L And B (Children : Specific Issues : temporary Leave To Remove From the Jurisdiction; Circumcision)

L And B (Children : Specific Issues : temporary Leave To Remove From the Jurisdiction; Circumcision)

Given the ongoing risk of abduction or retention, the lack of effective safeguards in Algeria or other non-Hague Convention countries, and the catastrophic consequences for the children if retained abroad, the court cannot be positively satisfied that the benefits of foreign travel outweigh the risks. Regarding circumcision, the irreversible nature of the procedure, absence of medical necessity, the mother's strong and rational opposition, and the children's current mixed religious upbringing mean it is not in their best interests to be circumcised at this stage; the decision should be deferred until they are competent to decide. The current child arrangements should remain with a modest...

Parties
Applicant Father: AB; Respondent Mother: (Name withheld for anonymity); Children (joined Parties): L and B (Children)
Jurisdiction
England and Wales
Judgment Date
05 April 2016
Procedural Posture
Family Children (specific Issue/child Arrangements) / Final Judgment After Full Hearing
Outcome
Father's applications for leave to remove the children from the jurisdiction (including to Algeria and France) and for circumcision refused; modest increase in father's contact granted.
Legal Topics
Specific Issue Orders, Child Arrangements, International Child Abduction, Religious Upbringing, Circumcision, Leave to Remove From Jurisdiction
Family Law Child Law Specific Issue Orders Child Arrangements International Child Abduction Religious Upbringing Circumcision Leave to Remove From Jurisdiction

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Parties

AB

Applicant Father

(Name withheld for anonymity)

Respondent Mother

L and B (Children)

Children (joined Parties)

Procedural Posture

Family Children (specific Issue/child Arrangements) / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the father should be permitted to remove the children from the jurisdiction for foreign travel, including to Algeria (a non-Hague Convention country)
  2. 2 Whether the children should be circumcised in accordance with the father's Muslim faith despite the mother's opposition
  3. 3 How the children's time should be divided between the parents

Ratio Decidendi

Given the ongoing risk of abduction or retention, the lack of effective safeguards in Algeria or other non-Hague Convention countries, and the catastrophic consequences for the children if retained abroad, the court cannot be positively satisfied that the benefits of foreign travel outweigh the risks. Regarding circumcision, the irreversible nature of the procedure, absence of medical necessity, the mother's strong and rational opposition, and the children's current mixed religious upbringing mean it is not in their best interests to be circumcised at this stage; the decision should be deferred until they are competent to decide. The current child arrangements should remain with a modest...

Court Disposition

Father's applications for leave to remove the children from the jurisdiction (including to Algeria and France) and for circumcision refused; modest increase in father's contact granted.

Orders

  • Prohibited steps order preventing removal of the children from England and Wales to remain in force.
  • Father's application for circumcision dismissed; declaratory recital that it is not in the children's best interests to undergo the procedure at this time or until they are competent to decide.