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F (A Child) [2014] EWCA Civ 275

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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

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