A father v A mother

A father v A mother

The court found a moderate risk of abduction if the mother were permitted to travel with the children to Malaysia or Hong Kong, heightened by her breach of confidentiality orders. The minimal benefit to the children from travel at this time is outweighed by the risk of further emotional harm from parental conflict and potential abduction. The court was not positively satisfied that travel was in the children's best interests. The child arrangements order was adjourned for updated evidence, but interim contact was increased to the father. A 12-month prohibited steps order and a section 91(14) bar were imposed to prevent removal and further applications during this period.

Parties
Applicant: A father; Respondent: A mother
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family (children) Private Law / Final Hearing (interim Orders, Adjourned for Updated S 7 Report)
Outcome
Mother's application for temporary removal to Malaysia and Hong Kong dismissed; father's prohibited steps order granted for 12 months; child arrangements order adjourned for 6 months; section 91(14) order imposed for 12 months.
Legal Topics
Child Arrangements Order, Prohibited Steps Order, Specific Issue Order, Temporary Removal From Jurisdiction, International Child Abduction, Contempt of Court, Section 91(14) Children Act 1989
Family Law Child Law Child Arrangements Order Prohibited Steps Order Specific Issue Order Temporary Removal From Jurisdiction International Child Abduction Contempt of Court +1 more

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Parties

A father

Applicant

A mother

Respondent

Procedural Posture

Family (children) Private Law / Final Hearing (interim Orders, Adjourned for Updated S 7 Report)

Legal Issues

  1. 1 Whether to grant a child arrangements order for shared care or primary care with mother
  2. 2 Whether to permit temporary removal of children to Malaysia and Hong Kong
  3. 3 Whether to grant a prohibited steps order preventing removal to Malaysia and Hong Kong

Ratio Decidendi

The court found a moderate risk of abduction if the mother were permitted to travel with the children to Malaysia or Hong Kong, heightened by her breach of confidentiality orders. The minimal benefit to the children from travel at this time is outweighed by the risk of further emotional harm from parental conflict and potential abduction. The court was not positively satisfied that travel was in the children's best interests. The child arrangements order was adjourned for updated evidence, but interim contact was increased to the father. A 12-month prohibited steps order and a section 91(14) bar were imposed to prevent removal and further applications during this period.

Court Disposition

Mother's application for temporary removal to Malaysia and Hong Kong dismissed; father's prohibited steps order granted for 12 months; child arrangements order adjourned for 6 months; section 91(14) order imposed for 12 months.

Orders

  • Mother prohibited from removing children to Malaysia or Hong Kong for 12 months
  • Section 91(14) order: no further applications for removal to Malaysia or Hong Kong for 12 months without leave