Arrangements for children and Barder events
My colleague Deborah Levy comments on the case of Nasim v Nasim and the grant of permission to appeal on the basis of a change in arrangements for the children soon after the making of a court order, and the approach of the court to the Barder criteria.
As to the Barder criteria, Holman J considered that in relation to the events in January 2015, that led the children to reside with the husband instead of the wife, it was arguable, with a real prospect of success, that the events had falsified the assumptions on which the original order had been made so that the proposed appeal would almost certainly succeed. As to the wife’s remarriage he commented, on an obiter basis, that a subsequent marriage does not amount to a Barder event, but an exception may be where, at the time of the making of the order itself, a settled intention to re-marry was fraudulently concealed from the other party and the court. Permission to appeal was, therefore, granted.”