C v K

C v K

The risk of breach of the order and the lack of effective legal safeguards for the children's return from Algeria outweigh the advantages of travel; the mother's evidence was unsatisfactory and the court cannot repose trust in her undertakings.

Parties
Applicant: C; Respondent: K
Jurisdiction
England and Wales
Judgment Date
04 December 2014
Procedural Posture
Family / Final Judgment
Outcome
Application dismissed
Legal Topics
Prohibited Steps Order, International Child Travel, Child Custody, Jurisdiction, Abduction Risk
Family Law Child Law Prohibited Steps Order International Child Travel Child Custody Jurisdiction Abduction Risk

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Parties

C

Applicant

K

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the Prohibited Steps Order restraining removal of children from the jurisdiction should be discharged
  2. 2 Risk of abduction if children are allowed to travel to Algeria
  3. 3 Effectiveness of legal safeguards for return of children from Algeria

Ratio Decidendi

The risk of breach of the order and the lack of effective legal safeguards for the children's return from Algeria outweigh the advantages of travel; the mother's evidence was unsatisfactory and the court cannot repose trust in her undertakings.

Court Disposition

Application dismissed

Orders

  • Prohibited Steps Order remains in force
  • Mother's application to discharge the order is declined