B (Children), Re

B (Children), Re

The judge's welfare evaluation was not wrong; the safeguards (charge and English court order) are sufficient to protect the father's relationship with the children post-relocation; wardship is not justified and should be replaced by a child arrangements order; the charge is enforceable and not a penalty; appeal dismissed save for amendments to the order.

Parties
Appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
21 December 2015
Procedural Posture
Appeal / Final Judgment and Orders
Outcome
Appeal dismissed with amendments to the order
Legal Topics
Child Relocation, Parental Responsibility, Wardship, Child Arrangements Order, Enforcement of Foreign Orders, Security for Compliance
Family Law Private International Law Child Relocation Parental Responsibility Wardship Child Arrangements Order Enforcement of Foreign Orders Security for Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Father

Appellant

Mother

Respondent

Procedural Posture

Appeal / Final Judgment and Orders

Legal Issues

  1. 1 Whether leave should be granted for the mother to relocate children to Abu Dhabi
  2. 2 Whether wardship is appropriate where children will become habitually resident in a foreign, non-convention state
  3. 3 Legality and enforceability of financial security (charge) for compliance with child arrangements

Ratio Decidendi

The judge's welfare evaluation was not wrong; the safeguards (charge and English court order) are sufficient to protect the father's relationship with the children post-relocation; wardship is not justified and should be replaced by a child arrangements order; the charge is enforceable and not a penalty; appeal dismissed save for amendments to the order.

Court Disposition

Appeal dismissed with amendments to the order

Orders

  • Wardship order replaced with Section 8 child arrangements order
  • Charge enforcement requires court permission before realisation