Family Law Hub

The father appealed against a decision to set aside a return order and to dismiss his application for summary return. The father was an Italian national, the mother a British national, and shortly after their son was born in England they moved to Italy. In 2019, when the child was 10, the mother brought him to England and they did not return. The judge had found that the evidence of the child's wishes and feelings amounted to "a fundamental change of circumstances" and "a fundamental change to the basis on which the previous order was made". In Hayden J's view, although the judge had clearly identified a significant and sustained degree of pressure placed on the child by his mother, he did not seem to have considered how this would have compromised the authenticity of the child's expressed views. The test as to whether there had been a 'fundamental change of circumstances' had to be set high. The mother's application was a clear example of an attempt to reargue a case which had already been comprehensively determined. Asplin and Moylan LJJ agreed. The appeal would be allowed and an order made for the child's return to Italy. The child would not be added as a party to proceedings; to do so would only serve to heighten the conflict that he had struggled to avoid.

• Read the full text of the judgment on Bailii

Published: 04/03/2021