F v M

F v M

Permission for M to take the children to China for a holiday is refused due to a very high risk that M would not return the children at the end of the holiday, lack of effective safeguards, and the immense consequences of breach given China's non-signatory status to the Hague Convention and lack of enforceability of UK orders. The children's welfare would not be served by the trip, and the risks outweigh any potential benefits.

Parties
Applicant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
23 July 2025
Procedural Posture
Child Arrangements Order / Prohibited Steps Order / Final Judgment
Outcome
Permission refused for M to take the children to China for a holiday; prohibited steps order remains.
Legal Topics
Child Arrangements, Relocation, Parental Responsibility, Prohibited Steps Order, Welfare of the Child
Family Law Child Arrangements Relocation Parental Responsibility Prohibited Steps Order Welfare of the Child

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Parties

F

Applicant

M

Respondent

Procedural Posture

Child Arrangements Order / Prohibited Steps Order / Final Judgment

Legal Issues

  1. 1 Should M be permitted to take the children to China for a holiday?
  2. 2 Who should hold the children's passports?
  3. 3 What video contact should M have with the children while in China?

Ratio Decidendi

Permission for M to take the children to China for a holiday is refused due to a very high risk that M would not return the children at the end of the holiday, lack of effective safeguards, and the immense consequences of breach given China's non-signatory status to the Hague Convention and lack of enforceability of UK orders. The children's welfare would not be served by the trip, and the risks outweigh any potential benefits.

Court Disposition

Permission refused for M to take the children to China for a holiday; prohibited steps order remains.

Orders

  • M is refused permission to take the children to China for a holiday.
  • Prohibited steps order remains in place.