CJ v ME & Anor

CJ v ME & Anor

The risk of wrongful retention of P in Japan by the mother is high, given her prior dishonest conduct in forging a divorce document to obtain sole custody, her lack of insight into the impact of her actions, and the limitations of Japanese enforcement mechanisms. The magnitude of the consequences for P if not returned is severe, including disruption, distress, and loss of stability. The available safeguards are insufficient to mitigate these risks. Therefore, it is not in P's best interests to permit travel to Japan for holidays at this time, and the Prohibited Steps Order should remain in force.

Parties
Applicant: CJ; 1st Respondent: ME; 2nd Respondent: P (By her Guardian, Sophie Winsper)
Jurisdiction
England and Wales
Judgment Date
06 April 2024
Procedural Posture
Family Law Child Arrangements / Final Judgment After Contested Hearing
Outcome
Application to permit holidays in Japan refused; Prohibited Steps Order extended
Legal Topics
Child Arrangements, International Travel With Children, Prohibited Steps Orders, Enforcement of Foreign Orders, Parental Responsibility
Family Law International Child Law Child Arrangements International Travel With Children Prohibited Steps Orders Enforcement of Foreign Orders Parental Responsibility

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Parties

CJ

Applicant

ME

1st Respondent

P (By her Guardian, Sophie Winsper)

2nd Respondent

Procedural Posture

Family Law Child Arrangements / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether P should be permitted to spend holidays in Japan with her mother
  2. 2 Whether the Prohibited Steps Order preventing travel should be discharged
  3. 3 Assessment of risk of wrongful retention of P in Japan

Ratio Decidendi

The risk of wrongful retention of P in Japan by the mother is high, given her prior dishonest conduct in forging a divorce document to obtain sole custody, her lack of insight into the impact of her actions, and the limitations of Japanese enforcement mechanisms. The magnitude of the consequences for P if not returned is severe, including disruption, distress, and loss of stability. The available safeguards are insufficient to mitigate these risks. Therefore, it is not in P's best interests to permit travel to Japan for holidays at this time, and the Prohibited Steps Order should remain in force.

Court Disposition

Application to permit holidays in Japan refused; Prohibited Steps Order extended

Orders

  • Prohibited Steps Order preventing P's travel to Japan extended until 31 March 2028
  • Child arrangements in the UK: P to spend five weeks of the summer holiday with the mother and two with the father, with return two nights before school term