CS & Anor v PD

The severe deterioration in the mother's psychiatric health following the return order constitutes a sufficient change in circumstances, and the effect on the mother and indirectly on the children would be so severe as to justify setting aside the order for return by consent.

Parties: Applicant: CS; Applicant: D; Respondent: PD
Jurisdiction: England and Wales
Judgment Date: 07 April 2017
Procedural Posture: Hague Convention Child Abduction / Judgment Following Applications to Set Aside and Withdraw Return Orders
Outcome: Applications by both fathers to withdraw their Hague Convention applications granted; mother's application to set aside return order granted by consent.
Legal Topics: Hague Convention, Child Arrangements, Psychological Harm, Change in Circumstances

Family Law International Child Abduction Hague Convention Child Arrangements Psychological Harm Change in Circumstances

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Applicant

Respondent

Procedural Posture

Hague Convention Child Abduction / Judgment Following Applications to Set Aside and Withdraw Return Orders

Legal Issues

1 Whether the order for summary return of children to America should be set aside due to subsequent change in circumstances
2 Whether the applications by the fathers for return under the Hague Convention should be withdrawn

Ratio Decidendi

Court Disposition

Applications by both fathers to withdraw their Hague Convention applications granted; mother's application to set aside return order granted by consent.

Orders

Order of Mrs. Justice Roberts for summary return of both children to America set aside.
Applications by both fathers for permission to withdraw their respective applications under the Hague Convention granted.