E, Z, D, V (Welfare), Re
Direct contact with the Applicant in Uganda is not in the best interests of the children at this time due to emotional instability, risk of harm, and destabilisation of their relationships with their primary carer. Contact arrangements in England and indirect video contact are sufficient to promote the children’s welfare. Parental Responsibility for ‘V’ and Prohibited Steps Order are not necessary. Inclusion of paternal name for three oldest children is appropriate. Retention of travel documents by solicitors is no longer required.
- Parties
- Applicant: A; First Respondent: R; Second Respondent: N
- Jurisdiction
- England and Wales
- Judgment Date
- 21 February 2025
- Procedural Posture
- Family / Final Welfare Hearing
- Outcome
- Child Arrangements Order and Specific Issue Order granted by consent; applications for leave to remove, Parental Responsibility for ‘V’, and Prohibited Steps Order dismissed; Orders for retention of travel documents discharged.
- Legal Topics
- Child Arrangements Order, Specific Issue Order, Prohibited Steps Order, Parental Responsibility, International Child Abduction, Contact Arrangements, Name Change, Retention of Travel Documents
Case Brief
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Parties
A
Applicant
R
First Respondent
N
Second Respondent
Procedural Posture
Family / Final Welfare Hearing
Legal Issues
- 1 Whether the children should spend time with the Applicant in Uganda
- 2 Whether the children should spend time with the Applicant in England
- 3 What indirect contact should take place between the Applicant and children
Ratio Decidendi
Direct contact with the Applicant in Uganda is not in the best interests of the children at this time due to emotional instability, risk of harm, and destabilisation of their relationships with their primary carer. Contact arrangements in England and indirect video contact are sufficient to promote the children’s welfare. Parental Responsibility for ‘V’ and Prohibited Steps Order are not necessary. Inclusion of paternal name for three oldest children is appropriate. Retention of travel documents by solicitors is no longer required.
Court Disposition
Child Arrangements Order and Specific Issue Order granted by consent; applications for leave to remove, Parental Responsibility for ‘V’, and Prohibited Steps Order dismissed; Orders for retention of travel documents discharged.
Orders
- Mother to make children available for direct contact with Applicant twice yearly in England.
- Indirect video contact between children and Applicant weekly and biweekly as specified.
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