AA v BB [2021] EWFC 55 (11 June 2021)

AA v BB [2021] EWFC 55 (11 June 2021)

Given the real and substantial risk that the mother would lose custodial rights in Dubai or Jordan due to her apostasy, and the lack of effective safeguards in those jurisdictions, the welfare of the children requires that all direct contact between the father and the children take place in England and Wales,...

Source-derived case information.

Citation
[2021] EWFC 55
Parties
Applicant: AA; Respondent: BB
Jurisdiction
England and Wales
Judgment Date
11 June 2021
Procedural Posture
Family Law Children Act Proceedings / Final Judgment After Contested Hearing
Outcome
Application for overseas contact refused; supervised direct contact in England and Wales ordered; indirect contact by video to continue.
Legal Topics
Child Arrangements, Prohibited Steps Orders, International Child Abduction, Jurisdiction, Welfare of the Child, Temporary Removal From Jurisdiction
Family Law Private International Law Child Arrangements Prohibited Steps Orders International Child Abduction Jurisdiction Welfare of the Child Temporary Removal From Jurisdiction

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Parties

AA

Applicant

BB

Respondent

Procedural Posture

Family Law Children Act Proceedings / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the father should be permitted direct and indirect contact with the children outside England and Wales, including in Dubai and Jordan
  2. 2 Whether there is a real risk of abduction or retention if the children travel to Dubai or Jordan
  3. 3 What child arrangements and safeguards are in the best interests of the children

Ratio Decidendi

Given the real and substantial risk that the mother would lose custodial rights in Dubai or Jordan due to her apostasy, and the lack of effective safeguards in those jurisdictions, the welfare of the children requires that all direct contact between the father and the children take place in England and Wales, supervised initially, with indirect contact by video to continue. The risk of abduction or retention outweighs any potential benefit of overseas contact.

Court Disposition

Application for overseas contact refused; supervised direct contact in England and Wales ordered; indirect contact by video to continue.

Orders

  • No direct contact between the children and the father outside England and Wales.
  • Direct contact between the children and the father in England and Wales to be supervised initially, with review.