AP v AF & Anor

AP v AF & Anor

The court found the risk of the mother not returning O to the UK is very small to non-existent, given her established life, property, and family in the UK, and her conduct in always seeking court permission. The advantages to O of visiting Colombia, including his heritage and family connections, outweigh the risks, which are further mitigated by safeguards including a charge on the mother's property and travel conditions. The prohibited steps order is discharged, and holidays to Colombia are permitted subject to safeguards.

Parties
Applicant: AP; First Respondent: AF; Second Respondent: O (by his Child’s Guardian, Justine Radford)
Jurisdiction
England and Wales
Judgment Date
26 November 2024
Procedural Posture
Family / Final Judgment on Application to Discharge Prohibited Steps Order and Permit Holiday Abroad
Outcome
Application granted; prohibited steps order discharged; permission to travel to Colombia granted with safeguards.
Legal Topics
Prohibited Steps Order, International Travel With Child, Child Welfare, Parental Responsibility, Hague Convention
Family Law Child Law Prohibited Steps Order International Travel With Child Child Welfare Parental Responsibility Hague Convention

Case Brief

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Parties

AP

Applicant

AF

First Respondent

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

Second Respondent

Procedural Posture

Family / Final Judgment on Application to Discharge Prohibited Steps Order and Permit Holiday Abroad

Legal Issues

  1. 1 Whether to discharge a prohibited steps order preventing removal of child from jurisdiction
  2. 2 Whether to permit the mother to take the child to Colombia for a holiday
  3. 3 Assessment of risk of non-return and child welfare

Ratio Decidendi

The court found the risk of the mother not returning O to the UK is very small to non-existent, given her established life, property, and family in the UK, and her conduct in always seeking court permission. The advantages to O of visiting Colombia, including his heritage and family connections, outweigh the risks, which are further mitigated by safeguards including a charge on the mother's property and travel conditions. The prohibited steps order is discharged, and holidays to Colombia are permitted subject to safeguards.

Court Disposition

Application granted; prohibited steps order discharged; permission to travel to Colombia granted with safeguards.

Orders

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