EN (Mother) v AH (Father)

EN (Mother) v AH (Father)

The court found the risk of the mother absconding with AH to Iran from Turkey to be negligible, given the safeguards offered and the mother's history of compliance. The trip to Turkey is in AH's best interests. On enforcement, the mother breached the Child Arrangements Order but had a reasonable excuse due to concerns raised by social services about Ms X, so enforcement is not granted at this stage pending further investigation.

Parties
Applicant (mother): EN; Respondent (father): AH
Jurisdiction
England and Wales
Judgment Date
07 May 2015
Procedural Posture
Family / Judgment
Outcome
Temporary leave to remove AH to Turkey granted; enforcement application not dismissed but deferred pending further investigation.
Legal Topics
Temporary Leave to Remove, Enforcement of Child Arrangements Order, Child Welfare, International Child Abduction
Family Law Child Law Temporary Leave to Remove Enforcement of Child Arrangements Order Child Welfare International Child Abduction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

EN

Applicant (mother)

AH

Respondent (father)

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the mother should be permitted temporary leave to remove AH to Turkey for a holiday
  2. 2 Whether the mother breached the Child Arrangements Order and if enforcement is warranted

Ratio Decidendi

The court found the risk of the mother absconding with AH to Iran from Turkey to be negligible, given the safeguards offered and the mother's history of compliance. The trip to Turkey is in AH's best interests. On enforcement, the mother breached the Child Arrangements Order but had a reasonable excuse due to concerns raised by social services about Ms X, so enforcement is not granted at this stage pending further investigation.

Court Disposition

Temporary leave to remove AH to Turkey granted; enforcement application not dismissed but deferred pending further investigation.

Orders

  • Mother permitted to take AH to Turkey for a holiday with specified safeguards, including surrender of birth certificates and travel on British passport if possible.
  • Mother to provide father with holiday details at least 28 days before travel.