F v M (Temporary Leave to Remove- Alleged Risk of Onward Abduction to Non-Hague Country) (Rev 1) [2018] EWFC B90 (21 December 2018)

F v M (Temporary Leave to Remove- Alleged Risk of Onward Abduction to Non-Hague Country) (Rev 1) [2018] EWFC B90 (21 December 2018)

The risk of the father abducting the children from France to Lebanon is negligible. The father does not have the necessary documentation to obtain a French passport for J, and the practical and evidential barriers to abduction are significant. The advantages to the children of the holiday outweigh the vanishingly small risk of abduction, especially with the safeguards and undertakings offered by the father.

Citation
[2018] EWFC B90
Parties
Applicant: F; Respondent: M; Respondents: The Children
Jurisdiction
England and Wales
Judgment Date
21 December 2018
Procedural Posture
Application for Temporary Leave to Remove Children From Jurisdiction / Final Hearing and Judgment
Outcome
Application granted
Legal Topics
Temporary Leave to Remove, Child Abduction Risk, Hague Convention, Welfare of the Child, Parental Responsibility
Family Law Child Law Temporary Leave to Remove Child Abduction Risk Hague Convention Welfare of the Child Parental Responsibility

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Parties

F

Applicant

M

Respondent

The Children

Respondents

Procedural Posture

Application for Temporary Leave to Remove Children From Jurisdiction / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the father should be granted permission to take the children to France for a holiday
  2. 2 Whether there is a real risk of onward abduction to Lebanon, a non-Hague Convention country
  3. 3 What safeguards are necessary and effective to mitigate any risk

Ratio Decidendi

The risk of the father abducting the children from France to Lebanon is negligible. The father does not have the necessary documentation to obtain a French passport for J, and the practical and evidential barriers to abduction are significant. The advantages to the children of the holiday outweigh the vanishingly small risk of abduction, especially with the safeguards and undertakings offered by the father.

Court Disposition

Application granted

Orders

  • Father granted permission to take the children to France for the specified holiday period
  • Father to give an undertaking not to apply for travel documents for the children and to return them to the jurisdiction on 1 January 2019