R (A Child)

R (A Child)

There was no significant change in circumstances since the original consent order; the child's objections were not materially different from her earlier stated preferences, and the judge was entitled to find that the father's influence contributed to the child's resistance. The refusal to admit further evidence, hear oral evidence, or join the child as a party was justified. The application for permission to appeal was therefore refused.

Parties
Applicant: Applicant (Father); Respondent: Respondent (Mother)
Jurisdiction
England and Wales
Judgment Date
14 October 2015
Procedural Posture
Family Law Child Abduction (hague Convention) / Application for Permission to Appeal (from Refusal to Set Aside Consent Order)
Outcome
Permission to appeal refused
Legal Topics
Hague Convention, Consent Orders, Change of Circumstances, Child Objections, Parental Manipulation
Family Law International Child Abduction Hague Convention Consent Orders Change of Circumstances Child Objections Parental Manipulation

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Parties

Applicant (Father)

Applicant

Respondent (Mother)

Respondent

Procedural Posture

Family Law Child Abduction (hague Convention) / Application for Permission to Appeal (from Refusal to Set Aside Consent Order)

Legal Issues

  1. 1 Whether there was a significant change of circumstances to set aside the consent order for return of the child under the Hague Convention
  2. 2 Whether the judge erred in refusing to hear oral evidence or admit further evidence
  3. 3 Whether the judge erred in refusing to join the child as a party to the proceedings

Ratio Decidendi

There was no significant change in circumstances since the original consent order; the child's objections were not materially different from her earlier stated preferences, and the judge was entitled to find that the father's influence contributed to the child's resistance. The refusal to admit further evidence, hear oral evidence, or join the child as a party was justified. The application for permission to appeal was therefore refused.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed
  • No further orders made