K v K [2020] EWFC 96 (03 December 2020)

K v K [2020] EWFC 96 (03 December 2020)

The risk of the mother breaching the order and not returning the children is vanishingly small. The benefits to the children of visiting Nigeria outweigh the minimal risks. The ex parte order was obtained on an unfair basis due to lack of candour, but the paramountcy principle requires the court to focus on the children's welfare, not to punish the applicant's litigation conduct.

Citation
[2020] EWFC 96
Parties
Applicant: K; Respondent: K
Jurisdiction
England and Wales
Judgment Date
03 December 2020
Procedural Posture
Family Law Children / Application for Continuation of Prohibited Steps Order (return Date Hearing After Ex Parte Order)
Outcome
Prohibited Steps Order discharged; mother granted permission to take children to Nigeria for specified period.
Legal Topics
Prohibited Steps Order, Temporary Removal From Jurisdiction, Child Welfare, Ex Parte Applications, Duty of Candour, International Child Abduction, Best Interests of the Child
Family Law Child Law Prohibited Steps Order Temporary Removal From Jurisdiction Child Welfare Ex Parte Applications Duty of Candour International Child Abduction +1 more

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

K

Applicant

K

Respondent

Procedural Posture

Family Law Children / Application for Continuation of Prohibited Steps Order (return Date Hearing After Ex Parte Order)

Legal Issues

  1. 1 Whether the Prohibited Steps Order preventing the mother from taking the children to Nigeria should be continued
  2. 2 Whether there is a real risk of abduction or harm to the children if allowed to travel to Nigeria
  3. 3 Whether the ex parte order was properly obtained

Ratio Decidendi

The risk of the mother breaching the order and not returning the children is vanishingly small. The benefits to the children of visiting Nigeria outweigh the minimal risks. The ex parte order was obtained on an unfair basis due to lack of candour, but the paramountcy principle requires the court to focus on the children's welfare, not to punish the applicant's litigation conduct.

Court Disposition

Prohibited Steps Order discharged; mother granted permission to take children to Nigeria for specified period.

Orders

  • Prohibited Steps Order of 14 October 2020 discharged
  • Mother granted permission to take children to Nigeria from 10 December 2020 until 13 January 2021, with obligation to return children on latter date