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

A Court of Appeal may set aside a Hague return order by consent under CPR PD52A 6.4 where it is satisfied that there are good and sufficient reasons, without determining the appeal’s merits. Withdrawal of the return summons and appeal is distinct from allowing the appeal. Setting aside the order on procedural grounds does not imply that the original return decision was erroneous. The court may regard that decision as proper in principle while bringing the proceedings to an end.

This was a further disposal hearing in an appeal concerning two children and a Hague Convention return order. In its main judgment, [2025] EWCA 1426, the Court of Appeal stayed an order requiring their return to the United States because suitable protective measures for their reception were not yet in place. The appeal was adjourned to allow possible further orders in Delaware. That did not occur. The father applied to withdraw his Hague Convention summons, and the children’s representatives agreed to withdraw the appeal. The central issue was whether the return order should be set aside by consent without determining the merits.

Disposition. The Court of Appeal granted the father’s application to withdraw his Hague Convention summons, issued on 17 March 2023. The children’s representatives withdrew their appeal. The return order made on 15 November 2024 and supplemented on 21 July 2025 was set aside by consent under CPR PD52A 6.4.

1. The court was satisfied that there were good and sufficient reasons for setting aside the order. It therefore disposed of the proceedings without determining the merits of the children’s appeal.
2. The procedural disposal did not amount to allowing the appeal. The court stated that it would not have considered it appropriate to allow the appeal because the original decision that the children should be returned to the United States was, in principle, entirely proper.
3. The court recorded that the allegations made against the father had not been substantiated by any independent body and had been considered and rejected by the Court of Common Pleas and the First-tier Tribunal. The father’s decision to withdraw his application was greatly respected, but the court made no further merits determination.

The earlier stay and adjournment recorded in [2025] EWCA 1426 consequently led to no further substantive hearing.

1. Court of Appeal (Civil Division): In [2025] EWCA 1426, the court stayed the return order because suitable protective measures were not yet in place and adjourned the appeal. In the present judgment, it set aside the return order by consent without determining the merits.
2. High Court of Justice, Family Division: A return order was made on 15 November 2024 and supplemented on 21 July 2025. The Court of Appeal set those orders aside.