[2025] EWHC 2508 (Fam)

Fecha: 01-Oct-2025

ensuring that it is dealt with expeditiously and fairly

“(a)

ensuring that it is dealt with expeditiously and fairly;

(b)

dealing with the case in ways which are proportionate to the nature, importance and complexity of the issues;

(c)

ensuring that the parties are on an equal footing;

(d)

saving expense; and

(e)

allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases” (FPR 2010 r 1.1(2)).

29.

The court must seek to give effect to the overriding objective when it exercises any power given to it by the rules or seeks to interpret any rule (FPR 2010 r 1.2).

30.

The court can dispense with the requirement for an application notice (FPR 2010 r 18.4(2)(b)).

31.

Pursuant to FPR 2010, r 12.52A:

“. . . (2) A party may apply under this rule to set aside a return order where no error of the court is alleged.
. . .
(5)
Where the court decides to set aside a return order, it shall give directions for a rehearing or make such other orders as may be appropriate to dispose of the application.
(6)
This rule is without prejudice to any power the High Court has to vary, revoke, discharge or set aside other orders, declarations or judgments which are not specified in this rule and where no error of the court is alleged.”

32.

FPR 2010, Practice Direction 12F, para 4.1A, provides as follows (emphasis added):

“Challenging a return order or non-return order
4.1A
If you are a party to a return case and you believe that the court has made an error, it is possible to apply for permission to appeal (see Part 30 of the Rules and Practice Direction 30A).
In rare circumstances, the court might also ‘set aside’ its own order where it has not made an error but where new information comes to light which fundamentally changes the basis on which the order was made. The threshold for the court to set aside its decision is high, and evidence will be required – not just assertions or allegations.
If the return order or non-return order was made under the 1980 Hague Convention, the court might set aside its decision where there has been fraud, material non-disclosure or mistake (which all essentially mean that there was information that the court needed to know in order to make its decision, but was not told), or where there has been a fundamental change in circumstances which undermines the basis on which the order was made. If you have evidence of such circumstances and wish to apply to the court to set aside its decision, you should use the procedure in Part 18 of the Rules.
. . ..”

33.

In Re B (A child) (Abduction: Article 13(b)) [2020] EWCA Civ 1057, Moylan LJ said (emphasis added):

“91.

I would further emphasise that, because of the high threshold, the number of cases