B v C (temporary leave to remove to non-Hague Convention country) (Rev 1) [2017] EWFC B97 (12 December 2017)

B v C (temporary leave to remove to non-Hague Convention country) (Rev 1) [2017] EWFC B97 (12 December 2017)

The court found that the risk of the mother abducting A or failing to return him to the jurisdiction is virtually non-existent, based on her history of compliance, child-focused approach, and lack of evidence of any intent to relocate. The court also found that the father's approach was not child-focused and that a shared care order would not be in A's best interests. The welfare of A is best served by maintaining the current arrangements, with permission for the mother to take A on holidays abroad, including to Country X, subject to appropriate safeguards.

Citation
[2017] EWFC B97
Parties
Applicant/mother: [Mother's Name Redacted]; Respondent/father: [Father's Name Redacted]
Jurisdiction
England and Wales
Judgment Date
12 December 2017
Procedural Posture
Family Law Child Arrangements and Leave to Remove / Final Hearing and Judgment
Outcome
Mother's application for permission to take A on holidays abroad, including to Country X, is granted. Father's application for a shared care order is refused.
Legal Topics
Child Arrangements, Leave to Remove From Jurisdiction, Welfare of the Child, Prohibited Steps Order, Shared Care
Family Law Child Law Child Arrangements Leave to Remove From Jurisdiction Welfare of the Child Prohibited Steps Order Shared Care

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Parties

[Mother's Name Redacted]

Applicant/mother

[Father's Name Redacted]

Respondent/father

Procedural Posture

Family Law Child Arrangements and Leave to Remove / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the mother should be granted permission to take A on holidays, including to non-Hague Convention countries such as Country X
  2. 2 Whether the father should be granted a child arrangements order dividing A's time equally between the parents

Ratio Decidendi

The court found that the risk of the mother abducting A or failing to return him to the jurisdiction is virtually non-existent, based on her history of compliance, child-focused approach, and lack of evidence of any intent to relocate. The court also found that the father's approach was not child-focused and that a shared care order would not be in A's best interests. The welfare of A is best served by maintaining the current arrangements, with permission for the mother to take A on holidays abroad, including to Country X, subject to appropriate safeguards.

Court Disposition

Mother's application for permission to take A on holidays abroad, including to Country X, is granted. Father's application for a shared care order is refused.

Orders

  • Mother is permitted to take A on holidays abroad, including to non-Hague Convention countries such as Country X, subject to appropriate safeguards to be specified.
  • The existing child arrangements order remains in force: A continues to live primarily with his mother and spends time with his father as previously ordered.