C v K [2014] EWHC 4125 (Fam) (04 December 2014)

C v K [2014] EWHC 4125 (Fam) (04 December 2014)

There is a clear and identifiable risk that the mother would not return the children from Algeria, and no effective safeguards exist to secure their return. The advantages of travel do not outweigh the risks to the children's welfare. The mother's evidence was not candid or trustworthy, and the expert evidence confirms the lack of enforceable remedies in Algeria. The Prohibited Steps Order should not be discharged.

Citation
[2014] EWHC 4125 (Fam)
Parties
Applicant: C; Respondent: K
Jurisdiction
England and Wales
Judgment Date
04 December 2014
Procedural Posture
Family Law Children / Final Hearing on Application to Discharge Prohibited Steps Order
Outcome
Application dismissed
Legal Topics
Prohibited Steps Order, International Child Travel, Child Abduction Risk, Jurisdiction, Best Interests of the Child
Family Law Child Law Prohibited Steps Order International Child Travel Child Abduction Risk Jurisdiction Best Interests of the Child

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 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

C

Applicant

K

Respondent

Procedural Posture

Family Law Children / Final Hearing on Application to Discharge Prohibited Steps Order

Legal Issues

  1. 1 Whether the Prohibited Steps Order preventing removal of children from the jurisdiction should be discharged
  2. 2 Whether there are effective safeguards to ensure the return of the children if allowed to travel to Algeria
  3. 3 Whether the advantages of travel to Algeria outweigh the risks to the children's welfare

Ratio Decidendi

There is a clear and identifiable risk that the mother would not return the children from Algeria, and no effective safeguards exist to secure their return. The advantages of travel do not outweigh the risks to the children's welfare. The mother's evidence was not candid or trustworthy, and the expert evidence confirms the lack of enforceable remedies in Algeria. The Prohibited Steps Order should not be discharged.

Court Disposition

Application dismissed

Orders

  • The application to discharge the Prohibited Steps Order is refused.