H v M & Anor

H v M & Anor

The court found that, despite high macro-level risk factors for FGM in The Gambia, micro-level factors including the maternal family's abandonment of FGM, robust safeguards, and M's commitment to protection rendered the risk to H as low and manageable. The worldwide travel ban was varied to permit a single trip with strict conditions and undertakings. Contact arrangements with F were modified to ensure H's welfare, and disclosure of M's statement to F was withheld as strictly necessary to protect H.

Parties
Applicant: H; Children's Guardian: Sarah Smith; First Respondent: M; Second Respondent: F
Jurisdiction
England and Wales
Judgment Date
13 February 2023
Procedural Posture
Family / Final Judgment
Outcome
Application granted in part; worldwide travel ban varied for single trip; FGM protection orders continued; contact arrangements modified; disclosure withheld.
Legal Topics
Female Genital Mutilation Protection Orders, Child Arrangements, Parental Responsibility, International Travel, Disclosure of Evidence
Family Law Child Protection Human Rights Female Genital Mutilation Protection Orders Child Arrangements Parental Responsibility International Travel Disclosure of Evidence

Case Brief

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Parties

H

Applicant

Sarah Smith

Children's Guardian

M

First Respondent

F

Second Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether to vary the worldwide travel ban to permit H to travel to The Gambia
  2. 2 Whether sufficient safeguards exist to protect H from FGM
  3. 3 Whether contact arrangements between H and F should be modified

Ratio Decidendi

The court found that, despite high macro-level risk factors for FGM in The Gambia, micro-level factors including the maternal family's abandonment of FGM, robust safeguards, and M's commitment to protection rendered the risk to H as low and manageable. The worldwide travel ban was varied to permit a single trip with strict conditions and undertakings. Contact arrangements with F were modified to ensure H's welfare, and disclosure of M's statement to F was withheld as strictly necessary to protect H.

Court Disposition

Application granted in part; worldwide travel ban varied for single trip; FGM protection orders continued; contact arrangements modified; disclosure withheld.

Orders

  • H permitted to travel to The Gambia with M between 29 March and 16 April 2023, subject to strict conditions and undertakings.
  • M to return with H to England and Wales by 16 April 2023.