Family Law Hub

N v J (Power to Set Aside Return Order) [2017] EWHC 2752 (Fam)

In a tweet: HC has power to set aside return order made by equivalent level judge where there is a change of circumstance or material non-disclosure

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Case note, published: 19/01/2018

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  • Mother's application to have the return order, ordering her to return the children to their father in America, set aside on the grounds of (a) material non-disclosure at the hearing on 14 September 2017 and (b) a material change of circumstances since the hearing on 14 September 2017. She also contended that the return order should be set aside by reason of her being "denied the right of representation" at that hearing. The application was dismissed, the judge saying that to set aside the return order absent a change of circumstances or a material non-disclosure would be to allow the mother to have "two bites at the cherry" and would act to undermine the concept of appeal. Judgment, 06/11/2017, free

Published: 19/01/2018

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