A & B, Re
The risk that the children would not return from the Philippines is significant, with no effective legal safeguards available to secure their return. The consequences for the children's relationship with their father would be catastrophic if they were retained in the Philippines. The welfare of the children requires refusal of the mother's application and granting of the father's prohibited steps order until B reaches the age of 7.
- Parties
- Applicant Mother: M; Respondent Father: M
- Jurisdiction
- England and Wales
- Judgment Date
- 12 December 2025
- Procedural Posture
- Family / Final Judgment
- Outcome
- Mother's application for permission to take the children to the Philippines refused; father's application for prohibited steps order granted.
- Legal Topics
- Specific Issue Order, Prohibited Steps Order, International Child Abduction, Jurisdiction, Child Welfare, Parental Responsibility
Case Brief
Summary, issues, holding and outcome
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Parties
M
Applicant Mother
M
Respondent Father
Procedural Posture
Family / Final Judgment
Legal Issues
- 1 Whether the mother should be permitted to take the children to the Philippines for a holiday
- 2 Whether a prohibited steps order should be made preventing removal of the children from England and Wales
- 3 Assessment of risk of non-return from the Philippines
Ratio Decidendi
The risk that the children would not return from the Philippines is significant, with no effective legal safeguards available to secure their return. The consequences for the children's relationship with their father would be catastrophic if they were retained in the Philippines. The welfare of the children requires refusal of the mother's application and granting of the father's prohibited steps order until B reaches the age of 7.
Court Disposition
Mother's application for permission to take the children to the Philippines refused; father's application for prohibited steps order granted.
Orders
- Prohibited steps order preventing removal of the children from the jurisdiction of England and Wales until 4.00pm on B's 7th birthday.
- Neither party may obtain duplicate or alternative passports or travel documents for the children during the currency of the order.
Full Case Text
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