AB v TB (Temporary Removal to Jordan)

AB v TB (Temporary Removal to Jordan)

The advantages to the children of visiting Jordan outweigh the risks to their welfare, with the risk of retention found to be highly unlikely and mitigated by safeguards including financial bonds and undertakings; permission is granted subject to conditions.

Parties
Applicant: AB; Respondent: TB
Jurisdiction
England and Wales
Judgment Date
09 December 2014
Procedural Posture
Family / Judgment
Outcome
Application granted subject to conditions.
Legal Topics
Child Custody, Prohibited Steps Order, Specific Issue Order, International Child Travel, Safeguards for Child Travel
Family Law Child Custody Prohibited Steps Order Specific Issue Order International Child Travel Safeguards for Child Travel

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Parties

AB

Applicant

TB

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the father should be permitted to take the children to Jordan for holidays
  2. 2 Whether the existing prohibited steps order preventing removal from England and Wales should be discharged
  3. 3 Assessment of risk of retention in Jordan

Ratio Decidendi

The advantages to the children of visiting Jordan outweigh the risks to their welfare, with the risk of retention found to be highly unlikely and mitigated by safeguards including financial bonds and undertakings; permission is granted subject to conditions.

Court Disposition

Application granted subject to conditions.

Orders

  • Permission for the father to take the children to Jordan at the end of the school term in summer 2015 for two weeks and for three weeks in subsequent years.
  • Mother has liberty to apply after the 2015 trip regarding subsequent years.