A v R

A v R

The court found no genuine risk of abduction by F, determined that D's welfare is best served by maintaining regular contact with both parents, and granted F permission to take D to Z and Hague Convention countries for holidays, subject to safeguards including a bond and undertakings. The court also ordered M to respond to F's reasonable requests for information about D within 48 hours and to provide advance notice of travel plans.

Parties
Applicant: A; Respondent: R
Jurisdiction
England and Wales
Judgment Date
20 July 2020
Procedural Posture
Children Act 1989 Application / Final Hearing
Outcome
Application granted in part; detailed child arrangements and specific issue orders made.
Legal Topics
Child Arrangements Order, Specific Issue Order, Temporary Removal From Jurisdiction, Parental Responsibility, International Child Abduction
Family Law Child Law Child Arrangements Order Specific Issue Order Temporary Removal From Jurisdiction Parental Responsibility 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 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

A

Applicant

R

Respondent

Procedural Posture

Children Act 1989 Application / Final Hearing

Legal Issues

  1. 1 Whether to grant a Child Arrangements Order regulating time spent by D with F
  2. 2 Whether to permit temporary removal of D to a non-Hague Convention country (Z) for holidays
  3. 3 Whether to impose safeguards to minimise risk of abduction

Ratio Decidendi

The court found no genuine risk of abduction by F, determined that D's welfare is best served by maintaining regular contact with both parents, and granted F permission to take D to Z and Hague Convention countries for holidays, subject to safeguards including a bond and undertakings. The court also ordered M to respond to F's reasonable requests for information about D within 48 hours and to provide advance notice of travel plans.

Court Disposition

Application granted in part; detailed child arrangements and specific issue orders made.

Orders

  • Child Arrangements Order specifying periods D will spend with F, including holidays and term time overnight stays.
  • Specific Issue Order permitting F to take D to Z and Hague Convention countries for holidays, subject to safeguards including a bond and undertakings.