K v K
The risk of the mother breaching the order and retaining the children in Nigeria is vanishingly unlikely; the welfare of the children is best served by permitting the holiday; the father's application was based on inaccurate assertions and failed the duty of candour.
- Parties
- Applicant: K K; Respondent: K K
- Jurisdiction
- England and Wales
- Judgment Date
- 03 December 2020
- Procedural Posture
- Family / Judgment
- Outcome
- Prohibited Steps Order discharged; mother granted permission to take children to Nigeria for specified period.
- Legal Topics
- Prohibited Steps Order, Child Welfare, Temporary Removal to Non Hague Convention Country, Duty of Candour, Paramountcy Principle
Case Brief
Summary, issues, holding and outcome
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Parties
K K
Applicant
K K
Respondent
Procedural Posture
Family / Judgment
Legal Issues
- 1 Whether the Prohibited Steps Order preventing removal of children from England and Wales should be continued
- 2 Whether the mother should be permitted to take the children to Nigeria for a holiday
- 3 Assessment of risk of abduction and safety in Nigeria
Ratio Decidendi
The risk of the mother breaching the order and retaining the children in Nigeria is vanishingly unlikely; the welfare of the children is best served by permitting the holiday; the father's application was based on inaccurate assertions and failed the duty of candour.
Court Disposition
Prohibited Steps Order discharged; mother granted permission to take children to Nigeria for specified period.
Orders
- Discharge of Prohibited Steps Order made on 14 October 2020.
- Mother granted permission to take children to Nigeria from 10 December 2020 until 13 January 2021.
Full Case Text
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