AB v TB (Temporary Removal to Jordan) [2014] EWHC 4663 (Fam) (09 December 2014)

The court found that the advantages to the children of visiting Jordan with their father outweigh the risks of retention, which are highly unlikely to materialise and can be mitigated by safeguards including undertakings, a financial bond, and registration of orders in Jordan.

Citation: [2014] EWHC 4663 (Fam)
Parties: Applicant: AB; Respondent: TB
Jurisdiction: England and Wales
Judgment Date: 09 December 2014
Procedural Posture: Specific Issue Order Application / Final Judgment
Outcome: Application granted with conditions
Legal Topics: Prohibited Steps Order, Specific Issue Order, Child Abduction Risk, International Child Travel, Welfare of the Child

Family Law Prohibited Steps Order Specific Issue Order Child Abduction Risk International Child Travel Welfare of the Child

Case Brief

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Parties

Applicant

Respondent

Procedural Posture

Specific Issue Order Application / Final Judgment

Legal Issues

1 Whether to discharge a prohibited steps order preventing the father from taking the children to Jordan
2 Whether to grant a specific issue order permitting the father to take the children to Jordan for holidays
3 Assessment of risk of child retention in a non-Hague Convention country

Ratio Decidendi

Court Disposition

Application granted with conditions

Orders

Prohibited steps order discharged to permit travel to Jordan for holidays
Specific issue order granted allowing the father to take the children to Jordan for two weeks in summer 2015 and three weeks in subsequent years, subject to safeguards