Father v Mother & Anor

Father v Mother & Anor

It is in the child’s best interests for contact with the father to be gradually increased, including eventual travel abroad, with robust safeguards. The mother’s consent for US passport renewal is dispensed with. The port alert remains for 12 months. The father must post a bond before any foreign travel. The arrangements are structured to protect the child’s welfare, address both parents’ fears, and promote co-parenting, with gradual exposure to international contact and clear safeguards to prevent abduction.

Parties
Applicant: Father; 1st Respondent: Mother; 2nd Respondent: Child (acting by his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
20 December 2024
Procedural Posture
Children Act Private Law / Hague Convention Contact Application / Final Judgment
Outcome
Application granted in part; structured contact order with safeguards; passport renewal consent dispensed; port alert continued for 12 months; bond required for foreign travel.
Legal Topics
Child Arrangements, Contact Orders, International Child Abduction, Hague Convention, Parental Responsibility, Passport Orders, Prohibited Steps Orders
Family Law International Child Law Child Arrangements Contact Orders International Child Abduction Hague Convention Parental Responsibility Passport Orders +1 more

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Parties

Father

Applicant

Mother

1st Respondent

Child (acting by his Children’s Guardian)

2nd Respondent

Procedural Posture

Children Act Private Law / Hague Convention Contact Application / Final Judgment

Legal Issues

  1. 1 Whether to extend the father's contact to allow travel abroad with the child
  2. 2 Whether to dispense with the mother's consent for renewal of the child's US passport
  3. 3 Whether to continue retention of passports and port alert

Ratio Decidendi

It is in the child’s best interests for contact with the father to be gradually increased, including eventual travel abroad, with robust safeguards. The mother’s consent for US passport renewal is dispensed with. The port alert remains for 12 months. The father must post a bond before any foreign travel. The arrangements are structured to protect the child’s welfare, address both parents’ fears, and promote co-parenting, with gradual exposure to international contact and clear safeguards to prevent abduction.

Court Disposition

Application granted in part; structured contact order with safeguards; passport renewal consent dispensed; port alert continued for 12 months; bond required for foreign travel.

Orders

  • Gradual increase of direct contact: three times a year (Christmas, Easter, Summer), with nights increasing up to 14 by 2028.
  • No travel to the United States before Summer 2028; first foreign contact in Europe in 2027.