Z (A Child) (FGMPO : Prevalence of FGM) [2017] EWHC 3566 (Fam) (06 November 2017)

Z (A Child) (FGMPO : Prevalence of FGM) [2017] EWHC 3566 (Fam) (06 November 2017)

Given the extremely high prevalence of FGM in Guinea, lack of credible evidence that F's family is an exception, and the inability of Guinean authorities to provide effective protection, there is a real and significant risk that Z would be subjected to FGM if taken to Guinea. The risk and consequences outweigh the benefits of travel. A FGMPO is necessary and proportionate to protect Z's welfare. Restrictions on F's passport and travel with Z are justified. Child arrangements must prioritise Z's welfare, autonomy, and emotional needs.

Citation
[2017] EWHC 3566 (Fam)
Parties
Applicant: M; 1st Respondent: F; 2nd Respondent: Z (A Child)
Jurisdiction
England and Wales
Judgment Date
06 November 2017
Procedural Posture
Family Law Children Act and FGM Protection / Final Judgment After Full Hearing
Outcome
FGM Protection Order granted; child arrangements order made; restrictions on F's passport and travel with Z imposed.
Legal Topics
Female Genital Mutilation Protection Orders, Child Arrangements Orders, Domestic Abuse, International Child Protection, Parental Responsibility
Family Law Child Protection Human Rights Female Genital Mutilation Protection Orders Child Arrangements Orders Domestic Abuse International Child Protection Parental Responsibility

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Parties

M

Applicant

F

1st Respondent

Z (A Child)

2nd Respondent

Procedural Posture

Family Law Children Act and FGM Protection / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether a Female Genital Mutilation Protection Order (FGMPO) should be made to prevent Z from being taken to Guinea due to risk of FGM
  2. 2 Appropriate child arrangements and contact regime between Z and her father
  3. 3 Whether restrictions on F's passport and overseas travel with Z are justified

Ratio Decidendi

Given the extremely high prevalence of FGM in Guinea, lack of credible evidence that F's family is an exception, and the inability of Guinean authorities to provide effective protection, there is a real and significant risk that Z would be subjected to FGM if taken to Guinea. The risk and consequences outweigh the benefits of travel. A FGMPO is necessary and proportionate to protect Z's welfare. Restrictions on F's passport and travel with Z are justified. Child arrangements must prioritise Z's welfare, autonomy, and emotional needs.

Court Disposition

FGM Protection Order granted; child arrangements order made; restrictions on F's passport and travel with Z imposed.

Orders

  • FGMPO made prohibiting F from taking Z to Guinea or any country from which she could be taken to Guinea until her 17th birthday.
  • F to surrender his passport to M's solicitors during any period Z is in his care; M to bear the cost.