DH v CL & Ors

DH v CL & Ors

The court granted permission for the father to relocate LL to Kurdistan, finding that the child’s best interests are served by remaining in the father’s full-time care, with annual contact safeguarded by sworn undertakings, and that alternative placements in England would likely cause significant harm and disruption.

Parties
Applicant: DH; Respondent: CL; Respondent: A Local Authority; Respondent: ML; Respondent: ET; Respondent: LL (by his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
06 June 2014
Procedural Posture
Child Arrangements / Relocation Application / Final Judgment
Outcome
Application granted
Legal Topics
International Child Relocation, Child Arrangements Order, Welfare Principle, Recognition and Enforcement of Foreign Orders, Article 8 ECHR Rights
Family Law Child Law International Child Relocation Child Arrangements Order Welfare Principle Recognition and Enforcement of Foreign Orders Article 8 ECHR Rights

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Parties

DH

Applicant

CL

Respondent

A Local Authority

Respondent

ML

Respondent

ET

Respondent

LL (by his Children’s Guardian)

Respondent

Procedural Posture

Child Arrangements / Relocation Application / Final Judgment

Legal Issues

  1. 1 Whether to grant permission for permanent removal of a child from the jurisdiction to live abroad
  2. 2 Assessment of competing placement options for the child
  3. 3 Recognition and enforcement of English orders in Kurdistan/Iraq

Ratio Decidendi

The court granted permission for the father to relocate LL to Kurdistan, finding that the child’s best interests are served by remaining in the father’s full-time care, with annual contact safeguarded by sworn undertakings, and that alternative placements in England would likely cause significant harm and disruption.

Court Disposition

Application granted

Orders

  • Child arrangements order under section 8 confirming LL lives with his father
  • Permission granted for permanent removal of LL to Kurdistan effective July 2014