Re D & Anor

Re D & Anor

The mother failed to prove any fundamental change of circumstances since the original return order. The evidence did not establish that she and the children would be homeless or destitute, that her mental health would deteriorate to an intolerable level, or that there would be sibling separation. The mother's claims were found to be unevidenced, self-serving, and in some respects dishonest. The threshold for setting aside the return order was not met.

Parties
Applicant Father: P; Respondent Mother: O
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Family Law Child Abduction (hague Convention) / Application to Set Aside Return Order After Final Judgment
Outcome
Application to set aside return order dismissed
Legal Topics
Child Abduction, Hague Convention 1980, Return Orders, Set Aside Applications
Family Law International Law Child Abduction Hague Convention 1980 Return Orders Set Aside Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

P

Applicant Father

O

Respondent Mother

Procedural Posture

Family Law Child Abduction (hague Convention) / Application to Set Aside Return Order After Final Judgment

Legal Issues

  1. 1 Whether there has been a fundamental change of circumstances justifying setting aside the return order under the Hague Convention 1980
  2. 2 Whether the mother and children would be homeless or destitute on return to Ireland
  3. 3 Whether the mother's mental health or separation of siblings constitutes a fundamental change of circumstances

Ratio Decidendi

The mother failed to prove any fundamental change of circumstances since the original return order. The evidence did not establish that she and the children would be homeless or destitute, that her mental health would deteriorate to an intolerable level, or that there would be sibling separation. The mother's claims were found to be unevidenced, self-serving, and in some respects dishonest. The threshold for setting aside the return order was not met.

Court Disposition

Application to set aside return order dismissed

Orders

  • Return order under the Hague Convention 1980 stands; children to be returned to the Republic of Ireland
  • Mother's application for permission to appeal refused as totally without merit