The case concerned an appeal against a committal of the appellant mother who had failed to comply with orders to return the parties’ children to Mexico.
The mother and the children were deemed overstayers. Their applications for visas had been refused by the First-Tier Tribunal, and permission to appeal to the Upper Tribunal and subsequent permission for judicial review had been refused.
Throughout the judgment, the Court of Appeal stressed the importance of legal representation in committal proceedings. Despite the mother’s conduct and admissions, along with her having solicitors at least in the latter part of the proceedings, the court allowed the appeal.
Read the full summary on Family Law Week here.