F (Children), Re

F (Children), Re

The medical evidence demonstrated a significant change in L's mental health since the original return order, creating genuine risk if forced to return to Hungary. The judge was entitled to find this change sufficient to justify setting aside the return orders for all children, given the intolerable consequences of sibling separation and the mother's unwillingness to return without L.

Parties
Appellant: Father; Respondent: Mother; Interested Party: L (child); Interested Party: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
07 December 2016
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Hague Convention, Return Orders, Change of Circumstances, Child Welfare
Family Law International Child Abduction Hague Convention Return Orders Change of Circumstances Child Welfare

Case Brief

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Parties

Father

Appellant

Mother

Respondent

L (child)

Interested Party

Children's Guardian

Interested Party

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was a significant change of circumstances justifying setting aside return orders under the 1980 Hague Convention
  2. 2 Whether the High Court has power to revoke return orders under the Hague Convention
  3. 3 Application of Article 13(b) Hague Convention regarding separation of siblings

Ratio Decidendi

The medical evidence demonstrated a significant change in L's mental health since the original return order, creating genuine risk if forced to return to Hungary. The judge was entitled to find this change sufficient to justify setting aside the return orders for all children, given the intolerable consequences of sibling separation and the mother's unwillingness to return without L.

Court Disposition

appeal dismissed

Orders

  • Return orders set aside; rehearing of father's application for return of children directed; referral to consultant child psychiatrist for independent report on L's state of mind.