CD v EF (Temporary Relocation)

CD v EF (Temporary Relocation)

It is not in the child's best interests to order contact in Japan at this stage due to the child's clear wishes, the lack of trust between parents, the absence of sufficient safeguards or expert evidence regarding enforcement in Japan, and the father's non-compliance with English court orders. Contact should take place in a third country (France) under specified conditions, with the father to bear travel and accommodation costs, and the arrangement to be flexible to allow future agreement for contact elsewhere.

Parties
Applicant: CD; Respondent: EF
Jurisdiction
England and Wales
Judgment Date
29 March 2021
Procedural Posture
Child Arrangements/contact Order (article 21 Hague Convention) / Final Judgment After Oral Hearing
Outcome
Contact order granted for contact in France, not Japan or England, with specified conditions; living arrangements and prohibited steps order made; financial remedy proceedings to be progressed.
Legal Topics
Child Arrangements, Contact Orders, Hague Convention, Temporary Removal, Enforcement of Financial Orders
Family Law International Child Law Child Arrangements Contact Orders Hague Convention Temporary Removal Enforcement of Financial Orders

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Parties

CD

Applicant

EF

Respondent

Procedural Posture

Child Arrangements/contact Order (article 21 Hague Convention) / Final Judgment After Oral Hearing

Legal Issues

  1. 1 Whether direct contact between father and child should take place in Japan, England, or a third country
  2. 2 Whether the father's non-compliance with financial orders should affect his contact application
  3. 3 What safeguards are necessary to protect the child's welfare during international contact

Ratio Decidendi

It is not in the child's best interests to order contact in Japan at this stage due to the child's clear wishes, the lack of trust between parents, the absence of sufficient safeguards or expert evidence regarding enforcement in Japan, and the father's non-compliance with English court orders. Contact should take place in a third country (France) under specified conditions, with the father to bear travel and accommodation costs, and the arrangement to be flexible to allow future agreement for contact elsewhere.

Court Disposition

Contact order granted for contact in France, not Japan or England, with specified conditions; living arrangements and prohibited steps order made; financial remedy proceedings to be progressed.

Orders

  • Direct contact between father and child to take place in France during specified school holidays, with father to pay travel and accommodation costs for child and mother.
  • Contact to be for 1 week in summer and Christmas holidays 2021, increasing in subsequent years as specified.