W (A Child) [2018] EWCA Civ 1904 (15 August 2018)

W (A Child) [2018] EWCA Civ 1904 (15 August 2018)

The appeal is dismissed because, regardless of the legal issue of jurisdiction, both parties accept that a rehearing is necessary due to a fundamental change in the mother's mental health. The High Court has inherent jurisdiction to set aside a final order under the 1980 Convention in rare cases where a fundamental change of circumstances undermines the original order.

Citation
[2018] EWCA Civ 1904
Parties
Subject: Re W (A Child); Appellant's Counsel: Mr E Devereux QC and Mr J Green (Best Solicitors); Respondent's Counsel: Mr H Setright QC and Mr M Gration (Dawson Cornwell Solicitors)
Jurisdiction
England and Wales
Judgment Date
15 August 2018
Procedural Posture
Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Hague Convention 1980, Jurisdiction to Set Aside Final Orders, Article 13(b) Grave Risk Exception, Procedural Powers of High Court, Section 17 Senior Courts Act 1981
Family Law International Child Abduction Hague Convention 1980 Jurisdiction to Set Aside Final Orders Article 13(b) Grave Risk Exception Procedural Powers of High Court Section 17 Senior Courts Act 1981

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Parties

Re W (A Child)

Subject

Mr E Devereux QC and Mr J Green (Best Solicitors)

Appellant's Counsel

Mr H Setright QC and Mr M Gration (Dawson Cornwell Solicitors)

Respondent's Counsel

Procedural Posture

Appeal / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Does the High Court have jurisdiction to set aside a final order made under the 1980 Hague Convention?
  2. 2 What is the effect of section 17 of the Senior Courts Act 1981 on the High Court's powers?
  3. 3 What is the appropriate procedure for challenging a final return order under the 1980 Convention?

Ratio Decidendi

The appeal is dismissed because, regardless of the legal issue of jurisdiction, both parties accept that a rehearing is necessary due to a fundamental change in the mother's mental health. The High Court has inherent jurisdiction to set aside a final order under the 1980 Convention in rare cases where a fundamental change of circumstances undermines the original order.

Court Disposition

Appeal dismissed

Orders

  • Father's application under the 1980 Convention to be listed for urgent rehearing as directed by the High Court.