C v M & Anor (No 1 Hague Abduction: Application for Re-hearing)

C v M & Anor (No 1 Hague Abduction: Application for Re-hearing)

The court found that there has been a fundamental change in the circumstances since the original order, specifically in the quality and nature of X’s objections, her distress, and her independent actions. This new evidence undermines the basis of the previous return order, justifying its setting aside under the high threshold established by case law and Practice Direction.

Parties
Applicant: C; First Respondent: M; Second Respondent: X (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
04 April 2023
Procedural Posture
Family / Application for Rehearing and Setting Aside of Return Order
Outcome
Return order set aside for both children
Legal Topics
Hague Convention 1980, Child Objections, Grave Risk of Harm, Protective Measures, Jurisdiction
Family Law International Child Abduction Hague Convention 1980 Child Objections Grave Risk of Harm Protective Measures Jurisdiction

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Parties

C

Applicant

M

First Respondent

X (by their Children’s Guardian)

Second Respondent

Procedural Posture

Family / Application for Rehearing and Setting Aside of Return Order

Legal Issues

  1. 1 Whether there has been a fundamental change in circumstances warranting setting aside the return order under the Hague Convention
  2. 2 Whether the child's objections and distress constitute new evidence impacting the original order
  3. 3 Whether protective measures previously ordered are sufficient given new information

Ratio Decidendi

The court found that there has been a fundamental change in the circumstances since the original order, specifically in the quality and nature of X’s objections, her distress, and her independent actions. This new evidence undermines the basis of the previous return order, justifying its setting aside under the high threshold established by case law and Practice Direction.

Court Disposition

Return order set aside for both children

Orders

  • The return order dated 3 February 2023 for X and Y to Mauritius is set aside.
  • Further directions to be considered at the next hearing regarding informing the children.