DS v RS

DS v RS

The court found the risk of the mother failing to return Jayden to be very low, accepted her evidence as credible, and determined that the trip was in Jayden's best interests given the cultural significance and previous returns. Appropriate safeguards and undertakings were imposed to ensure Jayden's return.

Source-derived case information.

Parties
Applicant: DS; Respondent: RS
Jurisdiction
England and Wales
Judgment Date
03 July 2009
Procedural Posture
Family Law Child Residence and Leave to Remove / Judgment After Oral and Written Submissions
Outcome
Application granted
Legal Topics
Leave to Remove From Jurisdiction, Child Residence, Contact Arrangements, Best Interests of the Child
Family Law Child Custody Leave to Remove From Jurisdiction Child Residence Contact Arrangements Best Interests of the Child

Source-derived case record

Summary, issues, holding and outcome

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Parties

DS

Applicant

RS

Respondent

Procedural Posture

Family Law Child Residence and Leave to Remove / Judgment After Oral and Written Submissions

Legal Issues

  1. 1 Whether the mother should be granted leave to take the child Jayden to India for a limited period for a family wedding
  2. 2 Whether such a trip is in Jayden's best interests
  3. 3 Assessment of risk of the mother failing to return Jayden to the UK

Ratio Decidendi

The court found the risk of the mother failing to return Jayden to be very low, accepted her evidence as credible, and determined that the trip was in Jayden's best interests given the cultural significance and previous returns. Appropriate safeguards and undertakings were imposed to ensure Jayden's return.

Court Disposition

Application granted

Orders

  • Leave granted to the mother to take Jayden to India from 15 September 2009 to 15 October 2009.
  • Declaration that Jayden is a British citizen and habitually resident in the UK.