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CHILD ABDUCTION: Under pressure

10 November 2017  

Joanne Green looks at the limited circumstances in which an order made by consent may be set aside on the basis of duress

Family practitioners will know that there are limited circumstances where the court will set aside a consent order. In financial proceedings, it is accepted that a consent order can be set aside if at the time that the order was made there was non-disclosure of some essential matter, fraud or misrepresentation, or a supervening (Barder) event that invalidates the whole basis of the order. In both Tommey v Tommey [1983] and Livesey (formerly Jenkins) v Jenkins [1984], whether undue influence could also be a ground for setting aside a consent order was considered, but the courts found that it could not be. This area of law has now been considered further in the child abduction case of SA v FA (setting aside consent order on ground of duress) [2017], with Holman J providing useful guidance on the matter.

Additional Info

  • Case(s) Referenced:

    Livesey (formerly Jenkins) v Jenkins [1984] UKHL 3

    SA v FA (setting aside consent order on ground of duress) [2017] EWHC 1731 (Fam)

    Tommey v Tommey (1983) 4 FLR 159