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Report No. 59

8.17. Injunction to prevent removal of child.-

We now note a suggestion made to us to insert a new provision empowering the court to issue an injunction to prevent the removal of a child pending disposal of the petition. In England, at any time after filing a petition for divorce, and notwithstanding that1 the petition has not been served, the petitioner may apply ex parte to a Judge for an injunction restraining the respondent or any other person from removing any child of the family (i) out of the jurisdiction of the court, or (ii) out of the custody, care or control of any person named in the application2.

1. Divorce Rules: Rule 55; Rayden on Divorce, (1967), p. 1605.

2. (a) Fabbri v. Fabbri, (1962) 1 All ER 35: (1962) 1 WLR 13;

(b) Romilly v. Romilly, 1962 Times, May 26th; for later proceedings, see 1962 Times, July 31st; 1964 Probate 22: (1963) 3 WLR 732; Rayden on Divorce, (1967), p. 707.

8.18. The application is to be made in open court. If an injunction is issued, restraining any person from removing a child out of the jurisdiction of the court, notice should be given to the Passport Office that a passport should not, without leave of the court, be issued in respect of that child1. Some such provision, it was suggested, would be useful in our Act.

1. Practice Note (1963) 3 All ER 96 (Direction No. 24).

Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back

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