R (Children: Setting Aside Hague Return Order) [2025] EWCA Civ 1426

The Court of Appeal, comprising a panel of the Lady Chief Justice, Lady Carr of Walton-on-the-Hill, Lady Justice King and Lord Justice Peter Jackson, handed down its judgment in the recent appeal against an order of the President of the Family Division. The President had dismissed an application to set aside a return order of two children to the USA.

The Court of Appeal held that orders made in the USA constituted a fundamental change of circumstances and set aside the President’s earlier dismissal of the set aside application. The return order has been stayed and the appeal has been adjourned to allow the US court to reconsider its own orders in the light of new information.

Richard Little, instructed by Creighton & Partners, appeared for the Respondent Father with Teertha Gupta KC.

R (Children: Setting Aside Hague Return Order) [2025] EWCA Civ 1426 judgment 

14th Nov 2025

Richard Little

Call 2000