeal and sought stay pending determination – Whether to grant stay of permanent removal pending leave application – inherent jurisdiction to protect process – balance between disruption and risk of nugatory order – stay granted – no order as to costs.
Legal issues: Stay pending leave application to Court of Final Appeal
Outcome: Stay granted pending determination of father's leave application; no order as to costs.
Cited by 1 case