Rob George KC and Edward Bennett in M v A (No 2: Application to Set Aside Return Order) [2025] EWHC 1344 (Fam)
11th Jun 2025 | Cases
Professor Rob George KC and Edward Bennett represented the father inย ๐ ย ๐ย ๐ย (๐ก๐ผ.ย ๐ฎ:ย ๐๐ฝ๐ฝ๐น๐ถ๐ฐ๐ฎ๐๐ถ๐ผ๐ปย ๐๐ผย ๐ฆ๐ฒ๐ย ๐๐๐ถ๐ฑ๐ฒย ๐ฎย ๐ฅ๐ฒ๐๐๐ฟ๐ปย ๐ข๐ฟ๐ฑ๐ฒ๐ฟ) [๐ฎ๐ฌ๐ฎ๐ฑ]ย ๐๐ช๐๐ย ๐ญ๐ฏ๐ฐ๐ฐย (๐๐ฎ๐บ), an important decision concerning the High Courtโs power to set aside an earlier return order made in child abduction proceedings based on change of circumstances. Instructed by Kim Lehal of RWK Goodman solicitors, Rob and Edward addressed arguments in relation to mental health and the motherโs own decision that she would not return with the children, contrary to her position at the original hearing. The judgment sets out and applies the legal approach to set-aside applications, and the unusual facts of this case show that the bar for setting aside an earlier return order in 1980 Hague Convention proceedings remains high. M v A (No 2) is essential reading for anyone considering whether there are grounds to seek to set aside an earlier international children order.
Rob and Edward are amongst the experts in international family law at Harcourt Chambers. They appear in numerous reported cases each year concerning international children matters, including High Court and Court of Appeal cases. Robโs profile can be viewed here and Edwardโs is here.
