The mother had brought the child from Turkey without the father’s consent. A consent order was agreed that she should return the child, against undertakings from the father, but the mother failed to comply, changed solicitors, and now alleged violence by the father against her. The father now appealed against a finding that the consent order was faulty in that the mother’s consent was given against poor quality legal advice.
Held: The appeal succeeded: ‘on the simple basis that the mother was not entitled to release from the consent order unless she had made good the case upon which she relied. The judge could not possibly find that case made good without giving full consideration to Mr A’s response to the detailed assertions made against his conduct ‘
Judges:
Thorpe, Longmore, Leveson LJJ
Citations:
[2013] EWCA Civ 204
Links:
Jurisdiction:
England and Wales
Children
Updated: 17 November 2022; Ref: scu.472628