AM v DF

AM v DF

The judge's summary determination of the application to allow the mother to take the children to Iraq was unjust due to lack of evidence, inadequate scrutiny of risks, and procedural irregularity; the appeal is allowed and the order permitting travel is set aside.

Parties
Appellant: AM; Respondent: DF
Jurisdiction
England and Wales
Judgment Date
01 August 2017
Procedural Posture
Family Appeal / Judgment on Appeal
Outcome
Appeal allowed; permission to appeal granted; order permitting travel set aside; stay imposed pending further appeal.
Legal Topics
Temporary Relocation, Prohibited Steps Order, Child Arrangements, Welfare Checklist, Risk Assessment
Family Law Temporary Relocation Prohibited Steps Order Child Arrangements Welfare Checklist Risk Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

AM

Appellant

DF

Respondent

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge erred in allowing temporary removal of children to Iraq without rigorous scrutiny and evidence
  2. 2 Whether the welfare checklist and risk of harm were adequately considered
  3. 3 Whether procedural fairness was observed in determining the application at a directions hearing

Ratio Decidendi

The judge's summary determination of the application to allow the mother to take the children to Iraq was unjust due to lack of evidence, inadequate scrutiny of risks, and procedural irregularity; the appeal is allowed and the order permitting travel is set aside.

Court Disposition

Appeal allowed; permission to appeal granted; order permitting travel set aside; stay imposed pending further appeal.

Orders

  • Father granted permission to appeal against order dated 9 May 2017 varying prohibited steps order.
  • Father's appeal against order dated 9 May 2017 allowed.