E (Female Genital Mutilation and Permission to Remove)

E (Female Genital Mutilation and Permission to Remove)

There is no appreciable risk of the children being subjected to female genital mutilation if returned to the care of their father in Nigeria; the mother's allegations are not credible and were made to bolster an asylum application. The children's welfare is best served by permitting the father to remove them permanently from the jurisdiction to Nigeria, where their needs will be met and their legal status secured.

Parties
Applicant: CE; Respondent: NE; Local Authority: Royal Borough of Greenwich
Jurisdiction
England and Wales
Judgment Date
22 April 2016
Procedural Posture
Family / Final Judgment
Outcome
Father's application to remove children from jurisdiction granted; mother's application for continuation of FGM orders dismissed.
Legal Topics
Female Genital Mutilation, Child Arrangements, International Relocation, Asylum, Parental Responsibility
Family Law Child Protection Immigration Law Female Genital Mutilation Child Arrangements International Relocation Asylum Parental Responsibility

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Parties

CE

Applicant

NE

Respondent

Royal Borough of Greenwich

Local Authority

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether there is a risk of female genital mutilation to the children if returned to Nigeria
  2. 2 Whether the father should be permitted to remove the children permanently from the jurisdiction
  3. 3 Assessment of the credibility of the mother's allegations

Ratio Decidendi

There is no appreciable risk of the children being subjected to female genital mutilation if returned to the care of their father in Nigeria; the mother's allegations are not credible and were made to bolster an asylum application. The children's welfare is best served by permitting the father to remove them permanently from the jurisdiction to Nigeria, where their needs will be met and their legal status secured.

Court Disposition

Father's application to remove children from jurisdiction granted; mother's application for continuation of FGM orders dismissed.

Orders

  • Child arrangements order: children to live with father
  • Father given permission to remove children permanently to Nigeria