“…g based on habitual residence. When dealing with the former, Black LJ quoted a passage from Ward J’s (as he then was) judgment in F v S (Wardship Jurisdiction) [1991] 2 FLR 349 at 356 when dealing with an application for an order that a child be returned to England. He said:…”
“…mportance of the 1986 Act in limiting recourse to the inherent jurisdiction is plain. In our judgment, the analysis of Ward J in F v S (Wardship: Jurisdiction) [1991] 2 FLR 349, and his warning against using a return order as an artificial device to found jurisdiction, are as valid now as then, and remain unaffected by anything said i…”
“…empt to invoke the inherent jurisdiction founders on section 1(1)(d)(i) of the 1986 Act and involves an impermissible attempt, using Ward J's expressive phrase [1991] 2 FLR 349, 356, to make ‘a devious entry to the court by the back door’”.…”