C (A Child)

C (A Child)

The appeal was allowed because the judge erred in setting aside the consent order without a proper investigation of the mother's allegation of duress, particularly without giving Mr A an opportunity to respond to the detailed assertions against him. The mother was not entitled to release from the consent order unless she had made good her case, which required oral evidence and waiver of privilege.

Parties
Applicant: Turkish father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
24 January 2013
Procedural Posture
Family Law Child Abduction (hague Convention) / Appeal From Order Setting Aside Consent Order for Summary Return
Outcome
Appeal allowed
Legal Topics
Hague Convention on Child Abduction, Consent Orders, Duress and Undue Influence, Setting Aside Orders
Family Law International Law Hague Convention on Child Abduction Consent Orders Duress and Undue Influence Setting Aside Orders

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Parties

Turkish father

Applicant

Mother

Respondent

Procedural Posture

Family Law Child Abduction (hague Convention) / Appeal From Order Setting Aside Consent Order for Summary Return

Legal Issues

  1. 1 Whether the consent order for summary return under the Hague Convention should be set aside on grounds of duress or undue influence
  2. 2 Whether the judge erred in setting aside the consent order without proper investigation of the duress allegation

Ratio Decidendi

The appeal was allowed because the judge erred in setting aside the consent order without a proper investigation of the mother's allegation of duress, particularly without giving Mr A an opportunity to respond to the detailed assertions against him. The mother was not entitled to release from the consent order unless she had made good her case, which required oral evidence and waiver of privilege.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted
  • Order setting aside the consent order is itself set aside