AB and CD (Children) (No 3), Re

AB and CD (Children) (No 3), Re

There is no realistic prospect of implementing the return order in the foreseeable future, which fundamentally changes the basis on which the order was made. Continuation of proceedings would cause harm to the children and is contrary to the spirit and purpose of the Hague Convention. The high threshold for setting aside is met on these unique facts.

Parties
First Applicant: SG1; Second Applicant: SG2; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
10 February 2025
Procedural Posture
Child Abduction and Custody / Application to Set Aside Return Order
Outcome
return order set aside; proceedings concluded
Legal Topics
Hague Convention, Return Order, Set Aside Application, Child's Objections, Welfare of Children
Family Law International Child Abduction Hague Convention Return Order Set Aside Application Child's Objections Welfare of Children

Case Brief

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Parties

SG1

First Applicant

SG2

Second Applicant

Mother

Respondent

Procedural Posture

Child Abduction and Custody / Application to Set Aside Return Order

Legal Issues

  1. 1 Whether the return order should be set aside due to fundamental change in circumstances
  2. 2 Whether continuation of proceedings causes harm to the children
  3. 3 Whether there is a realistic prospect of implementing the return order

Ratio Decidendi

There is no realistic prospect of implementing the return order in the foreseeable future, which fundamentally changes the basis on which the order was made. Continuation of proceedings would cause harm to the children and is contrary to the spirit and purpose of the Hague Convention. The high threshold for setting aside is met on these unique facts.

Court Disposition

return order set aside; proceedings concluded

Orders

  • return order dated 06 December 2024 set aside
  • proceedings under the Hague Convention brought to an end