SA v FA (setting aside consent order on ground of duress) [2017] EWHC 1731 (Fam) (16 May 2017)

SA v FA (setting aside consent order on ground of duress) [2017] EWHC 1731 (Fam) (16 May 2017)

The order of 13 September 2016 dismissing the proceedings was made as a result of severe duress imposed by the father on the mother, overbearing her free will. The threats were credible, illegitimate, and had a continuing coercive effect. The court is satisfied to a high standard that the mother acted under duress,...

Source-derived case information.

Citation
[2017] EWHC 1731 (Fam)
Parties
Applicant/mother: S A; Respondent/father: F A
Jurisdiction
England and Wales
Judgment Date
16 May 2017
Procedural Posture
Family Law – Application to Set Aside Consent Order / Final Hearing on Application to Set Aside Order for Duress
Outcome
Application granted; order of 13 September 2016 set aside; proceedings reinstated.
Legal Topics
Duress, Setting Aside Consent Orders, Jurisdiction, Child Residence, Wardship
Family Law Duress Setting Aside Consent Orders Jurisdiction Child Residence Wardship

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Parties

S A

Applicant/mother

F A

Respondent/father

Procedural Posture

Family Law – Application to Set Aside Consent Order / Final Hearing on Application to Set Aside Order for Duress

Legal Issues

  1. 1 Whether the consent order dismissing proceedings should be set aside on grounds of duress
  2. 2 Whether the mother acted under duress when consenting to dismissal of proceedings
  3. 3 Whether the court has jurisdiction to reinstate proceedings

Ratio Decidendi

The order of 13 September 2016 dismissing the proceedings was made as a result of severe duress imposed by the father on the mother, overbearing her free will. The threats were credible, illegitimate, and had a continuing coercive effect. The court is satisfied to a high standard that the mother acted under duress, and the order must be set aside to reinstate the proceedings.

Court Disposition

Application granted; order of 13 September 2016 set aside; proceedings reinstated.

Orders

  • The order made by His Honour Judge Jordan on 13 September 2016 is set aside.
  • The original proceedings commenced by the mother on 18 August 2016 are reinstated.