R (Children: Setting aside Hague return order) (No. 2), Re
The court set aside the return order by consent, finding good and sufficient reasons to do so following the father's application to withdraw his Hague Convention summons and the children's representatives' agreement to withdraw their appeal, without determining the merits of the appeal.
- Parties
- Applicant: Father; Respondents: Children (aged 13 and 11); Interested Party: Mother
- Jurisdiction
- England and Wales
- Judgment Date
- 20 January 2026
- Procedural Posture
- Appeal / Disposal of Appeal After Adjournment
- Outcome
- Appeal disposed of by consent; return order set aside; Hague Convention summons withdrawn.
- Legal Topics
- Hague Convention, Child Abduction, Return Orders, Protective Measures, Withdrawal of Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Father
Applicant
Children (aged 13 and 11)
Respondents
Mother
Interested Party
Procedural Posture
Appeal / Disposal of Appeal After Adjournment
Legal Issues
- 1 Whether to set aside the Hague return order following the father's application to withdraw his summons
- 2 Whether to allow the children's appeal against the return order
Ratio Decidendi
The court set aside the return order by consent, finding good and sufficient reasons to do so following the father's application to withdraw his Hague Convention summons and the children's representatives' agreement to withdraw their appeal, without determining the merits of the appeal.
Court Disposition
Appeal disposed of by consent; return order set aside; Hague Convention summons withdrawn.
Orders
- Father's application to withdraw Hague Convention summons granted.
- Children's appeal withdrawn.
Full Case Text
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