Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

Re F (Children) [2016] EWCA Civ 1253

Sep 29, 2018, 19:36 PM
Abduction – Return order – Set aside of return order
The father’s appeal from a decision setting aside a return order was dismissed.
Slug : re-f-children-2016-ewca-civ-1253
Meta Title : Re F (Children) [2016] EWCA Civ 1253
Meta Keywords : Abduction – Return order – Set aside of return order
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 19, 2016, 08:57 AM
Article ID : 113516

(Court of Appeal, Sir James Munby, the President of the Family Division, Black, McFarlane LJJ, 7 December 2016)

Abduction – Return order – Set aside of return order

The father’s appeal from a decision setting aside a return order was dismissed.

Hague Convention proceedings were initiated in relation to the three children when the mother took them from Hungary and came to the UK without the father’s consent. Despite findings being made that two of the children objected to a return, orders were made for them to be returned to Hungary.

The appeals of the mother and one of the children, L, were refused. The children failed to return and another appeal was launched and rejected. L was referred for psychiatric treatment by the GP due to concerns about her state of mind. On the deadline she was seen in A&E with suicidal ideation. The mother applied for the return order to be set aside and L was joined as a party.

The judge accepted that L’s behaviour and her determination not to return to Hungary constituted a change of circumstances and that the other two children would be placed in an intolerable position if they were returned without their sibling. The return order was set aside. The father appealed.

At the hearing the father conceded that it was possible for the High Court to set aside a return order and on the basis of that concession and in the absence of comprehensive submissions the Court of Appeal was reluctant to make a definitive pronouncement as to whether such a power did exist.

The appeal was dismissed. The judge carried out a careful review of the relevant factors and was entitled to weigh them as he did. It was clear that L’s mental state and the gravity of the consequences that might come to her if she were forced to return tipped the balance. The judge was clear that the order he was making was rarely invoked but that in some rare cases it was appropriate.



Case No: B4/2016/3795
Neutral Citation Number: [2016] EWCA Civ 1253
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE FAMILY DIVISION
MR JONATHAN COHEN QC (sitting as a Judge of the High Court)
FD15P00571
Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 07/12/2016


Before :

PRESIDENT OF THE FAMILY DIVISION
LADY JUSTICE BLACK
and
LORD JUSTICE MCFARLANE

- - - - - - - - - - - - - - - - - - - - -

RE F (CHILDREN)

- - - - - - - - - - - - - - - - - - - - -


Mr Teertha Gupta QC & Ms Mehvish Chaudhry (instructed by Freemans Solicitors) for the Appellant
Mr Richard Harrison QC & Ms Jennifer Palmer (instructed by Dawson Cornwell Solicitors) for the Respondent
Mr Christopher Hames QC (instructed by Goodman Ray Solicitors) for the Children’s Guardian

Hearing dates: 8th November 2016

- - - - - - - - - - - - - - - - - - - - -

Judgment

Re F (Children) [2016] EWCA Civ 1253.rtf
Categories :
  • Abduction
  • Judgments
Tags :
FLR_cover
Provider :
Product Bucket : Family
Recommend These Products
Related Articles
Load more comments
Comment by from