AS v CPW (Rev 1)

AS v CPW (Rev 1)

B is a Gillick-competent child whose wishes to remain in Sierra Leone until 2022 are not objectively foolish or unreasonable. The paramount consideration is his welfare, which is best served by respecting his wishes. The father's application for a summary inward return order is dismissed, and the mother's application to keep B in Sierra Leone is granted. Wardship is unnecessary and is discharged. Contact arrangements are made to ensure safety and promote family relationships.

Parties
Applicant (father): AS; Respondent (mother): CPW
Jurisdiction
England and Wales
Judgment Date
18 May 2020
Procedural Posture
Wardship and Child Arrangements (private Law) / Final Judgment
Outcome
Father's application for summary inward return order dismissed; mother's application to keep B in Sierra Leone until summer 2022 granted; wardship discharged; contact and passport orders made.
Legal Topics
Wardship, Child Arrangements, Inward Return Orders, Habitual Residence, Gillick Competence, Contact Orders, Domestic Abuse, Jurisdiction
Family Law Child Abduction Children's Rights Wardship Child Arrangements Inward Return Orders Habitual Residence Gillick Competence +3 more

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 5 Authorities cited 23 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

AS

Applicant (father)

CPW

Respondent (mother)

Procedural Posture

Wardship and Child Arrangements (private Law) / Final Judgment

Legal Issues

  1. 1 Whether to order the summary inward return of B to the UK from Sierra Leone
  2. 2 Whether to permit the mother to retrospectively relocate B to Sierra Leone until 2022
  3. 3 What child arrangements and contact orders are appropriate for all three children

Ratio Decidendi

B is a Gillick-competent child whose wishes to remain in Sierra Leone until 2022 are not objectively foolish or unreasonable. The paramount consideration is his welfare, which is best served by respecting his wishes. The father's application for a summary inward return order is dismissed, and the mother's application to keep B in Sierra Leone is granted. Wardship is unnecessary and is discharged. Contact arrangements are made to ensure safety and promote family relationships.

Court Disposition

Father's application for summary inward return order dismissed; mother's application to keep B in Sierra Leone until summer 2022 granted; wardship discharged; contact and passport orders made.

Orders

  • B to remain in Sierra Leone until summer 2022 to complete GCSEs.
  • All three children de-warded; wardship discharged.