[2025] EWHC 2508 (Fam)

Fecha: 01-Oct-2025

which merit any application to set aside are likely to be few in number. The court will

which merit any application to set aside are likely to be few in number. The court will

clearly be astute to prevent what, in essence, are attempts to re-argue a case which

has already been determined or attempts to frustrate the court’s previous

determination by taking steps designed to support or create an alleged change of

circumstances.”

34.

The reason for this “high threshold” was further explained by the Court of Appeal (Hayden J giving the lead judgment) in its decision in A (A Child) (1980 Hague Convention: Set Aside) [2021] EWCA Civ 194 at para 48.

35.

In Re B (A child) (Abduction: Article 13(b)) (above), between paras 86 and 90, Moylan LJ provided guidance as to the approach which the court should take when a set aside application has been made. After drawing an analogy with the approach taken in cases where an application has been made to re-open findings of fact in children cases, Moylan LJ said:

“89.
I suggest the process, referred to above and adapted as follows, should be applied