R (Children: Setting aside Hague return order) (No. 2), Re

Court

In the Court of Appeal (Civil Division)

Practice Areas

Public Children Law

The Court of Appeal previously handed down its substantive judgement, adjourning the appeal of two children who were subject to an order made by The President which provided for their return to the USA, under the Hague Convention 1980. This case was reported under [2025] EWCA 1426. Thereafter the matter was to be restored to the Court of Common Pleas in Delaware County, to make further orders if it saw fit; following, the Court of Appeal would hear further submissions and final orders disposing all aspects of the appeal.

Following the adjourned appeal brought by two children reported under [2025] EWCA 1426, the respondent father applied to withdraw his substantive application under the Hague Convention 1980. The representatives of the children withdrew their appeal.

The Court of Appeal therefore set aside the return order under CPR PD52A 6.4 by consent and without determining the merits of the appeal.

The Court of Appeal recorded that the allegations made against the father had not been substantiated by any independent body and rejected by the Court of Common Pleas and the First-Tier Tribunal. The Court went on to confirm that they would not have considered it appropriate to allow the children’s appeal, as the original decision made in 2024 for their return to the USA was entirely proper in principle.

To read the full judgment click here.