AP v AF & Anor [2024] EWFC 104 (14 May 2024)

AP v AF & Anor [2024] EWFC 104 (14 May 2024)

The court found that the risk of the mother not returning the child from Colombia is now very small to non-existent due to her strong and established ties to the UK, her compliance with all previous orders, and the significant detriment to the child if not permitted to visit Colombia. The court was satisfied that appropriate safeguards, including a charge on the mother's property and conditions regarding travel, would mitigate any residual risk. The welfare of the child, including his wishes and need to connect with his heritage, outweighed the minimal risk of non-return.

Citation
[2024] EWFC 104
Parties
Applicant: AP; First Respondent: AF; Second Respondent: O (by his Child's Guardian, Justine Radford)
Jurisdiction
England and Wales
Judgment Date
14 May 2024
Procedural Posture
Family Law Children / Final Hearing on Application to Discharge Prohibited Steps Order and Permit International Travel
Outcome
Application granted; prohibited steps order discharged; permission granted for holidays in Colombia subject to safeguards.
Legal Topics
Prohibited Steps Order, International Child Travel, Child Welfare, Hague Convention, Shared Care Arrangements
Family Law Child Law Prohibited Steps Order International Child Travel Child Welfare Hague Convention Shared Care Arrangements

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 5 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

AP

Applicant

AF

First Respondent

O (by his Child's Guardian, Justine Radford)

Second Respondent

Procedural Posture

Family Law Children / Final Hearing on Application to Discharge Prohibited Steps Order and Permit International Travel

Legal Issues

  1. 1 Whether to discharge a prohibited steps order preventing removal of a child from the jurisdiction
  2. 2 Whether to permit the mother to take the child to Colombia for a holiday

Ratio Decidendi

The court found that the risk of the mother not returning the child from Colombia is now very small to non-existent due to her strong and established ties to the UK, her compliance with all previous orders, and the significant detriment to the child if not permitted to visit Colombia. The court was satisfied that appropriate safeguards, including a charge on the mother's property and conditions regarding travel, would mitigate any residual risk. The welfare of the child, including his wishes and need to connect with his heritage, outweighed the minimal risk of non-return.

Court Disposition

Application granted; prohibited steps order discharged; permission granted for holidays in Colombia subject to safeguards.

Orders

  • Prohibited steps order discharged.
  • Mother permitted to take the child to Colombia for holidays of up to three weeks, subject to a charge on her property as security until the child is 16.