R (Children: Temporary Leave To Remove From Jurisdiction), Re

R (Children: Temporary Leave To Remove From Jurisdiction), Re

The risk of wrongful retention in India, though low, is real and the consequences would be profoundly damaging. The absence of effective safeguards and expert evidence means the application to remove the children is not in their best welfare interests and must be refused. Contact arrangements are extended as recommended by the guardian, and internal relocation is restricted pending provision of information and police checks.

Parties
Applicant Mother: CR; First Respondent Father: DR; Children's Guardian: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
03 March 2014
Procedural Posture
Family / Judgment
Outcome
Mother's application to take children to India refused; contact extended; prohibited steps order made regarding relocation; directions for parental education; criticism and order regarding Legal Aid Agency.
Legal Topics
Temporary Leave to Remove From Jurisdiction, Contact Arrangements, Internal Relocation, Expert Evidence, Legal Aid Funding
Family Law Child Welfare Temporary Leave to Remove From Jurisdiction Contact Arrangements Internal Relocation Expert Evidence Legal Aid Funding

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Parties

CR

Applicant Mother

DR

First Respondent Father

Children’s Guardian

Children's Guardian

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Should the mother be granted permission to take the children to India for a holiday?
  2. 2 Should the father's contact with the children be extended?
  3. 3 Should the mother be permitted to relocate with the children to London?

Ratio Decidendi

The risk of wrongful retention in India, though low, is real and the consequences would be profoundly damaging. The absence of effective safeguards and expert evidence means the application to remove the children is not in their best welfare interests and must be refused. Contact arrangements are extended as recommended by the guardian, and internal relocation is restricted pending provision of information and police checks.

Court Disposition

Mother's application to take children to India refused; contact extended; prohibited steps order made regarding relocation; directions for parental education; criticism and order regarding Legal Aid Agency.

Orders

  • Mother's application for permission to take children to India refused.
  • Father's contact extended: collection from school Fridays, return by 5pm Sundays.