Log on
Browse content

F (A Child) [2014] EWCA Civ 275

Legal Materials Copyright Statement & Disclaimer

A wrongful removal case where the mother had taken the child to Wales without the permission of the Italian court or the father.

  • In brief: The mother, in the course of defending a wrongful removal case (M having removed the child from Italy to Wales), sought to instruct a psychiatrist to prepare a report on her mental health and the adverse impact a return to Italy would have on it. Initially, the application failed because it was not Part 25 Family Procedure Rules 2010 compliant. Second time around, the court found that M had failed to establish that such an instruction was "necessary" and also that M had failed to make out a defence under Article 13(b) Hague Convention 1980. M's appeal was dismissed, with the court concluding that there had still been insufficient information available to the court to justify instructing the expert and a return order made for the child.  

Published: 29/04/2014

Bookmark this item


Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.


The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.