L & Anor (Application to Set Aside Return Order), Re
[2023] EWHC 2617 (Fam)
Re D & Anor
27 July 2023
[2023] EWHC 2129 (Fam)
High Court
A mom took her kids to England from Ireland without dad's permission. A judge ordered them back to Ireland. Mom tried to stop the order by saying things had changed, but the judge didn't believe her because she'd lied a lot. Another court agreed with the first judge, so the kids went back to Ireland with their mom.
Key Facts
- •Mother (M) brought two children to England from Ireland without the father's (F) consent.
- •Court granted a return order to Ireland on June 30, 2023.
- •M applied to set aside the return order on July 10, 2023, citing changed circumstances.
- •M argued changed circumstances related to accommodation, social housing, her mental health, and potential sibling separation.
- •The court considered the application as summary proceedings, emphasizing the need for swift resolution.
Legal Principles
To set aside a return order, there must be a fundamental change of circumstances.
Re W [2018] EWCA Civ 1904; Re B [2020] EWCA Civ 1057; Re A [2021] EWCA Civ 9; ST v QR [2022] EWHC 2133 (Fam); In re E [2019] EWCA Civ 1447
The applicant must prove the fundamental change of circumstances on a balance of probabilities.
Re B [2020] EWCA Civ 1057 at [89]
The bar for demonstrating a fundamental change of circumstances is set high to avoid delaying the Hague Convention process.
Re A at [48]-[49]
Outcomes
M's application to set aside the return order was dismissed.
The court found no fundamental change of circumstances in any of the issues raised by M. The court deemed M's evidence unreliable and manipulative, noting a pattern of deception throughout the proceedings.
The Court of Appeal upheld the decision to dismiss M's application.
The Court of Appeal deemed M's application for permission to appeal to be “Totally Without Merit”.