Oxfordshire County Council v AD & Ors [2019] EWFC B66 (17 December 2019)

Oxfordshire County Council v AD & Ors [2019] EWFC B66 (17 December 2019)

The care orders for ED and FD are discharged as there are no concerns about the mother's ability to care for her children and the children are thriving. The FGM protection orders remain in force to protect against the risk of FGM should the girls return to Country X, but travel restrictions are relaxed to allow freedom of movement except to Country X and neighbouring countries until the girls reach eighteen.

Citation
[2019] EWFC B66
Parties
Applicant/respondent: Mother; Child/subject: CD; Child/subject: ED; Child/subject: FD; Child/subject: GD; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
17 December 2019
Procedural Posture
Family Law Care and FGM Protection Orders / Application to Discharge Care Orders and Vary FGM Protection Orders
Outcome
Care orders for ED and FD discharged; FGM protection orders varied to relax travel restrictions except for Country X and neighbouring countries until age eighteen; all parties consent.
Legal Topics
Care Orders, FGM Protection Orders, Discharge of Orders, Variation of Orders, Child Welfare, Travel Restrictions
Family Law Child Protection Human Rights Care Orders FGM Protection Orders Discharge of Orders Variation of Orders Child Welfare +1 more

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Parties

Mother

Applicant/respondent

CD

Child/subject

ED

Child/subject

FD

Child/subject

GD

Child/subject

Local Authority

Applicant

Procedural Posture

Family Law Care and FGM Protection Orders / Application to Discharge Care Orders and Vary FGM Protection Orders

Legal Issues

  1. 1 Whether care orders for ED and FD should be discharged
  2. 2 Whether FGM protection orders should be varied to allow travel outside Country X
  3. 3 Whether continued restrictions are proportionate and necessary

Ratio Decidendi

The care orders for ED and FD are discharged as there are no concerns about the mother's ability to care for her children and the children are thriving. The FGM protection orders remain in force to protect against the risk of FGM should the girls return to Country X, but travel restrictions are relaxed to allow freedom of movement except to Country X and neighbouring countries until the girls reach eighteen.

Court Disposition

Care orders for ED and FD discharged; FGM protection orders varied to relax travel restrictions except for Country X and neighbouring countries until age eighteen; all parties consent.

Orders

  • Care orders for ED and FD are discharged.
  • FGM protection orders remain in force for all three sisters.