H (Mother) v C (Father) and another

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, ruled on an appeal against the refusal of permission to a mother of two boys, then aged 16 and 14, to take them from London to live in New York. To the extent that the appeal was allowed in the case of the eldest son and, to a limited extent, the younger son, it was on a basis not argued below, namely, in consequence of the 'no order' principle the court should not have been making or continuing orders about young persons over 16, other than in exceptional circumstances.

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